In the matter of F G and H (Care proceedings) [2013] JRC 133A (28 June 2013)

In the matter of F G and H (Care proceedings) [2013] JRC 133A (28 June 2013)

The absolute Article 6 right to a fair trial of the mother, father, and granddaughter outweighs the qualified Article 8 privacy rights of the third, fourth, and fifth respondents. Disclosure of the psychological assessment is proportionate, necessary for safeguarding the granddaughter, and limited to a restricted class within the family for the proper conduct of contact proceedings.

Citation
[2013] JRC 133A
Parties
Applicant: The Minister; Respondent: Third respondent; Respondent: Fourth respondent; Respondent: Fifth respondent; Party to Contact Proceedings: Father; Party to Contact Proceedings: Mother; Court Officer: Registrar; Welfare Officer: Eleanor Green; Chartered Psychologist: Lisa Wolfe; Expert: Mr Tucker
Jurisdiction
Jersey
Judgment Date
28 June 2013
Procedural Posture
Application for Disclosure in Family Proceedings / Judgment on Application for Leave to Disclose Psychological Assessment
Outcome
Application granted
Legal Topics
Disclosure of Confidential Documents, Article 6 and Article 8 ECHR Rights, Balancing Privacy and Fair Trial, Children's Welfare, Care and Contact Proceedings
Family Law Child Protection Human Rights Disclosure of Confidential Documents Article 6 and Article 8 ECHR Rights Balancing Privacy and Fair Trial Children's Welfare Care and Contact Proceedings

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Parties

The Minister

Applicant

Third respondent

Respondent

Fourth respondent

Respondent

Fifth respondent

Respondent

Father

Party to Contact Proceedings

Mother

Party to Contact Proceedings

Registrar

Court Officer

Eleanor Green

Welfare Officer

Lisa Wolfe

Chartered Psychologist

Mr Tucker

Expert

Procedural Posture

Application for Disclosure in Family Proceedings / Judgment on Application for Leave to Disclose Psychological Assessment

Legal Issues

  1. 1 Whether psychological assessment from care proceedings should be disclosed into contact proceedings
  2. 2 Balancing Article 8 privacy rights against Article 6 fair trial rights
  3. 3 Scope and limits of Rule 25 Children Rules 2005

Ratio Decidendi

The absolute Article 6 right to a fair trial of the mother, father, and granddaughter outweighs the qualified Article 8 privacy rights of the third, fourth, and fifth respondents. Disclosure of the psychological assessment is proportionate, necessary for safeguarding the granddaughter, and limited to a restricted class within the family for the proper conduct of contact proceedings.

Court Disposition

Application granted

Orders

  • Disclosure of the psychological assessment to the Registrar for limited onward disclosure as necessary for contact proceedings.
  • Second respondent given fourteen days to apply to be heard before disclosure order takes effect.