The mother and father disputed contact. It was known that a third party had made a confidential allegation of sexual abuse against the father. Disclosure was sought. The application was resisted on the basis that the woman’s own health would be damaged.
Held: The order was declined. Jackson J said: ‘in this highly unusual situation it is not possible for information about X’s identity and allegations to be disclosed to the parties. My reasons are these:
(1) I accept the medical evidence about the potentially serious effect of disclosure on X’s health.
(2) The information once disclosed, cannot be controlled. X could not be assured that her identity as an alleged victim of sexual abuse would remain confidential within the proceedings.
(3) X’s identity and her allegations are inextricably intertwined.
(4) For the court to order disclosure when it is not prepared to order X to give evidence would risk harming X without achieving anything valuable for A and her parents. The nature and extent of X’s allegations mean that they could not readily be proved or disproved by reference to third parties or independent sources. It is therefore unlikely that any outcome achieved in X’s absence would clear the air between the parties or provide a solid foundation for future arrangements for A.
(5) The court must have regard to the nature of the interests being balanced, namely contact on one hand and physical and mental health on the other.’
Judges:
Jackson J
Citations:
[2012] EWHC 180 (Fam)
Links:
Cited by:
Cited – In re A (A Child) SC 12-Dec-2012
A woman, X, had made an allegation in confidence she had been sexually assaulted as a child. The court was asked whether that confidence could be overriden to allow an investigation to protect if necessary a child still living with the man. Evidence . .
Appeal from – In re J (A Child: Disclosure) CA 21-Sep-2012
X had complained in confidence of an alleged assault by the father of A. Social services had wished to include that disclosure in an investigation of J’s care of A. . .
Appeal from – In re X CA 24-Jul-2012
X had made, in confidence, an allegation that she had been abused as a child. The alleged perpetrator was now in another relationship, and with children. X resisted the disclosure of her complaint.
Held: An order was made for disclosure. There . .
Lists of cited by and citing cases may be incomplete.
Family, Information
Updated: 01 November 2022; Ref: scu.460514