The Weekly Law Reports
[2010] 1 WLR 701
Supreme Court
*In re W (Children) (Family Proceedings: Evidence)
[2010] UKSC 12
2010 March 1,
2;
3
Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Brown of Eaton-under-Heywood, Lord Mance, Lord Kerr of Tonaghmore JJSC
Children— Family proceedings— Evidence— Child alleging sexual abuse by stepfather— Stepfather applying for child to give evidence in care proceedings— Whether presumption against children giving evidence in family proceedings— Whether compatible with Convention rights— Whether requirement to balance competing Convention rights— How balance to be struck— Whether appropriate for child to give evidence— Factors to be considered— Whether same approach applying in private law proceedings between parents—
Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 6, 8