L1 & Anor, Re Care Proceedings

(b) She submitted that the protection afforded by Article 171(2) of the Children Order was not absolute since statements filed in the care proceedings or a transcript of the evidence, although not admissible in evidence against the maker or his spouse as part of the prosecution case, could be used by the police for the purposes of investigation. She drew my attention to Oxfordshire County Council v P (1995) 1 FLR 552. In that case, Ward J said at Page 562, Paragraph (c)

(c) In these circumstances Ms Dinsmore argues that the respondent cannot be afforded a fair trial pursuant to Article 6 of the European Convention of Human Rights in relation to care proceedings as she would feel obliged to decline to answer questions or give evidence in the care proceedings. She drew my attention to Re O and another (Children: Care Proceedings Evidence) The Times 14 th August 2003 where Johnson J said:

(d) Ms Dinsmore argued that the first named respondent is a compellable witness with no right to refuse to give evidence or refuse to answer questions which might incriminate her. In Re Y and K (2003) 2 FLR 273 at paragraph 34 Hale LJ said:

(ii) Article 171 of the 1995 Order protects persons who give evidence in care proceedings from self-incrimination in criminal matters with the exception of perjury. Where relevant, it states as follows:

I share entirely the views of Higgins J who said in South and East Belfast Health and Social Services Trust and DW (unreported Ref HIGF3433 delivered 5 June 2001) at page 21: