Understanding the HMCTS Guidance on Sharing Information in Children Law Proceedings

HM Courts & Tribunals Service (HMCTS) have issued updated guidance on sharing information outside of court in family proceedings, particularly those involving children. This guidance is crucial for anyone involved in such proceedings, as it outlines the legal boundaries and potential consequences of sharing case-related information. 

Key Points of the Guidance

The guidance emphasises that sharing information about a case is strictly regulated to protect the privacy of the parties involved, particularly children. It is important to note that sharing certain information without proper authorisation can lead to serious legal consequences, including fines or imprisonment for contempt of court, or even criminal charges if the case is ongoing.

Restrictions and Legal Implications

The guidance outlines that it is a criminal offense to share information that identifies or is likely to identify a child involved in proceedings under the Children Act 1989 or the Adoption and Children Act 2002, unless a court order permits such disclosure. Furthermore, contempt of court may occur if information from court proceedings is shared with unauthorised individuals, which can result in fines or imprisonment.

When Information Can Be Shared

Information about a case can be shared with specific individuals and entities, such as legal representatives. Information can also be shared with court appointed experts, such as CAFCASS or other social workers. Additionally, information may be shared for obtaining private confidential advice, mediation, or assistance with a complaint related to the proceedings. However, sharing information beyond these parameters requires careful consideration and, often, permission from the court.

Safe Sharing Practices

Even when sharing information is permitted, it must be done safely to protect sensitive details. The guidance advises marking information as ‘private and confidential’ and ensuring it is sent to the correct person. Keeping a record of what information is shared and with whom is also recommended to maintain accountability.

Seeking Permission and Legal Advice

If there is any uncertainty about what information can be shared, it is advisable to consult with a legal representative or seek clarification from the court. The guidance also allows for the possibility of obtaining a court order to specify what information can be shared and with whom.

https://www.gov.uk/guidance/sharing-information-outside-of-court-in-family-proceedings

Jamie Beland & Minoli Vehella