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CONTACT: SM v Sutton [2011] EWHC 3465 (Admin)

Date:20 JAN 2012

(Queen's Bench Division; Wyn Williams J; 21 December 2011)

Ongoing proceedings where the local authority sought a supervision order of the mother's two children and private law proceedings involving the children's father regarding contact. The mother sought access to all the files held by the local authority concerning her children. The local authority disclosed two files containing electronically stored case notes and various assessments. The local authority accepted that certain information had been withheld from the mother which consisted of information disclosed by third parties about the mother's husband. The mother sought disclosure under the Data Protection Act 1998. The judge ordered disclosure but subsequently withdrew it following submissions from the local authority. The mother sought an appeal but instead the judge ordered the local authority submissions to be disclosed to the mother. The local authority sought consent from the mother's husband to disclose the information to the mother but he refused. Proceedings transferred to the county court dealing with the private and public law proceedings.