PRACTICE DIRECTION 14E – COMMUNICATION OF INFORMATION RELATING TO PROCEEDINGS
see also Part 14, Practice Direction 14A, Practice Direction 14B, Practice Direction 14C, Practice Direction 14D, Practice Direction 14F
PRACTICE DIRECTION 14E – COMMUNICATION OF INFORMATION RELATING TO PROCEEDINGSThis Practice Direction supplements Part 14, rule 14.14(b) of the Family Procedure Rules 2010
Contents of this Practice Direction
| Title | Number |
|---|---|
| Communication of information relating to proceedings | Para. 1.1 |
Communication of information relating to proceedings
1.1
Rule 14.14 deals with the communication of information (whether or not it is recorded in any form)relating to proceedings.
1.2
Subject to any direction of the court, information may be communicated for the purposes of the law relating to contempt in accordance with paragraphs 1.3 or 1.4.
1.3
A person specified in the first column of the following table may communicate to a person listed in the second column such information as is specified in the third column for the purpose or purposes specified in the fourth column.
| Communicated by | To | Information | Purpose |
| A party | A lay adviser, an Independent Domestic Violence Adviser or Independent Sexual Violence Adviser, or a McKenzie Friend | Any information relating to the proceedings | To enable the party to obtain advice or assistance in relation to the proceedings. |
| A party | The party’s spouse, civil partner, cohabitant or close family member | For the purpose of confidential discussions enabling the party to receive support from his spouse, civil partner, cohabitant or close family member. | |
| A party | A health care professional or a person or body providing counselling services for children or families | To enable the party or any child of the party to obtain health care or counselling. | |
| A party | The Secretary of State, a McKenzie Friend, a lay adviser or an appeal tribunal dealing with an appeal made under section 20 of the Child Support Act 1991 | For the purposes of making or responding to an appeal under section 20 of the Child Support Act 1991 or the determination of such an appeal. | |
| A party or other person lawfully in receipt of information | The Secretary of State, a McKenzie Friend, a lay adviser or the Upper Tier Tribunal dealing with an appeal under section 24 of the Child Support Act 1991 in respect of a decision of the First tier Tribunal that was made under section 20 of that Act | For a purpose connected with an appeal under section 24 of the Child Support Act 1991 in respect of a decision of the First-tier Tribunal that was made under section 20 of that Act | |
| A party | An adoption panel | To enable the adoption panel to discharge its functions as appropriate. | |
| A party | A local authority’s medical adviser appointed under the Adoption Agencies Regulations 2005 or the Adoption Agencies (Wales) Regulations 2005 | To enable the medical adviser to discharge his or her functions as appropriate | |
| A party or any person lawfully in receipt of information | The Children’s Commissioner or the Children’s Commissioner for Wales | To refer an issue affecting the interests of children to the Children’s Commissioner or the Children’s Commissioner for Wales. | |
| A party or any person lawfully in receipt of information | The Welsh Language Commissioner | To refer an issue so that the Welsh Language Commissioner can consider whether to institute or intervene in legal proceedings or to assist a party or prospective party to legal proceedings. | |
| A party or a legal representative | A mediator | For the purpose of mediation in relation to the proceedings. | |
| A party, any person lawfully in receipt of information or a proper officer | A person or body conducting an approved research project | For the purpose of an approved research project. | |
| A party, a legal representative or a professional legal adviser | A person or body responsible for investigating or determining complaints in relation to legal representatives or professional legal advisers | For the purposes of making a complaint or the investigation or determination of a complaint in relation to a legal representative or a professional legal adviser. | |
| A legal representative or a professional legal adviser | A professional indemnity insurer | To enable the professional indemnity insurer to be notified of a claim or complaint, or potential claim or complaint, in relation to the legal representative or a professional legal adviser, and the legal representative or professional legal adviser to obtain advice in respect of that claim or complaint | |
| A legal representative or a professional legal adviser | A person or body assessing quality assurance systems | To enable the legal representative or professional legal adviser to obtain a quality assurance assessment. | |
| A legal representative or a professional legal adviser | An accreditation body | Any information relating to the proceedings providing that it does not, or is not likely to, identify any person involved in the proceedings | To enable the legal representative or professional legal adviser to obtain accreditation. |
| A party | An elected representative or peer | The text or summary of the whole or part of a judgment given in the proceedings | To enable the elected representative or peer to give advice, investigate any complaint or raise any question of policy or procedure. |
| A party | The General Medical Council | For the purpose of making a complaint to the General Medical Council. | |
| A party | A police officer | For the purpose of a criminal investigation. | |
| A party or any person lawfully in receipt of information | A member of the Crown Prosecution Service | To enable the Crown Prosecution Service to discharge its functions under any enactment. | |
| A party or an adoption agency that is not a party | An adoption agency | Any information relating to the proceedings | To enable the sharing of relevant information between adoption agencies for more effective undertaking of their functions |
1.4
A person in the second column of the table in paragraph 1.3 may only communicate information relating to the proceedings received from a person in the first column for the purpose or purposes –
(a) for which he received that information, or
(b) of professional development or training, providing that any communication does not, or is not likely to, identify any person involved in the proceedings without that person’s consent.
1.5
(1) ‘accreditation body’ means –
(c) the Lord Chancellor in exercise of the Lord Chancellor’s functions in relation to legal aid;
(1A) ‘adoption panel’ means a panel established in accordance with regulation 3 of the Adoption Agencies Regulations 20052 or regulation 3 of the Adoption Agencies (Wales) Regulations 20053;
(2) ‘approved research project’ means a project of research –
(a) approved in writing by a Secretary of State after consultation with the President of the Family Division,
(b) approved in writing by the President of the Family Division, or
(c) conducted under section 83 of the Act of 1989 or section 13 of the Criminal Justice and Court Services Act 2000;
(3) ‘body assessing quality assurance systems’ includes –
(b) the Lord Chancellor in exercise of the Lord Chancellor’s functions in relation to legal aid, or
(c) The General Council of the Bar;
(4) ‘body or person responsible for investigating or determining complaints in relation to legal representatives or professional legal advisers’ means –
(b) The General Council of the Bar,
(c) The Institute of Legal Executives, or
(d) The Legal Services Ombudsman;
(5) ‘cohabitant’ means one of two persons who are neither married to each other nor civil partners of each other but are living together as husband and wife or as if they were civil partners;
(6) ‘criminal investigation’ means an investigation conducted by police officers with a view to it being ascertained –
(a) whether a person should be charged with an offence, or
(b) whether a person charged with an offence is guilty of it;
(7) ‘elected representative’ means–
(a) a member of the House of Commons,
(b) a member of the National Assembly for Wales, or
(c) a member of the European Parliament elected in England and Wales;
(8) ‘health care professional’ means –
(a) a registered medical practitioner,
(b) a registered nurse or midwife,
(c) a clinical psychologist,or
(9) ‘lay adviser’ means a non-professional person who gives lay advice on behalf of an organisation in the lay advice sector;
(10) ‘McKenzie Friend’ means any person permitted by the court to sit beside an unrepresented litigant in court to assist that litigant by prompting, taking notes and giving him advice;
(11) ‘mediator’ means a family mediator who is –
(a) undertaking, or has successfully completed, a family mediation training course approved by the United Kingdom College of Family Mediators, or
(b) a member of the Law Society’s Family Mediation Panel;
(12) ‘peer’ means a member of the House of Lords as defined by the House of Lords Act 1999.
To the topFootnotes
1. 1991 c.48; section 20 as originally enacted was substituted by the Social Security Act 1998 (c.14); and was further substituted by the Child Support, Pensions and Social Security Act 2000 (c.19); and modified by the Family Proceedings Appeals (Jurisdiction of Courts) Order 1993 S.I. 1993/961.
2. S.I. 2005/389.
3. S.I. 2005/1313.
