A LOCAL AUTHORITY v J

A LOCAL AUTHORITY v J

Applications for third party disclosure from HMPPS in care proceedings should follow a structured process, including service on the Government Legal Department, specificity in requests, provision of relevant case information, and avoidance of without notice applications except in emergencies, to balance child protection needs with public interest and security concerns.

Parties
Applicant: A Local Authority; Respondent: J; Respondent: K; Guardian: Children’s Guardian; Respondent to Third Party Disclosure Application: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
24 January 2022
Procedural Posture
Care Proceedings Under Part IV Children Act 1989 / Interlocutory Judgment on Third Party Disclosure Application
Outcome
Guidance issued for future third party disclosure applications; proposals adopted for procedural management.
Legal Topics
Third Party Disclosure, Safeguarding, Radicalisation, Terrorism Offences, Inter Agency Cooperation
Family Law Child Protection Criminal Law Third Party Disclosure Safeguarding Radicalisation Terrorism Offences Inter Agency Cooperation

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Parties

A Local Authority

Applicant

J

Respondent

K

Respondent

Children’s Guardian

Guardian

Secretary of State for Justice

Respondent to Third Party Disclosure Application

Procedural Posture

Care Proceedings Under Part IV Children Act 1989 / Interlocutory Judgment on Third Party Disclosure Application

Legal Issues

  1. 1 Appropriate procedure for third party disclosure orders against HMPPS in care proceedings
  2. 2 Balancing expediency in child protection with public interest and security concerns
  3. 3 Scope and management of disclosure requests in cases involving national security

Ratio Decidendi

Applications for third party disclosure from HMPPS in care proceedings should follow a structured process, including service on the Government Legal Department, specificity in requests, provision of relevant case information, and avoidance of without notice applications except in emergencies, to balance child protection needs with public interest and security concerns.

Court Disposition

Guidance issued for future third party disclosure applications; proposals adopted for procedural management.

Orders

  • Parties seeking third party disclosure from HMPPS must serve applications and orders on the Government Legal Department.
  • Requests must be specific, include relevant case information, and rolling disclosure should be explicitly requested if needed.