Key Facts
- •Public law proceedings concerning two children where the local authority alleges the mother fabricated medical conditions.
- •The local authority seeks findings against Dr. K, the children's treating consultant paediatrician, alleging manipulation by the mother, inappropriate relationship with the mother, and contributing to delays in diagnosis.
- •Dr. K applies to join the proceedings as a party or intervener.
- •All parties except the mother oppose Dr. K's application.
- •The court considers Dr. K's Article 8 (ECHR) right to a fair trial and her professional reputation.
Legal Principles
Joinder or intervention is a case management decision based on the overriding objective in Part 1 of the Family Procedure Rules 2010.
Part 1 of the Family Procedure Rules 2010
No automatic right to joinder exists for individuals facing allegations; professional witness cases are decided on their merits.
Cumbria CC v T [2021] 1 FLR 1338; Re H [2000] 1 FLR 775
Guidance from Re W [2016] EWCA Civ 1140 regarding adverse findings: Article 8 ECHR rights are engaged, requiring fair process; steps to ensure fairness include putting the case to the witness, providing disclosure, and considering legal representation.
Re W [2016] EWCA Civ 1140
Strong caveat for expert witnesses in proceedings; additional process is rare as they typically have full disclosure and the issues are usually canvassed in cross-examination.
Re W [2016] EWCA Civ 1140
Court decisions are admissible but not binding in GMC proceedings.
R (on application of Squire) v General Medical Council [2015] EWHC 299 (Admin)
Interference with Article 8 rights must be necessary, proportionate, and lawful.
Not explicitly cited but implied throughout the judgment.
Outcomes
Dr. K's application to join the proceedings is refused.
Fairness can be achieved without granting party status or intervention; doing so would cause undue delay; the court has already taken steps to ensure fairness, including access to evidence and legal advice for Dr. K.
The court declines to limit the local authority's findings against Dr. K.
The allegations fall within the parameters of the case and it would be improper to interfere at this stage.