G v B

G v B

CAFCASS was correct not to disclose the draft report as it contained information beyond what was permitted by the ACPO Protocol and Data Protection Act 1998; the misunderstanding arose from lack of proper explanation to the district judge, not from improper withholding of information.

Parties
Applicant: G; Respondent: B
Jurisdiction
England and Wales
Judgment Date
25 October 2010
Procedural Posture
Family / Judgment on Procedural Issue Regarding Disclosure of CAFCASS Report
Outcome
Case remitted to County Court; parties agreed on order.
Legal Topics
Disclosure of Reports, CAFCASS Procedures, Children Act 1989, Data Protection in Family Proceedings
Family Law Child Law Disclosure of Reports CAFCASS Procedures Children Act 1989 Data Protection in Family Proceedings

Case Brief

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Parties

G

Applicant

B

Respondent

Procedural Posture

Family / Judgment on Procedural Issue Regarding Disclosure of CAFCASS Report

Legal Issues

  1. 1 Whether a draft CAFCASS risk assessment report should be disclosed to the court and parties
  2. 2 Whether the court and parties should be informed of substantive changes to CAFCASS reports

Ratio Decidendi

CAFCASS was correct not to disclose the draft report as it contained information beyond what was permitted by the ACPO Protocol and Data Protection Act 1998; the misunderstanding arose from lack of proper explanation to the district judge, not from improper withholding of information.

Court Disposition

Case remitted to County Court; parties agreed on order.

Orders

  • Case to return to County Court for further proceedings as agreed by the parties.