Re. J (A Child: Disclosure) [2012] EWCA Civ 1204 (21.09.2012)

The CA allowed the appeal of a Child’s r.16.4 Guardian against the decision not to disclose the the parents and the Guardian information held by a Local Authority relating to the identity of and allegations of serious sexual abuse made by X against the Father. The CA held that the judge had been correct to weigh up the Art 6, 8 and 3 rights of the parties in circumstances where X’s mental and physical health was at grave risk but that he had erred in considering the issues of disclosure and whether X should be called to give evidence as inextricable. The CA held that disclosure served a purpose of it’s own and should be made to all parties.