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see also Practice Direction 8, Practice Direction 8B

# Part 8 Documents and Disclosure of Documents and Information

Contents of this Part
Title | Number
--- | ---
Confidential reports to the court and disclosure to the parties | Rule 77
Communication of information relating to proceedings | Rule 78
Orders for disclosure against a person not a party | Rule 79
Rules not to limit other powers of the court to order disclosure | Rule 80
Claim to withhold inspection or disclosure of a document | Rule 81
Custody of documents | Rule 82
Inspection and copies of documents | Rule 83
Disclosing information to an adopted adult | Rule 84
Translation of documents | Rule 85

## Confidential reports to the court and disclosure to the parties

### 77

(1) The court will consider whether to give a direction that a confidential report be disclosed to each party to the proceedings.

(2) Before giving such a direction the court will consider whether any information should be deleted including information which –

(a) discloses, or is likely to disclose, the identity of a person who has been assigned a serial number under rule 20(2); or

(b) discloses the particulars referred to in rule 21(1) where a party has given notice under rule 21(2) (disclosure of personal details).

(3) The court may direct that the report will not be disclosed to a party.

## Communication of information relating to proceedings

### 78

(1) For the purposes of the law relating to contempt of court, information (whether or not it is recorded in any form) relating to proceedings held in private may be communicated –

(a) where the court gives permission;

(b) unless the court directs otherwise, in accordance with the relevant practice direction; or

(c) where the communication is to –

(i) a party;

(ii) the legal representative of a party;

(iii) a professional legal adviser;

(iv) an officer of the Service or a Welsh family proceedings officer;

(v) a welfare officer;

(vi) the Legal Services Commission;

(vii) an expert whose instruction by a party has been authorised by the court; or

(viii) a professional acting in furtherance of the protection of children.

(2) In this rule –

- ‘professional acting in furtherance of the protection of children’ includes –

(a) an officer of a local authority exercising child protection functions;

(b) a police officer who is –

(i) exercising powers under section 46 of the 1989 Act; or

(ii) serving in a child protection unit or a paedophile unit of a police force;

(c) any professional person attending a child protection conference or review in relation to a child who is the subject of the proceedings to which the information relates; or

(d) an officer of the National Society for the Prevention of Cruelty to Children;

- ‘professional legal adviser’ means a barrister or a solicitor, solicitor’s employee or other authorised litigator (as defined in section 119 of the Courts and Legal Services Act 19901) who is providing advice to a party but is not instructed to represent that party in the proceedings;
- ‘welfare officer’ means a person who has been asked to prepare a report under section 7(1)(b) of the 1989 Act.

## Orders for disclosure against a person not a party

### 79

(1) This rule applies where an application is made to the court under any Act for disclosure by a person who is not a party to the proceedings2.

(2) The application must be supported by evidence.

(3) The court may make an order under this rule only where –

(a) the documents of which disclosure is sought are likely to support the case of the applicant or adversely affect the case of one of the other parties to the proceedings; and

(b) disclosure is necessary in order to dispose fairly of the application or to save costs.

(4) An order under this rule must –

(a) specify the documents or the classes of documents which the respondent must disclose; and

(b) require the respondent, when making disclosure, to specify any of those documents –

(i) which are no longer in his control; or

(ii) in respect of which he claims a right or duty to withhold inspection.

(5) Such an order may –

(a) require the respondent to indicate what has happened to any documents which are no longer in his control; and

(b) specify the time and place for disclosure and inspection.

(6) This rule does not apply to proceedings in a magistrates’ court.

## Rules not to limit other powers of the court to order disclosure

### 80

(1) Rule 79 does not limit any other power which the court may have to order –

(a) disclosure before proceedings have started; and

(b) disclosure against a person who is not a party to proceedings.

(2) This rule does not apply to proceedings in a magistrates’ court.

## Claim to withhold inspection or disclosure of a document

### 81

(1) A person may apply, without notice, for an order permitting him to withhold disclosure of a document on the ground that disclosure would damage the public interest.

(2) Unless the court orders otherwise, an order of the court under paragraph (1) –

(a) must not be served on any other person; and

(b) must not be open to inspection by any person.

(3) A person who wishes to claim that he has a right or a duty to withhold inspection of a document, or part of a document, must state in writing –

(a) that he has such a right or duty; and

(b) the grounds on which he claims that right or duty.

(4) The statement referred to in paragraph (3) must be made to the person wishing to inspect the document.

(5) A party may apply to the court to decide whether a claim made under paragraph (3) should be upheld.

(6) For the purpose of deciding an application under paragraph (1) (application to withhold disclosure) or paragraph (3) (claim to withhold inspection) the court may –

(a) require the person seeking to withhold disclosure or inspection of a document to produce that document to the court; and

(b) invite any person, whether or not a party, to make representations.

(7) An application under paragraph (1) or (5) must be supported by evidence.

(8) This rule does not affect any rule of law which permits or requires a document to be withheld from disclosure or inspection on the ground that its disclosure or inspection would damage the public interest.

(9) This rule does not apply to proceedings in a magistrates’ court.

## Custody of documents

### 82

All documents relating to proceedings under the Act must, while they are in the custody of the court, be kept in a place of special security.

## Inspection and copies of documents

### 83

Subject to the provisions of these Rules, any practice direction or any direction given by the court –

(a) no document or order held by the court in proceedings under the Act will be open to inspection by any person; and

(b) no copy of any such document or order, or of an extract from any such document or order, will be taken by or given to any person.

## Disclosing information to an adopted adult

### 84

(1) The adopted person has the right, at his request, to receive from the court which made the adoption order a copy of the following –

(a) the application form for an adoption order (but not the documents attached to that form);

(b) the adoption order and any other orders relating to the adoption proceedings;

(c) orders allowing any person contact with the child after the adoption order was made; and

(d) any other document or order referred to in the relevant practice direction.

(2) The court will remove any protected information from any copy of a document or order referred to in paragraph (1) before the copies are given to the adopted person.

(3) This rule does not apply to an adopted person under the age of 18 years.

(4) In this rule ‘protected information’ means information which would be protected information under section 57(3) if the adoption agency gave the information and not the court.

## Translation of documents

### 85

(1) Where a translation of any document is required for the purposes of proceedings for a Convention adoption order the translation must –

(a) unless the court directs otherwise, be provided by the applicant; and

(b) be signed by the translator to certify that the translation is accurate.

(2) This rule does not apply where the document is to be served in accordance with the Service Regulation.

## Footnotes

1. 1990 c.41.
2. An application for disclosure against a person who is not a party to proceedings is permitted under section 34 of the Supreme Court Act 1981 (c.54) or section 53 of the County Courts Act 1984 (c.28).

Published by TSO on behalf of the Ministry of Justice

Applications to reproduce the material in this value added publication should be addressed to Office of Public Sector Information, Information Policy Team, Kew, Richmond, Surrey, TW9 4DU.

An application can be made via the OPSI website (opens in a new window) or by e-mailing: licensing@opsi.gov.uk

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