Court Report: Appeal to disclose child's identity

Case name RE A (Sexual Abuse: Disclosure)
Case number [2012] UKSC 60
Judge Lord Neuberger, president; Lady Hale; Lord Clarke; Lord Wilson; Lord Reed
Location Supreme Court

A 10-year-old child (C) had “staying” contact with her father (F) twice a year in Australia where he lived. F was accused of historic sexual abuse by a young girl (Y). The local authority responded by advising the mother (M) to forbid contact until the allegations had been resolved. Y requested that her identity remain anonymous.

M applied to vary C’s contact arrangements with F so that they would be shorter as well as supervised. During the course of these proceedings, the question of disclosure arose. The High Court ordered that Y’s identity be kept secret in order to protect her wellbeing.

C, represented by a children’s guardian, appealed to the Court of Appeal for Y’s identity to be disclosed. The appeal raised issues under the European Convention of Human Rights (ECHR). The Court of Appeal held in favour of disclosure.

The decision was appealed to the Supreme Court. The Supreme Court appreciated Y’s right to be free from degrading treatment and to private life under ECHR Articles 3 and 8 respectively. Expert evidence allowed for the conclusion that the high threshold for breach of Article 3 would not, however, be met by disclosure. As for Article 8, F’s Article 6 right to a fair trial was sufficient justification for restricting Y’s right to private life. The appeal was dismissed and the disclosure order upheld.