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Inadequate police disclosure in care proceedings

© Copyright LexisNexis 2024. All rights reserved.
Date:8 AUG 2018
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Family analysis: Following A Local Government v A and others [2018] EWHC 1819 (Fam), a hearing involving the death of a baby in suspicious circumstances, Gemma Taylor QC at 42 Bedford Row and Samantha Bowcock at 15 Winckley Square Chambers, stress the importance of disclosure of relevant material in care proceedings and examine the steps that police and local authorities should take in order to avoid compromising a case.

What are the practical implications of this case?

Inadequate police disclosure has become a growing problem in care proceedings, despite the existence of the 2013 Protocol and Good Practice Model: Disclosure of Information in cases of alleged child abuse and linked criminal and care directions proceedings. In this judgment, Knowles J builds on the suggestions made by Francis J in London Borough of Southwark v US and others [2017] EWHC 3707 (Fam), [2017] All ER (D) 147 (Dec) at para [110]. The President of the Family Division has seen it, and it is proposed that the 2013 Protocol will be re-issued and updated in due course.

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