Can the Police Obtain Information From my Childcare Proceedings?

Childcare proceedings are confidential, which means the disclosure of information deriving from proceedings is governed by strict rules and protocols. If the Police wish to obtain information from your childcare proceedings, they need to make an application to the Court. They cannot automatically obtain this information.

The Police are allowed to make an application for the disclosure of information in your childcare proceedings for the purposes of obtaining a criminal prosecution. It may be that there is a crucial piece of documentation or evidence that the CPS wish to rely on to bolster their case.

Whether the Court approves such an application will depend on the determination of the key factors set out in the leading case of Re EC (Disclosure of Material) [1996]. These factors include:

1. The welfare and interests of the child concerned in the Care Proceedings. If the child is likely to be affected by an Order for disclosure in a serious way, then this is an important factor;
2. The welfare and interests of other children generally;
3. The issue of maintaining confidentiality in children cases;
4. The importance of encouraging frankness in children cases;
5. The public interest in the administration of justice;
6. The public interest in the prosecution of serious crime and punishment of offenders including the public interest in convicting those have been guilty of violent or sexual offences against children. There is a strong public interest in making available material to the police which is relevant to a criminal trial and in many cases this will be an important factor.
7. The seriousness of the offence alleged and relevance of the evidence. If the evidence has little or no relevance on the investigation or the trial, then it is unlikely that the Court will approve a Disclosure Order;
8. The desirability of co-operation between the agencies concerned with the welfare of the child concerned including the social services departments, the police service, medical practitioners, health visitors and school and,
9. Any other material disclosure which has already taken place.

The Court must consider each factor and apply them to the facts of the case. Since the case of Re EC (Disclosure of Material) [1996], the Courts have tended to approve the disclosure of information to the police. The CPS must disclose all information they receive from the police to the Defence in the criminal case and comply with the disclosure rules set out in the Criminal Procedure and Investigations Act 1996 to use material in evidence at the criminal proceedings.

How can Johnson Astills Help?

If the Local Authority has issued care proceedings in relation to your children, then we may be able to help. Please contact  Johnson Astills at either our Leicester Office on 0116 255 4855 or our Loughborough Office on 01509 610 312 and ask for a member of the Care Team so that we can advise you accordingly. Alternatively, please email us on careteam@johnsonastills.com and a member of our team will be happy to assist you.