W (Minors) [1998] EWCA Civ 553 (26 March 1998)

W (Minors) [1998] EWCA Civ 553 (26 March 1998)

Rule 4.23 of the Family Proceedings Rules 1991 applies only to documents actually filed with and held by the court; preparatory notes and working papers held by social workers are not covered and may be disclosed to the police without leave of the court. The assessment report, being filed with the court, requires leave for disclosure, which should be granted in the public interest for the police investigation. The lower court's exercise of discretion was flawed for failing to give sufficient weight to the public interest in prosecuting serious crime and inter-agency cooperation.

Citation
[1998] EWCA Civ 553
Parties
Appellant: Mother; Fourth Respondent/cross Appellant: Chief Constable (Police); Respondent (neutral): Local Authority; First Respondent: Father; Third Respondents: Maternal Grandparents
Jurisdiction
England and Wales
Judgment Date
26 March 1998
Procedural Posture
Appeal and Cross Appeal (family Law Disclosure) / Court of Appeal (civil Division) Judgment on Appeal From Leeds County Court
Outcome
Appeal dismissed; cross appeal allowed
Legal Topics
Disclosure of Documents, Confidentiality, Public Interest Immunity, Inter Agency Cooperation, Children Act Proceedings
Family Law Criminal Law Child Protection Disclosure of Documents Confidentiality Public Interest Immunity Inter Agency Cooperation Children Act Proceedings

Case Brief

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Parties

Mother

Appellant

Chief Constable (Police)

Fourth Respondent/cross Appellant

Local Authority

Respondent (neutral)

Father

First Respondent

Maternal Grandparents

Third Respondents

Procedural Posture

Appeal and Cross Appeal (family Law Disclosure) / Court of Appeal (civil Division) Judgment on Appeal From Leeds County Court

Legal Issues

  1. 1 Scope of rule 4.23 of the Family Proceedings Rules 1991 regarding disclosure of documents
  2. 2 Status and confidentiality of documents not filed with the court
  3. 3 Exercise of judicial discretion in granting leave to disclose documents to police

Ratio Decidendi

Rule 4.23 of the Family Proceedings Rules 1991 applies only to documents actually filed with and held by the court; preparatory notes and working papers held by social workers are not covered and may be disclosed to the police without leave of the court. The assessment report, being filed with the court, requires leave for disclosure, which should be granted in the public interest for the police investigation. The lower court's exercise of discretion was flawed for failing to give sufficient weight to the public interest in prosecuting serious crime and inter-agency cooperation.

Court Disposition

Appeal dismissed; cross appeal allowed

Orders

  • Leave granted to disclose the assessment report to the police
  • No order as to costs, save legal aid taxation to include costs reasonably incurred by the Guardian ad Litem