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S v SP and CAFCASS [2016] EWHC 3673 (Fam)

Date:4 MAY 2017
Third slide
Law Reporter

(Family Division, Baker J, 9 December 2016)

Contempt – Committal – Disclosure of information relating to proceedings

The committal applications were dismissed.

The father initiated proceedings for alleged contempt of court against Cafcass and a named Cafcass officer. The father was a registered sex offender who was subject to a sex offender prevention order and a protection from harassment order following a conviction for harassment of the mother.

The father claimed that the Cafcass officer had shared information about the proceedings with a police officer. He lodged formal complaints with Cafcass.

It was not accepted that the information shared did not amount to a disclosure of information relating to the proceedings. However, the Cafcass officer had acted within the boundaries of FPR 12.73. The evidence demonstrated that she had acted conscientiously and professionally with a proper focus of the welfare on the children caught up in the dispute.

There was a measure of uncertainty as to how FPR 12.73 operated in these circumstances. The Chief Executive of Cafcass was respectfully invited to consider whether further guidance for Cafcass officers was needed.



IN THE HIGH COURT OF JUSTICE
FAMILY DIVISION                                                                                       TA15P00243
TAUNTON DISTRICT REGISTRY

[2016] EWHC 3673 (Fam)

Civil & Family Justice Centre
2 Redcliffe Street
Bristol


9th December 2016
Before:

MR JUSTICE BAKER


__________________




B e t w e e n:

 S
Applicant

and

SP (1)
THE CHILDREN AND FAMILY COURT ADVISORY AND SUPPORT SERVICE (2)
Respondents

_________________


Transcribed by Cater Walsh Reporting Limited
(Official Court Reporters and Audio Transcribers)
1st Floor, Paddington House, New Road, Kidderminster DY10 1AL
Tel. 01562 60921: Fax 01562 743235: info@caterwalsh.co.uk
____________________


The Applicant did not attend and was not represented
Melissa Barlow instructed by Daniells Family Law appeared on behalf of the Respondents
_______________¬¬¬¬¬¬¬¬_____


JUDGMENT
(Approved)


The Judge hereby gives leave for this judgment to be reported on the strict understanding that in any report no person other than the advocates or the solicitors instructing them may be identified by name or location. In particular the anonymity of the children and the adult members of their family must be strictly preserved.

S v SP and CAFCASS [2016] EWHC 3673 (Fam).doc


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