W (Children) [2017] EWFC 61 (17 August 2017)

W (Children) [2017] EWFC 61 (17 August 2017)

Disclosure of specified family court documents to SW and her legal team for the purpose of proposed Queen's Bench proceedings is necessary and justified, provided strict safeguards are imposed to protect the Article 8 rights of PO and the children, including anonymisation, redaction, and restrictions on further...

Source-derived case information.

Citation
[2017] EWFC 61
Parties
Applicant: SW; Respondent: Local Authority
Jurisdiction
England and Wales
Judgment Date
17 August 2017
Procedural Posture
Family Court Application for Disclosure / Post Judgment, Application for Disclosure to Support Civil Proceedings
Outcome
Application for disclosure granted with conditions
Legal Topics
Disclosure of Family Court Documents, Article 8 ECHR (private Life), Article 6 ECHR (fair Trial), Misfeasance in Public Office, Vicarious Liability, Contempt of Court Act 1981, Anonymity and Reporting Restrictions
Family Law Civil Procedure Human Rights Disclosure of Family Court Documents Article 8 ECHR (private Life) Article 6 ECHR (fair Trial) Misfeasance in Public Office Vicarious Liability +2 more

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Parties

SW

Applicant

Local Authority

Respondent

Procedural Posture

Family Court Application for Disclosure / Post Judgment, Application for Disclosure to Support Civil Proceedings

Legal Issues

  1. 1 Whether SW should be permitted to disclose family court documents for the purpose of proposed civil proceedings
  2. 2 Whether such disclosure is compatible with the Article 6 and Article 8 rights of PO and the children
  3. 3 What safeguards and conditions should be imposed on disclosure

Ratio Decidendi

Disclosure of specified family court documents to SW and her legal team for the purpose of proposed Queen's Bench proceedings is necessary and justified, provided strict safeguards are imposed to protect the Article 8 rights of PO and the children, including anonymisation, redaction, and restrictions on further disclosure or publication.

Court Disposition

Application for disclosure granted with conditions

Orders

  • Paragraph 5 of the Court of Appeal order of 17 November 2016 varied to allow identification of the trial judge in Queen's Bench proceedings.
  • SW permitted to disclose necessary documents to her legal team and proposed defendants, subject to anonymisation and redaction.