Reading Borough Council v Miss Angela D & Ors

Reading Borough Council v Miss Angela D & Ors

Police officers serving in a child protection unit may receive and use information from care proceedings for both child protection and criminal investigation purposes without court leave, but use of actual documents filed with the court for criminal proceedings requires court permission; information and documents remain confidential and subject to public interest immunity; legal professional privilege in statements is only waived to the extent of the purpose for which disclosure was made.

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 / Interlocutory Application for Disclosure of Documents to Police
Outcome
Application granted; permission given for police to use the documents for criminal investigation purposes.
Legal Topics
Disclosure of Documents, Use of Confidential Information, Inter Agency Cooperation, Legal Professional Privilege, Public Interest Immunity
Family Law Child Protection Criminal Law Confidentiality Disclosure of Documents Use of Confidential Information Inter Agency Cooperation Legal Professional Privilege +1 more

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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 / Interlocutory Application for Disclosure of Documents to Police

Legal Issues

  1. 1 Whether police may use documents from care proceedings for child protection and/or criminal investigation purposes without court leave 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 Effect of legal professional privilege on disclosure of statements

Ratio Decidendi

Police officers serving in a child protection unit may receive and use information from care proceedings for both child protection and criminal investigation purposes without court leave, but use of actual documents filed with the court for criminal proceedings requires court permission; information and documents remain confidential and subject to public interest immunity; legal professional privilege in statements is only waived to the extent of the purpose for which disclosure was made.

Court Disposition

Application granted; permission given for police to use the documents for criminal investigation purposes.

Orders

  • Permission granted for police to use the five specified documents for criminal investigation purposes.
  • Guidance issued on distinction between use of information and documents, and on procedures for future applications.