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Disclosure in public law Children Act proceedings: duties and limitations

Date:25 NOV 2024
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Gemma Taylor KC, Barrister, 42BR Barristers

Ann Osborne, Barrister, 42BR Barristers

This article explores disclosure within the sphere of public law Children Act matters. It considers the positive duties of local authorities to disclose all relevant material in their possession which might assist a party to rebut allegations against them and the consequences for local authorities which fail to discharge the duty to disclose.  

Within the article, the exceptional circumstances in which limitations can be declared by the court is also explored. The issue of non-disclosure in a case where there was a fear of so-called ‘honour-based punishment’, domestic violence, serious sexual assaults on a child by the parent are considered.

Finally, the interim measures available to local authorities where a duty to notify foreign authorities of proceedings arises are discussed with reference to case law.

 


 


The full article has published in the November issue of Family Law

 

 

Find out more or request a free 1-week trial of Family Law journal. Please quote: 100482

 

 

 

 


 

Read the full article here.