Essential Protocols
| Author | Gillian Geddes/Richard Budworth |
| Pages | 219-245 |
2013 PROTOCOL AND GOOD PRACTICE MODEL
Disclosure of information in cases of alleged child abuse and linked criminal and care directions hearings
October 2013
[For brevity, Contents list, Sections 1–3 (Parties, Scope, Aims and Objectives), Annexes A–G, and list of signatories of Protocol omitted. The full Protocol can be accessed at http://flba.co.uk/wp-content/uploads/2013/06/2013-protocol-and-good-practice-model-final.pdf]
Part A: Disclosure into the Family Justice System
4. Local authority request to the police for disclosure
4.1. As soon as reasonably practicable and in any event on issue of proceedings, the Local Authority will provide notice to the police of the contemplation or existence of Family Proceedings using the form at Annex D to this agreement. The form at Annex D also acts as a request for disclosure from the police (to include a reasonable timescale not exceeding 14 days for the disclosure of the material). The form at Annex D will be sent to the police single point of contact (SPOC) attached at Annex A; (see paragraph 19.2 below).
4.2. Where criminal proceedings have been commenced (or are contemplated), the police will immediately forward a copy of the form at Annex D to the CPS. The CPS will give due priority to making charging decisions in cases involving Family Court Proceedings.
4.3. Where the information or documents sought does not relate to a child abuse investigation, the police SPOC will forward the form at Annex D to the unit or units holding the information or documents and will take responsibility for liaison with those units and to ensure the provision of information to the Local Authority.
220 The Single Family Court: A Practitioner’s Handbook
4.4. It is to be understood by all Parties that the 2013 protocol should be used proportionately and is designed to facilitate only requests for material held by the police relevant to the central issues in the case. Requests for disclosure should not be drawn any wider than is absolutely necessary and only relevant material should be disclosed. The disclosure request to the police must be focussed identifying the documents which are really needed (Re H-L (A child) [2013] EWCA Civ 655).
5. Notification by the police to the local authority of the existence and status of criminal investigation
5.1. Within 5 working days of the commencement of the investigation, the police will provide to the Local Authority SPOC details of the criminal investigation using the form at Annex C to this Protocol (contact details for Local Authority SPOCs are listed at Annex B, see paragraph 19.3 below).
5.2. The police will contact the Local Authority SPOC at the point of charge, providing details of offences, custody status of defendants, bail conditions and court timescales. The police will also provide to the Local Authority contact details for the CPS.
5.3. In the event that the suspect(s) is/are not charged, the police in consultation with the CPS will provide the Local Authority with reasons why there will be no prosecution.
5.4. Within 5 working days of each Case Management Hearing in the Crown Court, the CPS will provide to the Local Authority SPOC (or Local Authority lawyer if known) details of the future timetable of the criminal proceedings and details of any directions relevant to the Local Authority or to concurrent Family Proceedings.
5.5. Within 2 working days of receipt, the Local Authority will forward the details at paragraphs 5.1 to 5.4 above to the Family Court.
6. Voluntary disclosure by police/CPS to local authority and into the family justice system
6.1. Where criminal proceedings have been commenced (or are contemplated), the police should consult with the CPS before a decision is made on whether to disclose police material to the Local Authority. The timing of such consultation must take into account any reasonable timescale specified by the Local Authority at paragraph 4.1 above.
6.2. Within the timescale specified by the Local Authority in Annex D (paragraph 4.1 above), the police will provide (via secure means, e.g. secure email) the requested material to the Local Authority. The police will complete and return the second part of the form at Annex D. The Local Authority agrees that the police material will only be disclosed to the professionals and Parties in the Family Proceedings (unless the permission of the court is obtained to disclose material to others).
6.3. Visually recorded interviews (Achieving Best Evidence interviews) will not be released to the Local Authority except against a written undertaking from the Local Authority in order to prevent the unauthorised use of the evidence. The form of undertaking at Annex G should be used for this purpose.
6.4. Unless disclosure is required to ensure the immediate safety of a child, the police will not disclose material where to do so might prejudice the investigation and/or prosecution (or where on the grounds of confidentiality it is necessary to obtain the consent of persons providing statements). However, redacted disclosure should be made wherever possible. The police will indicate on the form at Annex D the approximate date on which disclosure can be made. The police (in consultation with the CPS) must provide detailed reasons on Annex D as to why any material is being withheld.
6.5. Alternatively, the police can indicate that disclosure will be made in the event that the Local Authority obtains a Family Court order stating that the material is not to be disclosed to named individual(s) (typically, suspects and/or witnesses in the criminal proceedings). Such a court order should also be obtained where possible in the event that disclosure is made (as at paragraph 6.4 above) to ensure the immediate safety of a child.
6.6. The Family Court may request disclosure from the Local Authority of material held by them and relating to the criminal case. Again, the Local Authority will notify the CPS (or the police if criminal proceedings have not commenced) as soon as reasonably practicable. Where the police and/or the CPS object to disclosure, they will make appropriate and timely representations to the Family Court explaining why such disclosure might be capable of prejudicing the criminal proceedings.
7. Family court proceedings: orders for disclosure against the police and/or the CPS
7.1. The Local Authority shall notify (within 2 working days of the application being made) the police and the CPS of any application to the Family Court (whether by the Local Authority or any other party) for disclosure of prosecution material. The Local Authority shall notify the police and/or the CPS of the date and time of the Family Court hearing at which disclosure will be determined. Any order by the Family Court for disclosure will be in the form at Annex H to this protocol (use of which by the Family Court is mandatory). Where appropriate, the police and/or the CPS will assist the Local Authority in drafting Directions.
7.2. Where directed, the police and/or the CPS shall attend the Family Court hearing to explain the implications for a criminal trial when
7.3. The Local Authority will ensure that any Order against the police and/or the CPS is served as soon as reasonably practicable (and in any event within 2 working days of the date of the order) on the police and/or the CPS.
7.4. The police and the CPS will comply with any court order.
222 The Single Family Court: A Practitioner’s Handbook
Part B: Disclosure from the Local Authority/Family Justice System into the Criminal Justice System
8. Notification by local authority to the police of the existence and status of family proceedings
8.1. As soon as reasonably practicable and in any event on issue of proceedings, the Local Authority will provide notice to the police of the contemplation or existence of Family Proceedings using the form at Annex D to this 2013 protocol. Where Family Proceedings have commenced, details of all parties (and legal representatives) will be provided. Details of the allocated Local Authority lawyer will be provided. The form at Annex D will be sent to the police single point of contact (SPOC) attached at Annex A.
8.2. Where the form at Annex D is sent to the police at a stage before details of all parties to the Family Proceedings are known, the Local Authority will notify the police recipient of Annex D of the details of all parties (and legal representatives) to the Family Proceedings. The Local Authority will also provide details of the future timetable of the Family Proceedings. The police will forward the information to the CPS.
8.3. Where criminal proceedings have been commenced (or are contemplated), the police will forward a copy of the form at Annex D to the CPS. The CPS will give due priority to making charging decisions in cases involving Family Court Proceedings.
9. Police request to local authority for disclosure
9.1. Following the commencement of the investigation, the police will provide to the Local Authority SPOC the form at Annex C to this 2013 protocol. Details of the SPOC for each Local Authority are set out at Annex B (see paragraph 19.3 below).
9.2. The Annex C form will include details of the investigation and prosecution if commenced (see paragraph 5.1 above). Requests for material must be as prescriptive and detailed as possible and necessary for the pursuit of reasonable lines of enquiry. The form at Annex C will include reasonable timescales for the police to be given access to relevant material, but the presumption will be that the Local Authority will deal with any request from the police as expeditiously as possible so as to not to jeopardise the criminal investigation. Timescales will be case specific taking account of the stage/nature of the investigation and/or prosecution.
10. Disclosure by the local authority to the police
10.1. Upon receipt of the form at Annex C from the police, the Local Authority SPOC (or delegated officer) will identify and...
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