Exclusion Of McKenzie Friend

12 Jul

The McF has been far too involved and familiar with the Children’s Services involved, which raises issues as to the impartiality of that evidence and whether it can be relied upon

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In H (Children : exclusion of Mackenzie friend) [2017] EWFC B31 (05 March 2017)

HER HONOUR JUDGE CAROL ATKINSON refused permission to appeal against the exclusion imposed by the District Judge, approving the reasons given:-

    “Finally she concludes that..

“The McF has been far too involved and familiar with the Children’s Services involved, which raises issues as to the impartiality of that evidence and whether it can be relied upon….” 

Later..

“I do find that the involvement by Maxim Legal with the Children’s Services is unreasonable in nature…It has resulted in a proliferation of paperwork, not all of which is at all justified….I am not satisfied …..that Maxim Legal fully understand the duties of confidentiality and disclosure, particularly within Children Act proceedings and particularly within the context of these proceedings….For all of those reasons and with careful consideration, I exercise my discretion pursuant to the guidance to disallow Maxim Legal Ltd and Marcus Bright from being a McF to M in this case.”

 

Cite as: [2017] EWFC B31

URL: http://www.bailii.org/ew/cases/EWFC/OJ/2017/B31.html

 

Hugh Merry

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