‘Do they have to know about that?’ Human rights considerations and disclosure – By Simon Johnson Published by LexisNexis

In this article published by LexisNexis, Simon Johnson discusses the complex issue of disclosing personal information in public law proceedings under the Children Act 1989, focusing on the Human Rights involved, specifically the right to privacy under Article 8 and the right to a fair trial under Article 6. It explores case law, including significant decisions from the House of Lords and Supreme Court, the Court of Appeal, and the Family Division. The article then highlights the importance of balancing one party’s right to a fair trial with another party’s privacy concerns and the consequences of breaching it. It also explores the relevance of disputed material to court decision-making and the six questions courts should ask themselves when authorising non-disclosure.

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