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Disclosure in public law Children Act proceedings: duties and limitations
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Gemma Taylor KC, Barrister, 42BR Barristers
Ann Osborne, Barrister, 42BR Barristers
This article explores disclosure within the sphere of public law Children Act matters. It considers the positive duties of local authorities to disclose all relevant material in their possession which might assist a party to rebut allegations against them and the consequences for local authorities which fail to discharge the duty to disclose.
Within the article, the exceptional circumstances in which limitations can be declared by the court is also explored. The issue of non-disclosure in a case where there was a fear of so-called ‘honour-based punishment’, domestic violence, serious sexual assaults on a child by the parent are considered.
Finally, the interim measures available to local authorities where a duty to notify foreign authorities of proceedings arises are discussed with reference to case law.
The full article has published in the November issue of Family Law.
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Read the full article here.
