A (Children), Re

A (Children), Re

The judge correctly applied the Re EC checklist, considered the broad concept of confidentiality, the absence of incriminating material, and the relevance of the documents to the police investigation. There was no error of law and disclosure was inevitable given the circumstances.

Parties
Appellant: Father; 1st Respondent: Commissioner of the Metropolitan Police Service; 2nd Respondent: A London Borough (Local Authority); 3rd Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
25 March 2020
Procedural Posture
Appeal (family/care Proceedings) / Appeal Against Order for Disclosure of Documents to Police
Outcome
Appeal dismissed
Legal Topics
Disclosure of Documents, Care Proceedings, Confidentiality, Self Incrimination, Public Interest
Family Law Criminal Law Civil Procedure Disclosure of Documents Care Proceedings Confidentiality Self Incrimination Public Interest

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Father

Appellant

Commissioner of the Metropolitan Police Service

1st Respondent

A London Borough (Local Authority)

2nd Respondent

Mother

3rd Respondent

Procedural Posture

Appeal (family/care Proceedings) / Appeal Against Order for Disclosure of Documents to Police

Legal Issues

  1. 1 Whether the judge erred in law in ordering disclosure of documents from care proceedings to the police
  2. 2 Whether the judge failed to properly consider confidentiality and self-incrimination

Ratio Decidendi

The judge correctly applied the Re EC checklist, considered the broad concept of confidentiality, the absence of incriminating material, and the relevance of the documents to the police investigation. There was no error of law and disclosure was inevitable given the circumstances.

Court Disposition

Appeal dismissed

Orders

  • Order for disclosure of the specified documents to the police stands