H (Children)

H (Children)

The judge's balancing exercise was flawed because he was not referred to the relevant amendments to the Family Proceedings Rules, which permit wider disclosure to the police without leave in certain circumstances. Awareness of the current rules would have influenced the balancing exercise. The matter must be remitted for reconsideration under the correct legal framework.

Parties
Appellant: Chief Constable of Sussex; 1st Respondent: West Sussex County Council (father)
Jurisdiction
England and Wales
Judgment Date
23 June 2009
Procedural Posture
Appeal (disclosure in Care Proceedings) / Appeal From County Court Decision Refusing Disclosure; Remitted for Reconsideration
Outcome
Appeal allowed; matter remitted for reconsideration under correct rules
Legal Topics
Disclosure of Documents, Care Proceedings, Children Act 1989, Confidentiality, Criminal Investigation, Balancing Exercise
Family Law Criminal Law Civil Procedure Disclosure of Documents Care Proceedings Children Act 1989 Confidentiality Criminal Investigation +1 more

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Parties

Chief Constable of Sussex

Appellant

West Sussex County Council (father)

1st Respondent

Procedural Posture

Appeal (disclosure in Care Proceedings) / Appeal From County Court Decision Refusing Disclosure; Remitted for Reconsideration

Legal Issues

  1. 1 Whether the County Court judge erred in refusing disclosure of documents from care proceedings to the police for criminal investigation purposes
  2. 2 Whether the judge failed to consider the correct Family Proceedings Rules regarding disclosure

Ratio Decidendi

The judge's balancing exercise was flawed because he was not referred to the relevant amendments to the Family Proceedings Rules, which permit wider disclosure to the police without leave in certain circumstances. Awareness of the current rules would have influenced the balancing exercise. The matter must be remitted for reconsideration under the correct legal framework.

Court Disposition

Appeal allowed; matter remitted for reconsideration under correct rules

Orders

  • Appeal allowed
  • Application for disclosure to be amended and determined by the County Court under the applicable Family Proceedings Rules