Cheshire County Council v C
| Jurisdiction | England & Wales |
| Judgment Date | 1995 |
| Date | 1995 |
| Year | 1995 |
| Court | Family Division |
DOUGLAS BROWN, J
Evidence – care proceedings in England – related criminal proceedings in Scotland – guardian ad litem seeking information from Scottish prosecuting authorities – Scottish law preventing disclosure – practice to be followed.
A boy aged 13 had been sexually abused by the cohabitee of one of his sisters. That man had been convicted in Scotland of offences including indecency with the boy and was serving a sentence of imprisonment. There were also pending proceedings in Scotland against the boy's step-father who was accused of sexual offences against another sister (aged 14) of the boy. The family had been living Scotland but had recently moved to Cheshire. The local authority commenced care proceedings in respect of the boy. The guardian ad litem sought information from the Scottish prosecution authorities. However, the Procurator Fiscal stated that he was prevented under Scottish law from complying with the request.
An application was made to the court for directions.
Held – The position in Scotland was that the entire prosecution file was at all stages absolutely confidential, and this was why the Procurator Fiscal felt obliged to refuse assistance to the guardian ad litem. This refusal could place a serious impediment in the path of an officer appointed by the court whose task was to safeguard the interests of the child. However, a protocol operated within the Scottish Crown Office for the disclosure of certain parts of criminal cases to the court officers known as reporters to the children's panel. The reporter was broadly equivalent to the guardian ad litem. In these circumstances it was to be hoped that when the Official Solicitor or a guardian ad litem sought assistance, those addressed in Scotland would do their best to comply with reasonable requests which did not completely conflict with public interest considerations.
Statutory provisions referred to:Children Act 1989, ss 41 and 42.
Supreme Court Act 1981, s 26.
Cases referred to in judgment:Higgins and Higgins v Her Majesty's Advocate [1990] SCCR 268.
M and K (Child Abuse: Video Evidence), Re[1996] 1 FCR 261.
R v Ward [1993] 1 WLR 619; [1993] 2 All ER 577.
Margaret de Haas for the local authority.
Jonathan Taylor for the mother.
Stella Massey for the second respondent.
Maureen Roddy for the guardian ad litem.
Stephen Bedford for the Official Solicitor.
MR JUSTICE DOUGLAS BROWN.I have before me for directions a matter in which the local authority apply for a care order under s 31 of the Children Act 1989 in respect of a 13-year-old boy, L, born on 4 November 1981. He now lives in Cheshire but has been living in Scotland until recently.
The hearing of the application is fixed at the beginning of October 1995 with an estimated length of hearing of three days before His Honour Judge Lord Elystan-Morgan at the Warrington county court. The case has recently been transferred to the High Court, primarily because of difficulties which have arisen...
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