Local Authority v W & Ors

Local Authority v W & Ors

The mother must be informed of the substance of the allegation that a black, male person believed to be a supplier of heroin and crack cocaine was living at her address, but not in the original form that could identify the informant. Disclosure to her legal advisers of all documents generated by the application is permitted, subject to undertakings not to disclose information beyond the essential allegation without court permission. The question of disclosure to other parties is reserved to the circuit judge.

Parties
Applicant: A local authority; 1st Respondent: W (and other children); 2nd Respondent: A Police Authority
Jurisdiction
England and Wales
Judgment Date
11 July 2003
Procedural Posture
Care Proceedings / Interlocutory Application for Directions on Disclosure of Confidential Information
Outcome
Application granted in part; directions issued for disclosure of essential information to mother and her solicitors, with restrictions.
Legal Topics
Disclosure of Confidential Information, Inter Agency Cooperation, Article 6 ECHR, Threshold Criteria Under Section 31 Children Act
Family Law Child Protection Disclosure of Confidential Information Inter Agency Cooperation Article 6 ECHR Threshold Criteria Under Section 31 Children Act

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Parties

A local authority

Applicant

W (and other children)

1st Respondent

A Police Authority

2nd Respondent

Procedural Posture

Care Proceedings / Interlocutory Application for Directions on Disclosure of Confidential Information

Legal Issues

  1. 1 Whether sensitive police information received by a local authority in care proceedings may be disclosed to other parties, particularly the mother
  2. 2 Balancing child protection duties with confidentiality and police operational concerns
  3. 3 Ensuring fair trial rights under Article 6 ECHR

Ratio Decidendi

The mother must be informed of the substance of the allegation that a black, male person believed to be a supplier of heroin and crack cocaine was living at her address, but not in the original form that could identify the informant. Disclosure to her legal advisers of all documents generated by the application is permitted, subject to undertakings not to disclose information beyond the essential allegation without court permission. The question of disclosure to other parties is reserved to the circuit judge.

Court Disposition

Application granted in part; directions issued for disclosure of essential information to mother and her solicitors, with restrictions.

Orders

  • The local authority may disclose to the mother and her solicitors that in April 2003 it received information from the police that a black, male person believed to be a supplier of heroin and crack cocaine was living at her address.
  • The local authority may disclose to the mother's solicitors all documents generated by the applications, provided they undertake not to disclose any part of the information beyond the essential allegation without court permission.