Failure to disclose evidence in care proceedings

In re L (children) [2006] All ER (D) 121 (Aug)

The parents of the two children had low IQs. In 2003 they permitted a known sexual offender to stay in the house who committed a sexual assault on one of the children. The offender was convicted and sentenced to 10 years’ imprisonment and the local authority provided ‘keep safe’ workers for a year. Thereafter, the local authority withdrew the extra workers and closed the file on the basis that the child was no longer at risk. Following complaints that the father was whipping both children with belts, they were removed into temporary foster care. Subsequently, the local authority was of the view that there was no substance to the allegation that the father had hit the children, but it reformulated the case, contending that due to the disabilities of the parents, the children had been exposed to harm and neglect and referred to the earlier abuse of the child. It relied on a report by a psychiatrist who had interviewed the children and others associated with them, but had not produced to the parents the notes of her interviews and other material on which she had relied.