A Local Authority v A Mother & Ors

Ms Alison Moore (instructed by The Local Authority Legal) for the Applicant Mr Philip Newton (instructed by Holden & Co.) for the 1st Respondent (mother) Ms Caroline Topping (instructed by Berry & Berry) for the 2nd Respondent (father) Mr Daniel Kingsley (instructed by Kingsfords) for 'A' the 3rd Respondent (by the Children's Guardian) Hearing dates: 10th June 2009 ____________________

(1) It is a fundamental principle of fairness that a party is entitled to the disclosure of all materials which may be taken into account by the court when reaching a decision adverse to that party�

(2) �the court should first consider whether disclosure of the material would involve a real possibility of significant harm to the child.

(3) If it would, the court should next consider whether the overall interests of the child would benefit from non-disclosure, weighing on the one hand the interest of the child in having the material properly tested, and on the other both the magnitude of the risk that harm will occur and the gravity of the harm if it does occur.

(4) If the court is satisfied that the interests of the child point towards non-disclosure, the next and final step is for the court to weigh that consideration, and its strength in the circumstances of the case, against the interest of the parent or other party in having an opportunity to see and respond to the material. In the latter regard the court should take into account the importance of the material to the issues in the case.