Re Z (Disclosure to Social Work England: Findings of Domestic Abuse)
[2023] EWHC 447 (Fam)
The General Dental Council v KK & Anor
25 November 2024
[2024] EWHC 3053 (Fam)
High Court
A council mistakenly gave private family court documents to a dental council investigating a dentist. A judge decided some of the information could be used, but didn’t punish the council or dental council because they apologized and fixed the problem. The case is a reminder about keeping family court information confidential.
Key Facts
- •The General Dental Council (GDC) sought disclosure of documents from care proceedings concerning the children of a dental technician (KK) for Fitness to Practise proceedings.
- •Stockport Metropolitan Borough Council (SMBC) unlawfully disclosed documents to the GDC without a court order, breaching s.12 of the Administration of Justice Act 1960.
- •The GDC's application for disclosure was subsequently made to the Family Court.
- •The court considered the GDC's application for disclosure and potential contempt proceedings against the GDC and SMBC.
- •The court ordered the destruction of improperly obtained documents.
Legal Principles
Publication of information relating to proceedings is not of itself a contempt of court except in certain circumstances, including those relating to the inherent jurisdiction of the High Court with respect to minors.
Section 12, Administration of Justice Act 1960
No person shall publish material likely to identify a child involved in court proceedings under the Children Act 1989 or Adoption and Children Act 2002.
Section 97(2), Children Act 1989
Disclosure from family proceedings for disciplinary proceedings considers factors such as the child's welfare, confidentiality, encouraging frankness, public interest in justice, and the gravity of the alleged offence.
Re C, Re Z (Disclosure to Social Work England: Findings of Domestic Abuse) [2023] EWHC 447 (Fam)
If the court considers a contempt of court may have been committed, it must consider whether to proceed against the defendant in contempt proceedings.
CPR 81.6(1)
When considering contempt proceedings against a public body, the court should consider whether bringing such proceedings is in the public interest and proportionate.
JS v Cardiff City Council [2022] EWHC 707 (Admin)
Outcomes
The court granted disclosure of some documents from the care proceedings to the GDC.
The public interest in investigating allegations of misconduct against a dental professional outweighed KK's right to privacy. A careful process of redaction was undertaken to protect the children's identities.
The court declined to instigate contempt proceedings against the GDC and SMBC.
Compliance was achieved, apologies were offered, rectifications were made, and measures were put in place to prevent future occurrences. Contempt proceedings were deemed disproportionate.