The Chief Constable of West Yorkshire Police v FP & Anor
[2024] EWFC 130
Thames Valley Police v F & Anor
17 February 2023
[2023] EWFC 28 (B)
Family Court
The police wanted documents from a family court case about domestic abuse. They didn't explain why they needed them properly, so the judge said no and made the police pay the mum's legal bills.
Key Facts
- •Thames Valley Police applied for disclosure of documents from private law proceedings between Ms F (mother) and Mr G (father).
- •The proceedings concerned allegations of domestic abuse by Mr G against Ms F, including strangulation.
- •The court made orders preventing Mr G from contacting his children due to the risks he posed.
- •The police application sought documents relating to covert recordings made by Ms F and threats made by Mr G.
- •The application was made to assist the Crown Prosecution Service's decision on whether to charge Mr G and Ms F.
- •The police did not provide a witness statement supporting the application and failed to engage meaningfully with the mother's solicitor beforehand.
Legal Principles
Disclosure of information from private law proceedings to the police.
Family Procedure Rules 2010, rule 12.73
Re C (a Minor)(Care proceedings: disclosure) [1997] 2 WLR 322 checklist for disclosure to the police in children proceedings.
Re C (a Minor)(Care proceedings: disclosure) [1997] 2 WLR 322, Re M (children) [2019] EWCA Civ 1364
Practice Direction 12G of the Family Procedure Rules.
Practice Direction 12G
Outcomes
The application for disclosure was refused.
Insufficient evidence from the applicant to justify disclosure; the police failed to provide a witness statement, engage in meaningful dialogue beforehand, or clearly articulate the need for the requested documents. The court also considered the welfare of the children and the potential impact on the mother.
The police were ordered to pay the mother's costs (£6,600).
The police's conduct in failing to engage with the mother's solicitor, provide a witness statement, and adequately prepare for the hearing led to unnecessary costs for the mother. The court considered the gravity of the issues and the reasonableness of the mother's actions.