Surrey County Council v Al -Hilli & Ors (4)

The court has a discretion to join a police force as a party to care proceedings, but joinder will be rare and exceptional. It may be appropriate where joinder is likely to facilitate disclosure, where the police are likely to make significant representations, or where they seek to address issues arising from their statutory responsibility for protecting individuals. Attendance, representation and the provision of evidence will ordinarily be sufficient. Joinder is justified where the police are likely to have a substantial and continuing role, including a possible positive case concerning the child’s future placement and safety.

Surrey County Council brought care proceedings concerning two children whose parents and grandmother had been murdered abroad. Surrey Police were actively involved in the investigation and were providing the children with a high degree of protection.

The Chief Constable applied to be joined as a party. The local authority and the children’s guardian opposed joinder, submitting that the police could attend, provide information and make submissions without becoming parties. The central issue was whether the police’s anticipated involvement in disclosure, welfare decisions and future protection justified party status.

1. Application granted. The Chief Constable for Surrey was joined as a party to the care proceedings.
2. The court had a discretion to join a police force in appropriate care proceedings. Such circumstances would be rare and exceptional. Party status was not required merely because the police possessed sensitive information or wished to attend hearings. Information could ordinarily be provided and public interest immunity arguments advanced without joinder.
3. Joinder might properly be ordered where one or more of three considerations arose:
   • a very real advantage in facilitating the disclosure of information;
   • the likelihood that matters arising in the proceedings would involve significant representations from the police; or
   • issues on which the police wished to make representations in exercising their statutory responsibility for the safety of individuals.
4. The guidance in Re T (Wardship: Impact of Police Intelligence) [2009] EWHC 2440 (Fam); [2010] 1 FLR 1048 supported consideration of joinder where the police might need to be subject more directly to the court’s direction.
5. All three considerations applied. Surrey Police were expected to generate or distribute a substantial proportion of the relevant documents, facilitate access to information from the French police, and be consulted about placement, therapy, treatment, education and contact. They might also have a positive case concerning future placement because of their responsibility to protect the children from threats to life.
6. The police were accordingly joined. Publication of the judgment was authorised, subject to continuing restrictions concerning further details of the children and their future arrangements.