The Family Proceedings (Amendment No 4) Rules 2005

Amendments to the Family Proceedings Rules 1991

6.  After rule 10.20 insert—

“Communication of information relating to proceedings

10.20A.— (1) This rule applies to proceedings held in private to which these Rules apply where the proceedings—

(a) relate to the exercise of the inherent jurisdiction of the High Court with respect to minors;

(b) are brought under the Act of 1989; or

(c) otherwise relate wholly or mainly to the maintenance or upbringing of a minor.

(2) For the purposes of the law relating to contempt of court, information relating to the proceedings (whether or not contained in a document filed with the court) may be communicated—

(a) where the court gives permission;

(b) subject to any direction of the court, in accordance with paragraphs (3) or (4) of this rule; 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) the 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.

(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.

Communication of information without permission of the court

Communicated by	To	Information	Purpose
A party	A lay 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, cohabitant or close family member		For the purpose of confidential discussions enabling the party to receive support from his spouse, 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 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 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 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.

(4) A person in the second column of the table in paragraph (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.

(5) In this rule—

“accreditation body” means—

(a)

The Law Society,

(b)

Resolution, or

(c)

The Legal Services Commission;

“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(1);

“body assessing quality assurance systems” includes—

(a)

The Law Society,

(b)

The Legal Services Commission, or

(c)

The General Council of the Bar;

“body or person responsible for investigating or determining complaints in relation to legal representatives or professional legal advisers” means—

(a)

The Law Society,

(b)

The General Council of the Bar,

(c)

The Institute of Legal Executives, or

(d)

The Legal Services Ombudsman;

“cohabitant” means one of two persons who although not married to each other, are living together as husband and wife, or (if of the same sex) in an equivalent relationship;

“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;

“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;

“health care professional” means—

(a)

a registered medical practitioner,

(b)

a registered nurse or midwife,

(c)

a clinical psychologist, or

(d)

a child psychotherapist;

“lay adviser” means a non-professional person who gives lay advice on behalf of an organisation in the lay advice sector;

“legal representative” means a barrister or a solicitor, solicitor’s employee or other authorised litigator (as defined in the Courts and Legal Services Act 1990(2)) who has been instructed to act for a party in relation to the proceedings;

“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;

“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;

“peer” means a member of the House of Lords as defined by the House of Lords Act 1999(3);

“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 Act of 1989, 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 the Courts and Legal Services Act 1990) 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 Act of 1989.”

(1)

2000 c. 43.

(2)

1990 c. 41.

(3)

1999 c. 34.