Q&As

Where a psychological report has been prepared in private law proceedings under the Children Act 1989 in relation to a live with order, can one party withhold sections of that report and if so, what is the procedure for doing so? Are there any relevant cases on this?

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Published by a LexisNexis Family expert
Published on: 12 April 2022
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The general principle is that parties have the right to know the case against them (Al Rawi v security Service (JUSTICE and others intervening)). However, there can be exceptions to this general rule in cases concerning children as well as in cases concerning adults lacking mental capacity, as per Baroness Hale in Re A (A Child) (Family Proceedings: Disclosure of Information) [2013] 1 FLR 94 ) (not reported by LexisNexis®) (para [18]):

‘Are cases about the future care and upbringing of children any different? The whole purpose of such cases it to protect and promote the welfare of any child or children involved. So there are circumstances in which it is possible for the decision-maker to take into account material which has not been

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means: (a) any legislation, regulation, by-law or subordinate legislation in force from time to time to which a party is subject and/or in any jurisdiction that the Services are provided to or in respect of; (b) the common law and laws of equity as applicable to the parties from time to time; (c) any binding court order, judgment or decree; (d) any applicable industry code, policy or standard; or (e) any applicable direction, policy, rule or order that is binding on a party and that is made or given by any regulatory body having jurisdiction over a party or any of that party’s assets, resources or business;

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