G v B [2010] EWHC 2630 (Fam) (25 October 2010)
CAFCASS was correct not to disclose the draft report as it contained information outside the scope permitted by the CAFCASS-ACPO Disclosure Protocol and Data Protection Act 1998. The misunderstanding arose from lack of clarity in communication, not from improper withholding of information.
- Citation
- [2010] EWHC 2630 (Fam)
- Parties
- Applicant: G; Respondent: B
- Jurisdiction
- England and Wales
- Judgment Date
- 25 October 2010
- Procedural Posture
- Children Act 1989 Private Law Proceedings / Interlocutory Application Regarding Disclosure of CAFCASS Report
- Outcome
- Application resolved by agreement; no adjudication required.
- Legal Topics
- Disclosure of Evidence, CAFCASS Safeguarding Reports, Data Protection in Family Proceedings
Case Brief
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Parties
G
Applicant
B
Respondent
Procedural Posture
Children Act 1989 Private Law Proceedings / Interlocutory Application Regarding Disclosure of CAFCASS Report
Legal Issues
- 1 Whether a draft CAFCASS risk assessment report should be disclosed to the court and parties
- 2 Whether the court and parties should be informed of substantive changes to CAFCASS reports and the process for such disclosure
Ratio Decidendi
CAFCASS was correct not to disclose the draft report as it contained information outside the scope permitted by the CAFCASS-ACPO Disclosure Protocol and Data Protection Act 1998. The misunderstanding arose from lack of clarity in communication, not from improper withholding of information.
Court Disposition
Application resolved by agreement; no adjudication required.
Orders
- Case returned to County Court for continuation under agreed terms.
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