Family Courts and
Confidentiality
The Custody Minefield Factsheets –
Smartphone Series (optimised for smartphone users). Copyright Michael Robinson
2010, 2011.
With whom am I
allowed to discuss details of the Court Orders?
If using
a solicitor and/or barrister, do they have to treat what I tell them in confidence?
Are there circumstances in which a
solicitor will break their duty of confidentiality to
me?
Details
of your Court case must be treated in confidence, although you are allowed to
share information and discuss them with:
· your
solicitor or barrister.
· any
other parties in your case.
· a
CAFCASS Officer,
Welsh Family Proceedings Officer or a Welfare Officer.
· the
Legal Services Commission.
· an
expert authorised by the Court.
· a
professional, including the Police and the NSPCC,
whose job it is to protect children.
· a lay
adviser (e.g. Citizens Advice Bureau) or
a McKenzie friend (person granted permission by the Court to
assist you and give advice, take notes etc), to allow you to get help and
advice in connection with your case and in Court.
· your
spouse, cohabitant or close family member, so you can have confidential
discussions with them.
· a
health care professional or a person/body providing counselling
services for children and families, so you can seek health care or counselling for yourself or your child.
· the
Children’s Commissioner or the Children’s Commissioner for Wales, so you
can refer a matter to them which may affect the interests of children.
· a
person or body conducting an approved research project, so that they can carry
out the project.
· a
mediator so that you can receive mediation in relation to the proceedings.
· a
person or body responsible for investigating complaints about legal
representatives or advisers so that they can investigate or determine the
complaint in question.
The relevant permissions
are granted in sections 12.73 and 12.75 of the Family Procedure Rules 2010.
With whom am I allowed to discuss details of the Court Orders? <Back
to Top>
In addition to the
individuals and organisations mentioned above, you
can discuss the text of a Court Order with:
· your
Member of Parliament (MP), Member of European Parliament elected in England and Wales, National
Assembly Member, or
a Member of the House of Lords so they can advise you, investigate a
complaint or raise a question related to policy or procedure.
· the
General Medical Council so you can make a complaint to the GMC.
· a
Police Officer so they can investigate a crime, or
whether a crime has been committed.
· a
member of the Crown Prosecution Service so that it can carry out its legal functions.
If there are other
people who you feel should be aware of details of a Court Order, such as your
child’s school or General Practitioner,
you need to ask the Court for permission before you can do this. Your solicitor can help you to do this.
What could happen if
I talk to someone who isn’t included in this list? <Back
to Top>
Unless
you have the permission of the Court,
sharing information with an unauthorised person, or publishing details of your Court case publicly or
within the media, can be a ‘Contempt of Court’.
How should I share
information about the case or Court Order? <Back to Top>
If you do need to
share information (within the restrictions detailed in this Chapter) ensure
anything in writing includes the wording “Private and Confidential” and that
the people you either tell or give the information to are aware of the
restrictions. Keep a record of the people you handed information to, and the
reason why you did.
If
using a solicitor and/or barrister, do they have to treat what I tell them in confidence? <Back
to Top>
Yes, although
solicitors and barristers also have a duty not to mislead the Court. If
they become aware of information that is harmful to your case and you withhold
your permission for them to disclose it to the Court, they are entitled to
refuse to continue to work for you.
Are there
circumstances in which a solicitor will break their duty of confidentiality to
me? <Back to Top>
Yes. A solicitor should consider breaking the confidentiality
rule in circumstances where they consider there to be serious health risks to a
child or a threat to a child’s life.
Support <Back to Top>
The Custody Minefield offers support forums where
you can ask our team of experienced support staff questions about family law,
the courts and separation. Collectively, we have answered more than 10,000
posts on other family law related support forums. Visit our Support Forum Page on
The Custody Minefield website to find out how to register.