Where documents filed with the court in Children Act cases were requested by the police, family judges ought normally to release them under r.4.23 Family Proceedings Rules 1991 if they reveal a serious offence, so as not to usurp the discretion of the CPS. Documents produced by social services which were not held by the court as part of the proceedings could be asked for by the police without reference to the court.

CA (Civ Div) (Butler-Sloss LJ, Judge LJ, Mummery LJ)

26/03/1998