A (Children), Re [2020] EWCA Civ 448 (25 March 2020)

A (Children), Re [2020] EWCA Civ 448 (25 March 2020)

The judge correctly applied the Re EC checklist, considered all relevant factors including confidentiality, public interest, and self-incrimination, and disclosure was inevitable given the circumstances and relevance to the police investigation; no errors of law were made.

Citation
[2020] EWCA Civ 448
Parties
Appellant: Father; 1st Respondent: Commissioner of the Metropolitan Police Service; 2nd Respondent Local Authority: A London Borough; 3rd Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
25 March 2020
Procedural Posture
Appeal / Appeal Against Order for Disclosure of Documents in Care Proceedings
Outcome
Appeal dismissed
Legal Topics
Disclosure of Documents, Confidentiality in Care Proceedings, Self Incrimination, Public Interest, Care Proceedings, Police Investigation
Family Law Criminal Law Child Protection Disclosure of Documents Confidentiality in Care Proceedings Self Incrimination Public Interest Care Proceedings +1 more

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Parties

Father

Appellant

Commissioner of the Metropolitan Police Service

1st Respondent

A London Borough

2nd Respondent Local Authority

Mother

3rd Respondent

Procedural Posture

Appeal / Appeal Against Order for Disclosure of Documents in Care Proceedings

Legal Issues

  1. 1 Whether the judge erred in law by ordering disclosure of documents from care proceedings to the police
  2. 2 Whether confidentiality was properly considered
  3. 3 Whether public interest factors were conflated

Ratio Decidendi

The judge correctly applied the Re EC checklist, considered all relevant factors including confidentiality, public interest, and self-incrimination, and disclosure was inevitable given the circumstances and relevance to the police investigation; no errors of law were made.

Court Disposition

Appeal dismissed

Orders

  • Disclosure of documents in Schedule B to the police upheld