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Disclosure and a protocol: co-operation and care proceedings

Date:27 MAY 2016
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Solicitor Advocate

Police evidence and care proceedings

The story of the (authorised) police bug in the home of parents in care proceedings (see Cumbria County Council v M & Ors [2016] EWFC 27) to try to identify which parent had killed their child prompts thoughts of what the relationship is between family courts police and local authorities when it comes to communication of information about child abuse.

Where care and criminal proceedings are in contemplation are under way or are concluded the procedures for communication of information are governed against the back-drop of the contempt requirements of the Administration of Justice Act 1960 s 12(1)(a) (see below). The provisions which deal specifically with release of information as between courts police and the local authority are:
In the earlier Cumbria County Council v M & Ors [2014] EWFC 18 judgment in respect of the same family as...

Read the full article here.