A guardian ad litem, representing one child, was entitled to see a report, prepared by the child protection committee of the local authority, which related to the death of the child’s sibling. Such a report constituted a report prepared by the authority whilst exercising a statutory function assigned to it. No question of policy could limit the obligation to disclose such a report. The child had an overwhelming interest on the report. Questions about the disclosure of particularly sensitive material were issues of practice not principle. Section 42 should be given its literal meaning.
Citations:
Times 18-Jul-2000, Gazette 27-Jul-2000, [2000] 3 FCR 721
Statutes:
Local Authorities Social Services Act 1970, Children Act 1989 42(1)(b)
Jurisdiction:
England and Wales
Cited by:
Applied – In re J (a Child) (Care Proceedings: Disclosure) FD 9-May-2003
A report had been prepared by the local authority into the way in which it had handled the proceedings. The guardian sought to inspect the report and the authority resisted, claiming public interest immunity.
Held: The report had been prepared . .
Lists of cited by and citing cases may be incomplete.
Children, Local Government
Updated: 10 May 2022; Ref: scu.82132
