RA v PS (Re Disclosure of Court Children's Officer Report for the Purpose of Criminal Proceedings) [2025] NIFam 8 (23 October 2025)

RA v PS (Re Disclosure of Court Children's Officer Report for the Purpose of Criminal Proceedings) [2025] NIFam 8 (23 October 2025)

The court held that the balance of interests favours limited disclosure of the specified section of the CCO report to the father's legal representatives in the criminal proceedings, as there is real and cogent evidence of a pressing need for disclosure to ensure a fair trial, and the interference with confidentiality and Article 8 rights is necessary and proportionate.

Citation
[2025] NIFam 8
Parties
Applicant: RA; Respondent: PS
Jurisdiction
Northern Ireland
Judgment Date
23 October 2025
Procedural Posture
Application for Leave to Disclose Part of Court Children’s Officer Report for Use in Criminal Proceedings / Judgment on Application for Disclosure
Outcome
Application granted in part
Legal Topics
Disclosure of Documents, Confidentiality in Family Proceedings, Right to Fair Trial, Balancing Article 6 and Article 8 ECHR Rights, Use of Family Court Materials in Criminal Proceedings
Family Law Criminal Law Evidence Disclosure of Documents Confidentiality in Family Proceedings Right to Fair Trial Balancing Article 6 and Article 8 ECHR Rights Use of Family Court Materials in Criminal Proceedings

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Parties

RA

Applicant

PS

Respondent

Procedural Posture

Application for Leave to Disclose Part of Court Children’s Officer Report for Use in Criminal Proceedings / Judgment on Application for Disclosure

Legal Issues

  1. 1 Whether leave should be granted to disclose part of a confidential Court Children’s Officer report from private law family proceedings for use in parallel criminal proceedings
  2. 2 How to balance confidentiality and frankness in family proceedings against the public interest in the administration of justice and the right to a fair trial

Ratio Decidendi

The court held that the balance of interests favours limited disclosure of the specified section of the CCO report to the father's legal representatives in the criminal proceedings, as there is real and cogent evidence of a pressing need for disclosure to ensure a fair trial, and the interference with confidentiality and Article 8 rights is necessary and proportionate.

Court Disposition

Application granted in part

Orders

  • Leave granted for disclosure of the specified paragraph of the CCO report (page 21, from '[the wife] consented to the CCO reviewing her medical records' to 'she felt she needed to be honest') to the father's legal representatives in the criminal case.
  • Permission extends to disclosure to the PPS and the criminal court for purposes associated with the criminal proceedings.