(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.
