Local Authority v M & M & Ors (Rev 1)

Local Authority v M & M & Ors (Rev 1)

Given the immediate and grave risk posed by the father to the mother and children, and the inability to manage that risk through redaction or partial participation, the father's exclusion from the proceedings is justified. The balance of rights under Articles 6 and 8 ECHR, in the specific facts of this case, requires prioritizing the safety of the mother and children over the father's procedural rights. The decision is to be kept under review.

Parties
Applicant: The Local Authority; 1st Respondent: The Mother; 2nd Respondent: The Father; 3rd & 4th Respondents: M & M (The Children, by their Guardian); Advocate to the Court: Ms Shaheed Fatima
Jurisdiction
England and Wales
Judgment Date
07 December 2009
Procedural Posture
Care Proceedings Under Part IV of the Children Act 1989 / Interim Application to Discharge Father as Party and Withhold Proceedings From Him
Outcome
Father discharged as a party to the proceedings; proceedings to continue without his involvement or notification.
Legal Topics
Care Proceedings, Parental Responsibility, Exclusion of Parent From Proceedings, Article 6 ECHR, Article 8 ECHR, Domestic Violence, Risk to Children and Mother
Family Law Child Protection Human Rights Care Proceedings Parental Responsibility Exclusion of Parent From Proceedings Article 6 ECHR Article 8 ECHR +2 more

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Parties

The Local Authority

Applicant

The Mother

1st Respondent

The Father

2nd Respondent

M & M (The Children, by their Guardian)

3rd & 4th Respondents

Ms Shaheed Fatima

Advocate to the Court

Procedural Posture

Care Proceedings Under Part IV of the Children Act 1989 / Interim Application to Discharge Father as Party and Withhold Proceedings From Him

Legal Issues

  1. 1 Whether the father, who holds parental responsibility, should be discharged as a party to care proceedings and not served or notified of their existence due to risk to the mother and children
  2. 2 Whether such exclusion is compatible with the father's rights under Article 6 and Article 8 ECHR

Ratio Decidendi

Given the immediate and grave risk posed by the father to the mother and children, and the inability to manage that risk through redaction or partial participation, the father's exclusion from the proceedings is justified. The balance of rights under Articles 6 and 8 ECHR, in the specific facts of this case, requires prioritizing the safety of the mother and children over the father's procedural rights. The decision is to be kept under review.

Court Disposition

Father discharged as a party to the proceedings; proceedings to continue without his involvement or notification.

Orders

  • Father discharged as a party to the proceedings.
  • Fact of the proceedings not to be disclosed to the father.