Case No. Case-No.-CO-5942-2017

[2015] EWHC 1251 (Admin) at [149]:“It is well established that judicial review litigation is not to be conducted in the same way as ordinary civil litigation. This is not only because there are specific provisions in Part 54 of the Civil Procedure Rules 1998 which govern judicial review. More fundamentally, it is because the relationship between a public authority defendant and the court is not the same as that between an ordinary litigant and the court. In particular it had been clear since the decision of the Court of Appeal in R v Lancashire County Council, Ex p Huddleston [1986] 2 All ER 941 that a public authority defendant in judicial review proceedings had a duty of candour and co-operation so as to assist the court in understanding its decision-making process and to deal with the issues fairly. It had to conduct the litigation with its cards face upwards. That was based on the concept that it acted in the public interest, and not merely to protect a private, commercial interest.”14.I do not consider that the Council properly discharged its duty in this case and this is of particular concern given the nature of the claim and the vulnerable status of the Claimant. I cannot emphasise strongly enough the importance of the duty of candour in the case of vulnerable children and young people and that the local authorities charged with these duties should have in place procedures to ensure that that they do not fall into similar errors such as those made by Brent Council in this case - which included the lack of access by the legal department to the social services records relied on by Tracey Low until almost 4 months after her witness statement was filed.15.The Court’s overriding concern is to ensure that the interests of children and young persons have been properly protected and the question of inconvenience and costs to the authorities concerned in reporting and accounting for their decisions and actions cannot be permitted to take precedence or to provide an excuse for a failure to comply. It is the responsibility of the lawyers involved in such cases to ensure that all those involved in the authority are aware of the duty of candour and comply with it.