Ward has no extra privilege from Police Interview
The court considered the need to apply to court in respect of the care of a ward of the court when the Security services needed to investigate possible terrorist involvement of her and of her contacts. Application was made for a declaration as to the need for the Court’s prior permission.
Held: Being a ward of court did not create any special privilege for the child under law, and ‘the asserted principle or rule that judicial consent is required before the police can interview a ward of court, is impossible to reconcile either with the A v Liverpool City Council principle or with the ‘no privilege over other children’ principle.’
The position remained unsatisfactory and confused and was in need of clarification.
Orse: In re a Ward of Court (Wardship: Interview)
Sir James Munby P FD
[2017] EWHC 1022 (Fam), [2017] WLR(D) 312, [2017] 2 FLR 1515, [2017] Fam 369, [2017] 3 FCR 171, [2017] 4 All ER 331, [2017] 3 WLR 593
Bailii, WLRD
England and Wales
Citing:
Cited – Y v Z FD 28-Feb-2014
The mother applied to court for permission to disclose to the police the fact, as alleged, that the Father had lied in documents filed at court.
Bodey J said that: ‘it is no part of the functions of the Courts to act as investigators, or . .
Cited – Tower Hamlets v M and Others FD 27-Mar-2015
The authority sought orders to prevent the respondent children travelling to countries controlled by the ISIS groups. The parents being unlikely to be effective to restrain them, the court had made them wards of court.
Held: ‘the status of a . .
Cited – A v Liverpool City Council HL 1981
Though the child was subject to a care order in favour of the local authority, a wardship order was sought.
Held: Once a care order had been made, whether final or interim, the court was effectively faced with a choice and not a choice which . .
Cited – In re W (a Minor) (Wardship: Jurisdiction) HL 1985
Relatives of a child who was in local authority care disagreed with the authority’s plans for her future.
Held: They could not challenge them by seeking a determination on the merits in wardship.
Lord Scarman referred to Liverpool v A and . .
Cited – In re B (Infants) 1962
. .
Cited – In re Mohamed Arif (An Infant) CA 1968
Russell LJ said: ‘When an infant becomes a ward of court, control over the person of the infant is vested in the judges of the Chancery Division of the High Court. It is for the judge to say by order from time to time where the ward is to reside and . .
Cited – In re D (A Minor) 1987
A dispute as to whether the education authority is exercising its powers properly raises matters of public law to be determined by reference not to the principles of family law but to the principles of substantive public law applied by the . .
Cited – Holmes-Moorhouse v Richmond Upon Thames HL 4-Feb-2009
The father had been awarded shared residence for three children. He asked the local authority to provide appropriate housing.
Held: The authority’s appeal succeeded.
‘When any family court decides with whom the children of separated . .
Cited – In re JS (A Minor) (Wardship: Boy Soldier) 1990
The Court considered the procedures for when a 17 year old a boy soldier who had gone absent without leave and returned home to his parents. He had been due to go to Iraq. His mother sought an order for wardship.
Held: The Court struck out . .
Cited – In re W (A Minor) (Adoption Agency: Wardship) 1990
The court considered the requirments for adoption of a child subject to wardship. . .
Cited – In re R (Wardship: Criminal Proceedings) 1991
Lord Brightman said: ‘Although the prerogative jurisdiction of the High Court in wardship cases remains, nevertheless the exercise of that jurisdiction has been and must continue to be treated as circumscribed by the existence of the statutory code. . .
Cited – Islington London Borough Council v TM FD 2004
The court considered when a ward of court baby was to live with his mother in a prison mother and baby unit. . .
Cited – CF v Secretary of State for the Home Department FD 30-Jan-2004
The court considered the choice or procedures arising in relation to a baby ward of court living with its mother in prison. The sentence to be served would take the child beyond the maximum age provided for in mother and baby units. . .
Cited – In re T (Wardship: Review of Police Protection Decision) (No 2) FD 2008
The court considered promises of confidentiality given by expert witneses to children.
Held: Full disclosure should be made to the court of the relevant material, and the court should then decide whether the ECHR Article 6 rights of the . .
Cited – In re T (Wardship: Impact of Police Intelligence) FD 2009
The police had obtained intelligence that the imprisoned father of a ward had taken out a contract to murder the child’s mother. As a consequence they took the child and his mother into police protection, which they threatened to withdraw if the . .
Cited – In re T(AJJ) (An Infant) CA 1970
Russell LJ said: ‘But it must be borne in mind that the infant is a ward of court under the judge’s order, and if anyone is minded to question or interview the infant they may well be at risk of being in contempt.’ . .
Cited – In re F (otherwise A ) (A Minor) (Publication of Information) CA 1977
An allegation of contempt was made in proceedings related to the publication by a newspaper of extracts from a report by a social worker and a report by the Official Solicitor, both prepared after the commencement and for the purpose of the wardship . .
Cited – Practice Direction (Minor: Independent Reporter) 1983
An ‘independent’ reporter may not interview the ward without the court’s leave. . .
Cited – In re S (Minors) (Wardship: Police Investigation); Re S (Minors) (Wardship: Disclosure of Material) FD 1987
Local authority case records and a verbatim extract from the case records which had been exhibited to an affidavit from a social worker had been disclosed.
Held: Booth J asked as to the case records: ‘whether the words in the section . .
Cited – In re K (Minors) (Wardship: Criminal Proceedings) FD 24-Aug-1987
Children had been interviewed by the police before they became wards of court.
Held: It would be a constitutional impropriety for the wardship court to intervene in the statutory process governing the conduct of a criminal trial and in matters . .
Cited – Kelly (A Minor) v British Broadcasting Corporation FD 25-Jul-2000
K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well . .
Cited – Aintree University Hospitals NHS Foundation Trust v James SC 30-Oct-2013
The hospital where a gravely ill man had been treated had asked for a declaration that it would be in his best interests to withhold certain life-sustaining treatments from him. When can it be in the best interests of a living patient to withhold . .
Cited – Egeneonu v Egeneonu FD 18-Jan-2017
H appeared to be in contempt of court having failed to return the children, wards of court, to the uk. W now sought an order for his extradition on the basis that the contempt was criminal. . .
Cited – In re W (Wardship: Discharge: Publicity) CA 1995
Four wards of court aged between nine and 14 had given an interview to a newspaper reporter, who plainly knew that they were wards of court, in circumstances which clearly troubled both the Official Solicitor, their guardian ad litem, who . .
Cited – In re C (A Minor) (Wardship: Medical Treatment) CA 1989
. .
Cited – Re B (A Minor) FD 15-Dec-1989
Ewbank J considered the case of a ward of court, aged 17.5 years who had been arrested by the police on suspicion of burglary and said: ‘After he was arrested he was interviewed by the police who did not know that he was a ward of court. They became . .
Cited – Re G; Re R Note (Wards) (Police Interviews) FD 19-Mar-1990
Sir Stephen Brown P gave judgment in a case in which the police sought permission, which was granted, to administer cautions to two wards of court.
Held: He said: ‘There is, therefore, no difficulty over the granting of leave in these two . .
Cited – Practice Direction (Ward: Witness at Trial) EW 11-Nov-1987
‘Where the police desire to interview a child who is already a ward of court application must be made for leave for the police to do so . . If it is desired to conduct any interview beyond what is permitted by the order further application should be . .
Cited – Practice Direction (Ward: Witness at Trial) (No 2) FD 18-Jul-1988
‘The registrar’s direction of 11 November 1987, Practice Direction (Ward: Witness at Trial) [1987] 1 W.L.R. 1739, set out the procedure to be followed to obtain leave for the police to interview a child who is a ward of court. It provided that all . .
Cited – In re A (A Minor) (Wardship: Police Caution) FD 28-Jun-1989
The Court considered the role of the wardship court where the police wished to caution a ward of court. The question fell into two parts. In relation to the first, Cazalet J said this: ‘The decision as to whether to caution in lieu of prosecuting is . .
Cited by:
Cited – V v W FC 2-Dec-2020
FDR Appointment Must Remain Confidential
XYZ had been appointed to value a family company within financial relief proceedings, but on seeking payment of their fees, and facing a counterclaim alleging negligence, they sought disclosure of the transcript of the Financial Dispute Resolution . .
Lists of cited by and citing cases may be incomplete.
Children
Updated: 10 November 2021; Ref: scu.588154