References: [1990] 1 FLR 330
Coram: Watkins LJ and Waite J
Application was made for the disclosure of a local authorities social worker records, during the course of care proceedings after allegations of secual abuse had been made against the parents.
Held: The court must look to the interests of the child: ‘as part and parcel of its general welfare, not only in having its own voice sympathetically heard and its own needs sensitively considered but also in ensuring that its parents are given every proper opportunity of having the evidence fairly tested and preparing themselves in advance to meet the grave charges against them.’ and ‘Local authorities therefore have a high duty in law, not only on grounds of general fairness but also in the direct interest of a child whose welfare they serve, to be open in the disclosure of all relevant material affecting that child in their possession or power (excluding documents protected on established grounds of public immunity) which may be of assistance to the natural parent or parents in rebutting charges against one or both of them of in any way ill-treating the child.’
This case is cited by:
- Cited – Durham County Council -v- Dunn CA (Bailii, [2012] EWCA Civ 1654)
The claimant wished to begin a claim alleging historic sexual abuse while he had been at an institution run by the defendants. The claimant sought pre-trial disclosure of various documents and the court now considered the principle applicable, and . .