Court of Appeal dismisses appeal of High Court orders refusing to quash a Child and Family Agency investigation where the subject of the sexual abuse investigation sought to cross examine the complainant during the investigative stage, finding that the application for judicial review was premature because the process had not concluded to permit judicial review to take place.
Judicial review – appeal of High Court orders refusing to quash CFA investigation and restraining the publication of material tending to identify non-professional parties to the proceedings – s. 45 of the Courts (Supplemental Provisions) Act 1961 – complaint of sexual abuse in a non-contact manner by father – whether cross examination should be afforded to the father at the investigation stage – whether the application for judicial review is premature – whether the right to fair procedures of a respondent to a Child and Family Agency child sexual abuse investigation includes the right to cross examination, through counsel, a complainant of full age and capacity who is available but unwilling to attend for that purpose – Child and Family Agency Act 2013 – has the process herein gone irremediably wrong – application for judicial review must fail because it has been made prematurely – appeal allowed.