Z -v- Y (Family) [2017] JRC 065A (21 April 2017)

Z -v- Y (Family) [2017] JRC 065A (21 April 2017)

The Court accepted the Probation Service's submission that Social Enquiry Reports are confidential to the Court and should not be disclosed to the parties in private law proceedings, following the Bailiff's guidance and previous practice.

Citation
[2017] JRC 065A
Parties
Applicant Father: Z; Respondent Mother: Y; Chief Probation Officer, Applicant on Behalf of Probation Service: Mr Brian Heath
Jurisdiction
Jersey
Judgment Date
21 April 2017
Procedural Posture
Family / Application for Disclosure of Social Enquiry Report
Outcome
Application refused
Legal Topics
Disclosure of Social Enquiry Reports, Confidentiality of Court Reports
Family Law Disclosure of Social Enquiry Reports Confidentiality of Court Reports

Case Brief

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Parties

Z

Applicant Father

Y

Respondent Mother

Mr Brian Heath

Chief Probation Officer, Applicant on Behalf of Probation Service

Procedural Posture

Family / Application for Disclosure of Social Enquiry Report

Legal Issues

  1. 1 Whether the Social Enquiry Report (SER) prepared for the applicant father should be disclosed to the parties in family proceedings

Ratio Decidendi

The Court accepted the Probation Service's submission that Social Enquiry Reports are confidential to the Court and should not be disclosed to the parties in private law proceedings, following the Bailiff's guidance and previous practice.

Court Disposition

Application refused

Orders

  • Jersey Probation and After Care Service is not required to provide a copy of the father's Social Enquiry Report to the father and mother in these proceedings.