Reading Borough Council v Miss Angela D & Ors [2006] EWHC 1465 (Fam) (20 June 2006)

Reading Borough Council v Miss Angela D & Ors [2006] EWHC 1465 (Fam) (20 June 2006)

Police officers serving in a child protection unit may use information from documents disclosed by a local authority for both child protection and criminal investigation purposes, but use of the actual documents in criminal proceedings requires the court's permission. The 2005 Rules distinguish between information and documents; information may be shared, but documents filed with the court remain under court control. Partial waiver of legal privilege does not amount to total waiver.

Citation
[2006] EWHC 1465 (Fam)
Parties
Applicant: Reading Borough Council; First Respondent: Miss Angela D; Second Respondent: Gary G; Third Respondent: Shannon D, Callum D, Kaydon D (Minors) (through the Children's Guardian – Melanie B); Intervener: The Chief Constable of Thames Valley Police
Jurisdiction
England and Wales
Judgment Date
20 June 2006
Procedural Posture
Family Law – Care Proceedings / Application by Police for Leave to Use Documents From Care Proceedings
Outcome
Application granted
Legal Topics
Disclosure of Documents, Confidentiality in Family Proceedings, Use of Family Court Documents in Criminal Investigations, Legal Professional Privilege, Public Interest Immunity
Family Law Child Protection Criminal Law Disclosure of Documents Confidentiality in Family Proceedings Use of Family Court Documents in Criminal Investigations Legal Professional Privilege Public Interest Immunity

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Parties

Reading Borough Council

Applicant

Miss Angela D

First Respondent

Gary G

Second Respondent

Shannon D, Callum D, Kaydon D (Minors) (through the Children's Guardian – Melanie B)

Third Respondent

The Chief Constable of Thames Valley Police

Intervener

Procedural Posture

Family Law – Care Proceedings / Application by Police for Leave to Use Documents From Care Proceedings

Legal Issues

  1. 1 Whether police may use documents from family care proceedings for criminal investigation and child protection purposes without court's permission under the Family Proceedings (Amendment No 4) Rules 2005
  2. 2 Distinction between use of information and use of documents from family proceedings
  3. 3 Scope of legal professional privilege in disclosed documents

Ratio Decidendi

Police officers serving in a child protection unit may use information from documents disclosed by a local authority for both child protection and criminal investigation purposes, but use of the actual documents in criminal proceedings requires the court's permission. The 2005 Rules distinguish between information and documents; information may be shared, but documents filed with the court remain under court control. Partial waiver of legal privilege does not amount to total waiver.

Court Disposition

Application granted

Orders

  • Permission granted for the police to use the documents disclosed for both child protection and criminal investigation purposes.
  • Clarification that information from such documents may be used without further leave, but use of the documents themselves in criminal proceedings requires court permission.