A (Notification of Father and other Family Members), Re
[2024] EWHC 1747 (Fam)
London Borough of Barking & Dagenham v RM & Ors
9 February 2023
[2023] EWHC 1879 (Fam)
High Court
A mom's secret (she has HIV) is important in a court case about her kids. The judge said the dad has a right to know about the case, but not the secret, until the court hearing.
Key Facts
- •Care proceedings concerning two young children.
- •Mother is HIV positive, a fact unknown to the children's father.
- •Local authority sought disclosure of the mother's HIV status to the father.
- •Mother opposed disclosure; children's guardian initially supported the mother but later highlighted the relevance of the HIV status to the case.
- •Prior appeal overturned a lower court decision, leading to the current hearing.
- •The central issue is whether the father should receive notice of an application to withhold information, specifically the mother's HIV status.
Legal Principles
Principles regarding disclosure of sensitive information in family proceedings.
Re M (Disclosure) [1998] 2 FLR 1028; Re D [1996] AC 593; Re C (Disclosure) [1996] 1 FLR 797
The 'essential' requirement for a party from whom information is withheld to have the opportunity to make representations.
Re C (Disclosure) [1996] 1 FLR 797 (summarized in Re M)
Right to a fair trial under Article 6.
Not explicitly cited, but implied.
Proportionality in balancing the private nature of information against the need for disclosure.
Re P [2006] 2 FLR 50; London Borough of Brent v N & P [2005] EWHC 1676 (Fam)
Outcomes
The father will receive notice of the hearing date but not the substance of the application.
Balancing the mother's concerns with the father's right to a fair trial. The court found that the HIV status is central to the case, unlike in previous cases where it was marginal. The approach allows for the father's representation while mitigating the mother's concerns.
Father's legal team will be informed of the application but not its details.
To allow legal preparation while preserving confidentiality.