S v SP and CAFCASS

S v SP and CAFCASS

The disclosure by SP to the police was permitted under FPR 12.73(1)(viii) as the police officer was acting in furtherance of child protection; therefore, neither SP nor CAFCASS committed contempt of court.

Parties
Applicant: S; Respondent: SP; Respondent: THE CHILDREN AND FAMILY COURT ADVISORY AND SUPPORT SERVICE (CAFCASS)
Jurisdiction
England and Wales
Judgment Date
09 December 2016
Procedural Posture
Contempt of Court Application / Judgment
Outcome
Application dismissed
Legal Topics
Contempt of Court, Disclosure of Information, Children Act Proceedings, Professional Conduct, Family Procedure Rules
Family Law Child Protection Civil Procedure Contempt of Court Disclosure of Information Children Act Proceedings Professional Conduct Family Procedure Rules

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Parties

S

Applicant

SP

Respondent

THE CHILDREN AND FAMILY COURT ADVISORY AND SUPPORT SERVICE (CAFCASS)

Respondent

Procedural Posture

Contempt of Court Application / Judgment

Legal Issues

  1. 1 Whether SP and CAFCASS committed contempt of court by disclosing information relating to family proceedings to the police without court permission
  2. 2 Whether the disclosure was permitted under Family Procedure Rule 12.73

Ratio Decidendi

The disclosure by SP to the police was permitted under FPR 12.73(1)(viii) as the police officer was acting in furtherance of child protection; therefore, neither SP nor CAFCASS committed contempt of court.

Court Disposition

Application dismissed

Orders

  • Neither SP nor CAFCASS is in contempt of court.
  • S's application is dismissed.