Disclosure of Info Regarding Child Flashcards
Q: Should estranged parent be told the location of their missing child?
Where a child is reported missing, problems can arise once the child is discovered to be safe and well but one of the parents wants the police to disclose the whereabouts of the child.
Q: What is the landmark case where COA provided clarification of this issue?
S v S 1998
Mother left home with her 3 year old child after a marriage breakdown.
The father reported the child’s absence to the police who found the child and her mother in a refuge.
At the request of the mother, the police advised the father that both she and the child were safe but refused to disclose their whereabouts.
The father applied ‘without notice’ (i.e. without telling the police) to the county court which then made an order under s. 33 of the Family Law Act 1986, requiring the police to disclose the information.
Application succeeded- court told the chief con to disclose the child’s whereabouts.
Chief con appealed to COA.
Q: What was the decision of the COA?
The Court of Appeal held that it was only in exceptional circumstances that the police should be asked to divulge the whereabouts of a child under a s. 33 order. Their primary role in such cases should continue to be finding missing children and ensuring their safety.
Q: What did the COA clarify?
Court went on to say that, in such cases:
- The police are not in a position to give ‘categoric assurances’ of confidentiality to those who provide information as to the whereabouts of a child. The most they could say is p. 484that, other than by removing the child, it would be most unlikely that they would have to disclose the information concerning the child’s whereabouts.
- An order under s. 33 provides for the information to be disclosed to the court not to the other party or his/her solicitor.
- An order under s. 33 should not normally be made in respect of the police without their being present (ex parte).
The police should not disclose such info directly to the father, or whoever the estranged parent is or his solicitor. The estranged party will have to make an application to the court of which the police should be notified and even if an order is made by the court, it will be to disclose the location to the court, not to the father.
The court will then decide whether the father will be told and that will only be in exceptional circumstances where the court is satisfied that it is safe to do so.
