The Official Solicitor as next friend of a child N and a child R both of whom are subjects of pending Care Order proceedings before a Family Proceedings Court issued by a Community Hospital Trust seeks the following relief:
(i) A declaration that the learned Resident Magistrate hearing this case had no jurisdiction to make an Order of 22 June 2005 ordering that the guardian ad litem make disclosure of her notes of conversations with the mother of these children and with the children themselves to the mother and to the other parties in the proceedings .
(ii) Further, or in the alternative, if the learned Resident Magistrate did have jurisdiction to make the said Order for disclosure, a declaration that he erred in law in exercising his discretion to order disclosure against the guardian ad litem (‘gal’) to the extent that he did or at all.
(iii) An Order of Certiorari to remove into this Honourable court and quash the said decision.
(iv) An Order of Mandamus to compel the learned Resident Magistrate to consider the application for disclosure according to law.
[2005] NIQB 75
Bailii
Northern Ireland
Updated: 28 July 2021; Ref: scu.239074