Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce
and care proceedings to transparency and access to justice. If you would like to contribute please email
emma.reitano@lexisnexis.co.uk.
Removing a party to proceedings: A Local Authority v F and others
© Copyright LexisNexis 2024. All rights reserved.
Family analysis: Following A Local Authority v F and others [2018] EWHC 451 (Fam) [2018] All ER (D) 68 (Mar) Gemma Taylor QC of 42 Bedford Row Chambers explains the circumstances under which a local authority can be absolved of its duties to consult with a parent and provide information.
What are the practical implications of this case?
The decision in
A Local Authority v F and others highlights that in any application to remove a party to proceedings to limit disclosure to a party and to absolve the local authority from its statutory obligation to consult them however grave the circumstances that party must be given notice of the application and have some idea of the case against them.
As a preliminary consideration in such circumstances the court should decide what documents should be disclosed to that party. The court in
A Local Authority v F and others exercised its case management powers under the Family Procedure Rules 2010 (FPR 2010) 4.1 so that the parents were served with redacted applications and a covering letter. Once the father had responded...
Read the full article here.
