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Closed material procedures in children proceedings

Date:17 OCT 2016
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Solicitor Advocate

Closed material procedures and family proceedings


In X Y and Z (Disclosure to the Security Service) [2016] EWHC 2400 (Fam) McDonald J considered briefly at the end of his judgment (paras [89] to [95]) the possibility of a third party seeking confidential information in children proceedings by a closed material procedure (‘CMP’. See further Evidence in family proceedings by David Burrows (2016 Family Law) Ch 20). The applicant might be as X Y and Z the security services although application was made there by the police on their behalf. However it could be the police or other enquirer with a legitimate concern in an aspect of the otherwise confidential proceedings (for a short discussion of X Y and Z see Disclosure and confidentiality: a tale of two cases in last week's Family Law News).

Of CMP and children proceedings McDonald J said:

'[89] My decision raises the possibility of the Security Service needing to make an application to this court for permission to disclose the material outside the Service. Whilst such applications are ordinarily straightforward as set...

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