Our reponses to consultation papers
Memorandum
To: Ray Owen
Family Justice Directorate
From: The Rt. Hon. Lord Justice Thorpe
Date: 18 March 2005
DCA Consultation: Disclosure of Information in Family Proceeding Cases Involving Children
1. Although not referred to in the consultation paper I have assumed that the spot light is on Family Proceedings Rules 1991 Rule 4.23. I am in no doubt that this Rule as it stands is too restrictive. This was clearly identified by the appeal in Re: G (Litigants in Person) (2003) EWCA CIV 1055 (2003) 2FLR963. I hold to my views expressed in my judgment on that appeal.
2. The proposals contained in the consultation paper in my judgment travel in the right direction. The groups identified in Annex B and the extent of the relaxation in respect of each group strike me as broadly sensible. However in my judgment one important professional group has been over looked. The paragraph 4 list includes "A telephone help line providing counselling or support." Surely of far greater importance than the telephone help line service are the professions of Counsellors, Therapists, Psychotherapists and Psychoanalysts. If the relatively superficial help line services are to be included in paragraph 4 then, a fortiori, should be individual members of the profession who provide one to one services which are likely to be of much greater profundity and longer duration. Those within these professions may be medically qualified but the majority will not be.
3. By parity of reasoning I would advance from paragraph 5 to 4 the medical professions. Why should a party be able to disclose any documents to a telephone help line but only orders and judgments to a medical professional with whom he is in patient relationship?
4. I am inclined to think that clearer definition may be required of "The lay advice sector" and "Court appointed McKenzie friends". The party may well need to disclose documents in the case to his intended McKenzie friend and may need the aid of the McKenzie friend to mount the application for his appointment. What then are the bounds of the lay advice sector? Are all the well known campaign groups within this definition?
Lord Justice Thorpe Chairman of the Executive Committee of the Family Justice Council.