Disclosure in public law Children Act proceedings: duties and limitations

Following their webinar, Disclosure: An absolute duty or not?, Gemma Taylor KC and Ann Osborne, have written an article which has been published by LexisNexis Family Law.

The 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.

Read the article - Disclosure in public law Children Act proceedings: duties and limitations.

26th Nov 2024

Gemma Taylor KC MCIArb

Call 1988 | Silk 2018

Ann Osborne

Call 2016 | Admitted as a Solicitor: 2006