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Re X, Y and Z (Disclosure to the Security Service) [2016] EWHC 2400 (Fam)
Date:19 OCT 2016
Third slide
Law Reporter

(Family Division, MacDonald J, 6 October 2016)

Publicity and reporting – Disclosure – Fact-finding hearing in relation to father’s Islamic radicalism – Permission to disclose granted to MPS – Whether further disclosure could be made to MI5 – Whether it should be subject to conditions

Permission was granted for disclosure to be made to MI5 subject to certain conditions.

During care proceedings a fact-finding hearing was convened to determine allegations of the father’s involvement in Islamic extremism and terrorism-related activity. After the hearing permission was granted for the local authority to disclose to the Commissioner of Police of the Metropolis some of the relevant information. The MPS now sought permission to disclose that information to the MI5.

No party actively opposed the proposed disclosure but all parties to the care proceedings were in agreement that it should be subject to the same conditions attached to disclosure to the MPS. The MPS submitted that those conditions were not necessary.

Balancing all of the factors including, inter alia, the welfare interests of the child and the public interest in the administration of justice and the prosecution of serious crime and the punishment of offenders, disclosure would be permitted on the condition that the MI5 did not disclose that material outside the confines of its organisation. A copy of the order setting out the conditions would be provided to the Director General of MI5.



Neutral Citation Number: [2016] EWHC 2400 (Fam)

Case No: ZC15C00659
IN THE HIGH COURT OF JUSTICE
FAMILY DIVISION

Royal Courts of Justice
Strand, London, WC2A 2LL

Date: 06/10/2016

Before:

THE HONOURABLE MR JUSTICE MACDONALD

- - - - - - - - - - - - - - - - - - - - -

Between:

The Commissioner of Police of the Metropolis
Applicant

- and –

A Local Authority
First Respondent

- and –

X
Second Respondent

-and-

Y
Intervener

-and-

Z (by his Children’s Guardian)
Fourth Respondent

- - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - -

Mr David Evans QC and Mr Matthew Hill for the Applicant
Mr Ian Griffin and Ms Sarah Haworth for the First Respondent
Ms Louise MacLynn for the Second Respondent
Mr Frank Feehan QC and Ms Fareha Choudhury for the Third Respondent
Mr Cyrus Larizadeh QC for the Fourth Respondent

Hearing dates: 5 September 2016

- - - - - - - - - - - - - - - - - - - - -

Judgment Approved

THE HONOURABLE MR JUSTICE MACDONALD

This judgment was delivered in private. The Judge has given permission for this anonymised version of the judgment (and any of the facts and matters contained in it) to be published on condition always that the names and the addresses of the parties and the children must not be published. For the avoidance of doubt, the strict prohibition on publishing the names and addresses of the parties and the children will continue to apply where that information has been obtained by using the contents of this judgment to discover information already in the public domain. All persons, including representatives of the media, must ensure that these conditions are strictly complied with. Failure to do so will be a contempt of court.

Re X, Y and Z (Disclosure to the Security Service) [2016] EWHC 2400 (Fam).rtf

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