05 APR 2017

Re C (A Child) No 2 [2017] EWHC 692 (Fam)

Re C (A Child) No 2 [2017] EWHC 692 (Fam)

(Family Division, Pauffley J, 31 March 2017)

Practice and procedure – Disclosure – Care proceedings – Father involved in Islamic extremism – SSHD failed to disclose information – Application for public interest immunity

The Secretary of State for the Home Department’s application for public interest immunity was allowed.

Care proceedings were ongoing in relation to the child whose father was alleged to be an Islamic extremist who had travelled to Syria and engaged in terrorism-related activities. The local authority sought and was granted disclosure of information held by the Secretary of State for the Home Department. An attempt to discharge the disclosure order was unsuccessful and the SSHD had failed to comply with the order: Re C (A child) [2016] EWHC 3171 (Fam), [2017] FLW forthcoming. The Secretary of State for the Home Department now applied for public interest immunity.

The judge held a closed hearing so that oral submissions could be made by the Government Legal Department and various issues were explored.

The application was allowed. The protection of national security was the critical issue and outweighed the factors in favour of disclosure. The criteria set out in R v Chief  Constable of the West Midlands Police, ex parte Wiley [1995] 1 AC 274 had been satisfied.

I direct that pursuant to CPR PD 39A para 6.1 copies of this version as handed down may be treated as authentic.
This judgment was delivered in private. The judge has given leave for this version of the judgment to be published on condition that (irrespective of what is contained in the judgment) in any published version of the judgment the anonymity of the children and members of their family must be strictly preserved. All persons, including representatives of the media, must ensure that this condition is strictly complied with. Failure to do so will be a contempt of court.

Case No: ZE16C00518

Neutral Citation Number: [2017] EWHC 692 (Fam)

Royal Courts of Justice
Strand, London, WC2A 2LL

Date: 31/03/2017



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The London Borough of Tower Hamlets

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C (a child by his guardian ad litem)

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Re C (A Child) No. 2 – (Application for Public Interest Immunity)

Sarah Morgan QC and Steven Ashworth (instructed by Director of Law and Governance, LB Tower Hamlets) for the Applicant
Alex Verdan QC and Chris Barnes (instructed by FMW Law) for the mother
 Mark Twomey QC and Kieran Pugh (instructed by Warrens Family Law) for the father
Tim Parker (instructed by Gary Jacobs and Co.,) for the Children’s Guardian
Marina Wheeler QC and Melanie Cumberland for the Secretary of State for the Home Department

Hearing date: 15 March 2017

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Re C (A Child) No 2 [2017] EWHC 692 (Fam).rtf
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