X Children, Re

Factual and Procedural Background

The judgment concerns care proceedings involving four children, referred to as A, B, C, and D. The Defendant, who is the father of the children and divorced from Mrs X, was charged with serious offences of incest involving his daughter B, resulting in the birth of child D. The Defendant was arrested and charged with offences under sections 25(1) and (6) of the Sexual Offences Act 2003, relating to sexual intercourse with B when she was aged 12 and 13.

The care proceedings for children A, B, and C were ongoing, with proceedings for D having ended previously. During these proceedings, disclosure issues arose, including whether certain documents ("the Delphic material") should be disclosed to the Defendant and his legal team. The court ruled against such disclosure.

The Defendant was compelled to give evidence during the care proceedings, despite his attempts to withdraw and refuse to testify. He was cross-examined by counsel for the local authority and Mrs X. His evidence was found to be evasive and untruthful in large measure, with the court concluding that his admissions did not reflect the full extent of his abuse. The threshold criteria document, agreed between Mrs X and the local authority, detailed the nature and impact of the Defendant's abuse on B and the family.

Applications were made by Mrs X and the local authority seeking leave to disclose parts of the Defendant's evidence and related documents for use in criminal proceedings, to the Criminal Injuries Compensation Authority (CICA), and to local authority adult services for the future care of B. The Defendant opposed some of these applications, citing privacy and confidentiality concerns.

The hearing of these applications took place by video link, with counsel for all parties presenting skeleton arguments and oral submissions. The court subsequently made orders permitting the disclosure sought by Mrs X and the local authority.

Legal Issues Presented

1. Whether disclosure of the Defendant's evidence and related documents from the family care proceedings should be permitted for use in the criminal proceedings against the Defendant.
2. Whether specified documents from the family proceedings should be disclosed to the Criminal Injuries Compensation Authority to support a compensation claim on behalf of B.
3. Whether case papers relating to B should be disclosed to the local authority's adult services to assist in her future care and support.
4. How the statutory framework under section 98 of the Children Act 1989 and principles from relevant case law apply to the disclosure of family court materials in criminal and other contexts.

Arguments of the Parties

Mrs X's Arguments

• Mrs X wishes to complete a victim impact statement for the Crown Court and requires disclosure of the Defendant’s evidence and parts of the threshold criteria document to do so comprehensively.
• The sexual abuse of B is central to the care proceedings and has had devastating, long-lasting effects on the family.
• It is in the interests of the children that the Defendant receives a fair and just sentence based on a full understanding of the impact of his actions.
• The disclosure sought is justified despite privacy concerns, as protective injunctions remain in place to safeguard the children’s identities and welfare.
• The Defendant’s claim to privacy and confidentiality is described as a cynical attempt to avoid responsibility.

Local Authority's Arguments

• The charge against the Defendant is based only on DNA evidence, and the Defendant has effectively silenced B and declined to answer police questions.
• The Defendant’s evidence in the family proceedings reveals a more serious pattern of abuse than the criminal charge reflects.
• There is a strong public interest in ensuring the Defendant is properly prosecuted and sentenced according to the full extent of his criminality.
• Disclosure to the Crown Court is necessary to prevent miscarriage of justice and to assist in just sentencing.
• Privacy protections and injunctions will safeguard the confidentiality of family proceedings despite disclosure.
• The Defendant’s cooperation, or lack thereof, with the family court is a relevant consideration supporting disclosure.

B's Guardian's Arguments

• Supports the applications for disclosure to ensure the victim impact statement fully reflects the impact of the Defendant’s abuse.
• Emphasizes the importance of accurate and complete information being available to the criminal court for sentencing.
• Considers disclosure to adult services essential for planning B’s future care and support.

Defendant's Arguments

• Opposes disclosure on grounds of privacy and confidentiality of family proceedings, invoking rights under Article 8.
• Claims that being compelled to give evidence under threat of contempt makes disclosure unfair and an improper use of family proceedings as a platform for criminal proceedings.
• Argues that disclosure applications should normally be initiated by the police or Crown Prosecution Service, not by parties who compelled his evidence.
• Seeks to limit disclosure to what is "absolutely necessary" or "strictly necessary," particularly regarding disclosure to the CICA.

Table of Precedents Cited

Court's Reasoning and Analysis

The court began by outlining the factual background and the serious nature of the Defendant's offences, emphasizing the gravity of the abuse and its impact on B and the family. It reaffirmed the legal framework governing disclosure from family proceedings, particularly the statutory provisions under section 98 of the Children Act 1989, which balance the compellability of witnesses with protections against use of statements "in evidence" in criminal proceedings.

The court carefully considered the competing interests: the Defendant’s rights to privacy and confidentiality under Article 8, against the public interest in ensuring the Defendant is properly prosecuted and sentenced based on an accurate understanding of the facts, and the welfare interests of the children involved.

The court found that compelling reasons supported disclosure of the Defendant's evidence and parts of the threshold criteria document for use in the criminal proceedings. It noted that the Defendant had been compelled to give evidence and had not cooperated fully or honestly, which weighed in favor of disclosure. The court rejected the Defendant’s attempts to use privacy or confidentiality as a shield to avoid responsibility.

Disclosure to the Criminal Injuries Compensation Authority and to adult services was also found to be clearly in B’s best interests, facilitating proper compensation and future care planning. The court emphasized that protective orders and statutory provisions would continue to safeguard confidentiality and privacy despite disclosure.

In summary, the court applied a balancing exercise, taking into account established legal principles and precedents, and concluded that the interests of justice and welfare of the children outweighed the Defendant’s privacy claims.

Holding and Implications

The court granted the applications for disclosure sought by Mrs X and the local authority. Specifically, it ordered:

• Disclosure of the transcript of the Defendant's evidence and specified parts of the threshold criteria document for use in the criminal proceedings.
• Disclosure of relevant documents to the Criminal Injuries Compensation Authority to assist in determining B’s compensation claim.
• Disclosure of relevant case papers to the local authority’s adult services to support B’s ongoing care and therapy.

The orders were made subject to existing injunctions and statutory protections to maintain confidentiality and privacy where appropriate.

The direct effect of this decision was to enable the Crown Court to have access to comprehensive and accurate information regarding the Defendant’s conduct and its impact on the victims, thereby facilitating a fair and just sentencing process. No new legal precedent was established; rather, the court applied and reinforced existing principles governing disclosure and the interplay between family and criminal proceedings.