What Are My Rights To Privacy?

In making decisions about the child’s welfare, the Court considers evidence which concerns each parent and their respective abilities to meet the child’s needs. This information is often highly sensitive. Furthermore, assessments of parents will be completed, which may explore complex issues and highly personal topics.

All parties to care proceedings have a duty not to mislead the Court and therefore parents must be honest during their assessments, often sharing information about themselves or other people which they may not have shared with anyone else.

Do I Have To Disclose All Information?

What happens then in the case of a parent, when say a mother who has experienced domestic abuse from the father of her child, does not want to share certain information with him within the proceedings for fear of her safety?

The court has case management powers to restrict a party’s access to material filed within proceedings. However, this is an ‘exceptional’ course of action and such cases will require the most anxious, rigorous and vigilant scrutiny.

My Right To Privacy

All parties to care proceedings have a right to receive all evidence unless an application is made by any party to prevent disclosure. A violent ex-partner would therefore have a right to all information about the person they had abused and pose a significant risk to. The parent who suffered abuse may file an application to prevent disclosure.

Deciding whether to prevent disclosure requires careful analysis about competing human rights. The Court cannot simply refuse disclosure based upon the parent’s previous abusive acts. A balancing exercise needs to be undertaken and a conclusion reached which is driven by the best interests of the child and their welfare as opposed to what is right for the parents to ensure their safety.

Can An Agreement Be Reached On Disclosure Of Information?

Sometimes a ‘half-way house’ can be reached whereby documents are suitably redacted. The approach can leave a parent upset and wondering how they keep themselves safe. A parent in such a situation does have access to private law orders which can restrict the actions of the violent ex-partner. These orders are however reactive which sometimes do not offer sufficient comfort.

Some parties are not content to limit the disclosure to a parent and instead seek to exclude them from proceedings. The case of LA v XYZ (Restriction on Father’s Role in Proceedings) [2019] EWHC 2166 (Fam) (18 February 2019) is an example of a successful application by a local authority to significantly limit a parent’s role in care proceedings. It is important to note that the decision reached by the Court was driven by the child’s best interests as opposed to the safety of a parent.

In Re M (Children) [2009] EWHC Fam, the father was said to be very violent and involved in drug dealing. The mother made an application to exclude him from the proceedings. The court was persuaded that the risk to the mother and children was real and substantial and that only his exclusion from the proceedings would realistically achieve that end. Exclusion of a parent can only be exercised in highly exceptional circumstances and a very high degree of exceptionality is required.