Key Facts
- •Public law proceedings concerning four children.
- •Mother (M) barred from court due to a risk assessment under the HMCTS Protocol for Managing Potentially Violent People (PVP Protocol).
- •M brought a knife into the courthouse on a day she had no scheduled hearing.
- •M's history of drug misuse, mental health instability, and borderline personality disorder.
- •M's proposed remote attendance is unfeasible due to unsuitable accommodation and lawyers' risk assessment.
- •All parties acknowledge the risk posed by M but also the need for her participation in the proceedings.
Legal Principles
Access to justice is a fundamental right under common law and Article 6 of the European Convention on Human Rights.
Common law and Article 6 ECHR
Courts have the power to manage cases actively, including barring individuals from court buildings under FPR 2010 r27.3.
FPR 2010 r27.3
The court must balance the need to protect court users from potentially violent individuals with the right of access to justice.
Case law and inherent judicial powers
In cases involving parental rights and the removal of children, the court must give particular attention to ensuring a parent's ability to participate effectively.
Re S-W [2015] EWCA Civ 27
Outcomes
M is permitted to enter the court building for hearings under specific security arrangements.
To balance M's right to access justice with the need to ensure the safety of court users.
Specific security measures were agreed upon to manage the risk posed by M.
To facilitate M's participation while protecting the safety and security of the court.
The court will not order disclosure of the Court Service's risk assessment.
Such assessments are internal and not for public consumption.