BCC v FZ & Ors

BCC v FZ & Ors

The court held that public interest immunity applies to all confidential police material in this case, and disclosure to the parents would risk significant harm to the child. The court found that the TVP had made full disclosure to the court and that, at this stage, a blanket ban on disclosure is necessary. However, to protect the parents' rights under Articles 6 and 8, a special advocate should be appointed to represent their interests in future disclosure reviews and at trial if necessary.

Parties
Applicant: BCC; 1st Respondent: FZ; 2nd Respondent: AZ; 3rd Respondent: HZ; 4th Respondent: TVP
Jurisdiction
England and Wales
Judgment Date
03 April 2012
Procedural Posture
Care Proceedings / Interlocutory Application Regarding Non Disclosure and Public Interest Immunity
Outcome
Application for non-disclosure and public interest immunity granted; special advocate to be appointed.
Legal Topics
Care Proceedings, Disclosure, Public Interest Immunity (pii), Special Advocates, Children Act 1989, Human Rights (article 6 and 8)
Family Law Child Protection Public Law Care Proceedings Disclosure Public Interest Immunity (pii) Special Advocates Children Act 1989 +1 more

Case Brief

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Parties

BCC

Applicant

FZ

1st Respondent

AZ

2nd Respondent

HZ

3rd Respondent

TVP

4th Respondent

Procedural Posture

Care Proceedings / Interlocutory Application Regarding Non Disclosure and Public Interest Immunity

Legal Issues

  1. 1 Whether confidential police material should be disclosed to parents in care proceedings
  2. 2 Whether public interest immunity (PII) applies to the police material
  3. 3 Whether a special advocate should be appointed to represent the parents' interests regarding disclosure

Ratio Decidendi

The court held that public interest immunity applies to all confidential police material in this case, and disclosure to the parents would risk significant harm to the child. The court found that the TVP had made full disclosure to the court and that, at this stage, a blanket ban on disclosure is necessary. However, to protect the parents' rights under Articles 6 and 8, a special advocate should be appointed to represent their interests in future disclosure reviews and at trial if necessary.

Court Disposition

Application for non-disclosure and public interest immunity granted; special advocate to be appointed.

Orders

  • Blanket non-disclosure of all confidential police material to the parents.
  • Attorney General invited to appoint a special advocate to represent the parents' interests.