Strand, London, WC2A 2LL
B e f o r e :
| The London Borough of Tower Hamlets
|- and -
|C (a child by his guardian ad litem)
Sarah Morgan QC and Steven Ashworth (instructed by Director of Law and Governance, LB Tower Hamlets) for the Applicant
Alex Verdan QC and Chris Barnes (instructed by FMW Law) for the mother
Mark Twomey QC and Kieran Pugh (instructed by Warrens Family Law) for the father
Tim Parker (instructed by Gary Jacobs and Co.,) for the Children's Guardian
Marina Wheeler QC and Melanie Cumberland for the Secretary of State for the Home Department
Hearing date: 15 March 2017
Crown Copyright ©
Mrs Justice Pauffley:
Events since the December hearing
Discussion of procedural steps
Potential for conflict
The SSHD's claim for PII
The three steps involved in making a PII claim – R v. Chief Constable of the West Midlands Police, ex parte Wiley  1 AC 274
Positions of the parties
2. Would disclosure damage the public interest?
3. The Wiley balance – factors for and against disclosure
Other available evidence
Responses to Mr Twomey's explicit questions
Ultimate conclusion in relation to PII
Nature of the material – future progress of litigation
The President's Guidance – might the process have been different?
Paragraph 7 (c) – "the fact that some of the information gathered by the police and other agencies is highly sensitive and such that its disclosure may damage the public interest or even put lives at risk;"
Paragraph 7 (d) "the need to avoid inappropriately wide or inadequately defined requests for disclosure of information or documents by the police of other agencies;"
Paragraph 7 (e) "the need to avoid seeking disclosure from the police or other agencies of information or material which may be subject to PII, or the disclosure of which may compromise ongoing investigations, damage to the public interest or put lives at risk unless the judge is satisfied that such disclosure is 'necessary to enable the court to resolve the proceedings justly …"
Paragraph 7 (g) "the need to consider any PII issues and whether there is a need for a closed hearing or use of a special advocate."