ABSTRACT

The fact that there are criminal proceedings is not necessarily a reason to adjourn the care proceedings, nor can a party get out of giving evidence for fear of self-incrimination. Only evidence concerning child abduction is protected and then only in respect of statements made outside court. The court has to consider whether it is in the interests of the child for the Children Act case to be delayed. One of the factors to be taken into account is the effect on the parent’s ability to participate in the care proceedings (both in terms of giving evidence and in terms of the effect on the care proceedings if the parent were to get a custodial sentence) but it is not determinative. It will be important to look at the interrelationship between the criminal charge and the allegations on which the local authority case is based. If the criminal charge is murder, the care proceedings are highly likely to be adjourned. There are a number of reported decisions to which reference should be made, including Re TB (Care Proceedings: Criminal Trial) [1995] 2 FLR 801.