T (Children: Non-Disclosure), Re
[2024] EWCA Civ 241
Re Z (Disclosure to Social Work England: Findings of Domestic Abuse)
2 March 2023
[2023] EWHC 447 (Fam)
High Court
A dad, a social worker, was found to have abused his daughter's mom. Social Work England wanted the court documents to investigate him, but a judge said no, to protect the daughter. A higher court said yes, because keeping the social worker's potential risk to the public a secret was more dangerous than potentially hurting the daughter, as long as the daughter's information was kept private.
Key Facts
- •Appeal concerning disclosure of a fact-finding judgment in private law proceedings to Social Work England (SWE).
- •Father, a social worker, found to have committed domestic abuse against the mother.
- •SWE sought transcript of the judgment to investigate father's fitness to practice.
- •Judge refused SWE's application; mother appealed.
- •Appeal concerned whether the judge correctly balanced public interest in disclosure against child's welfare.
- •Child, Z, is 10 years old and proceedings are ongoing.
Legal Principles
Balancing exercise in disclosure applications considering child welfare, confidentiality, frankness, public interest in justice, and cooperation between agencies.
Re C (A Minor) (Care Proceedings: Disclosure) [1997] Fam 76
Appellate court's approach to appeals; avoiding narrow textual analysis and respecting trial judge's advantage in hearing witnesses.
Re F (Children) [2016] EWCA Civ 545, Piglowska v Piglowski [1999] 1 WLR 1360
Court's power to permit disclosure of information from private family proceedings under FPR 2010, rule 12.73(1)(b).
Family Procedure Rules 2010
Application of Re C principles to disclosure to professional regulatory bodies; public interest in ensuring fitness to practice.
Re R (Disclosure) [1998] 1 FLR 433, Re L (Care Proceedings: Disclosure to Third Party) [2000] 1 FLR 913, A Local Authority v SK & HK [2007] EWHC 1250 (Fam)
Importance of encouraging frankness in private law proceedings; balancing against public interest concerns.
Re D and M (Disclosure: Private Law) [2002] EWHC 2820 (Fam), P (Children) (Disclosure) [2022] EWCA Civ 495
SWE's statutory duties under the Children and Social Work Act 2017 and Social Workers Regulations 2018 to protect the public and ensure social workers' fitness to practice.
Children and Social Work Act 2017, Social Workers Regulations 2018
Outcomes
Appeal allowed.
Judge failed to properly conduct the balancing exercise under Re C, neglecting relevant public interest factors and the desirability of inter-agency cooperation. He wrongly assumed SWE could adequately investigate without the judgment.
Disclosure of the fact-finding judgment to SWE permitted, subject to redactions and confidentiality safeguards.
Public safety and SWE's statutory duty outweigh the potential disadvantages for Z and the father's privacy rights. Robust safeguards mitigate risks to Z's confidentiality.