The First Q v Q decision – K and H (Children: Unrepresented Father: Cross-Examination of Child) [2015] EWFC 1

Please read the judgment handed down 5.1.15 by His Honour Judge Bellamy, sitting as a Deputy High Court Judge, in the above case.

This is the first such reported case following Q v Q.

The subject child alleged sexual abuse by Father. It had been already decided that she should give evidence. Father did not wish to cross-examine the subject child himself but sought to challenge her allegations.

Father represented himself, but had a disposable income just outside of the LASPO limits and so outside of the scope of the Legal Aid Agency exceptional circumstances provisions. He could not afford to pay for private representation.

His Honour considered detailed argument, legislative provisions and case law before coming to the view that was a case that required that HMCTS should be directed to pay for an advocate to put Father’s case and meet the court’s duty to ensure Convention compliant hearings pursuant to Section 6(2) of the Human Rights Act 1998.