Court Report: Disclosure of an abuse assessment

This case concerned the disclosure of an expert report requested as part of care proceedings. The care proceedings concerned A, a 16-year-old girl. A had formed a relationship with AF. A's parents disapproved of this relationship. A number of incidents had taken place that had raised concerns about A's safety within the family home. She had gone missing for three days after she had allegedly been locked in the house by her mother and AF had allegedly been kidnapped by A's brothers. An order was made under the Forced Marriage (Civil Protection) Act 2007 in addition to an interim care order.

An expert undertook an honour-related abuse assessment and this report was disclosed to all of the parties. The expert was then asked to prepare a second report. While preparing this second report the expert had promised confidentiality to A. The expert was concerned that A would be at risk of harm if the second report was disclosed to all of the parties involved.

The court held that the second report should be disclosed in full to all of the parties. Sir Nicholas Wall explained that "disclosure is the rule, not the exception" and that the circumstances would have to be exceptional for disclosure not to take place. In addition, the court held that experts in Children Act cases cannot receive information "in confidence" from anyone and that all relevant information must, ordinarily, be shared with other parties and the court.

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OTHER RECENT DECISIONS

Case name Green v Secretary of State for Works and Pensions
Case number (2010) EWHC 1278

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Case name R (A Child)
Case number (2010) EWCA Civ 1137

www.familylawweek.co.uk/site.aspx?i=ed68567