W (Children)

W (Children)

Disclosure of family court documents to SW for the purpose of commencing Queen’s Bench proceedings is permitted, subject to strict safeguards to protect the Article 6 and Article 8 rights of PO and the children, and to ensure anonymity and privacy.

Parties
Applicant: SW; Respondent: Local Authority; Interested Party: PO
Jurisdiction
England and Wales
Judgment Date
17 August 2017
Procedural Posture
Family / Post Appeal Application for Disclosure
Outcome
Application for disclosure granted with conditions
Legal Topics
Disclosure of Court Documents, Privacy, Fairness in Proceedings, Misfeasance in Public Office, ECHR Rights
Family Law Civil Procedure Human Rights Disclosure of Court Documents Privacy Fairness in Proceedings Misfeasance in Public Office ECHR Rights

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Parties

SW

Applicant

Local Authority

Respondent

PO

Interested Party

Procedural Posture

Family / Post Appeal Application for Disclosure

Legal Issues

  1. 1 Whether SW may disclose family court documents for the purpose of commencing civil proceedings
  2. 2 Compatibility of disclosure with Article 6 and Article 8 ECHR rights of PO and the children
  3. 3 Appropriate safeguards for disclosure to protect anonymity and privacy

Ratio Decidendi

Disclosure of family court documents to SW for the purpose of commencing Queen’s Bench proceedings is permitted, subject to strict safeguards to protect the Article 6 and Article 8 rights of PO and the children, and to ensure anonymity and privacy.

Court Disposition

Application for disclosure granted with conditions

Orders

  • SW permitted to disclose documents necessary for Queen’s Bench proceedings, subject to safeguards.
  • SW may identify the Judge in disclosure and in Queen’s Bench proceedings.