Councils must disclose family court findings to DBS, judge rules

Local authorities must share confidential family court information with the national vetting service when lawfully requested, a High Court judge has ruled. 

The case followed a request from the Disclosure and Barring Service (DBS) for documents from a 2021 family court case. The information was needed to decide whether an individual, known as ‘X’, should be barred from working with children or vulnerable adults. 

Previously, ‘X’ has been convicted of a serious offence against a child. 

Despite being asked twice, the council refused to provide the family court judgement and related reports, arguing they were confidential. The DBS then went to the High Court to force disclosure.

In her ruling, Mrs Justice Arbuthnot said the council has misinterpreted the law. She noted the DBS is defined as a ‘professional acting in furtherance of the protection of children’ under the Family Procedure Rules.  

‘The DBS is entitled to have that information from the local authority once it has been requested,’ she added. 

Within the ruling, the judge ordered the council to release the documents, with the names of other family members removed to protect their privacy. 

The DBS has a statutory duty under the Safeguarding and Vulnerable Groups Act 2006 to assess the risk posed by individuals seeking roles in “regulated activity,” such as teaching or care work. The judge highlighted that when the DBS requests prescribed information – which specifically includes details of Children Act proceedings – a local authority ‘must comply.’

Under the Safeguarding and Vulnerable Groups Act 2006, the DBS has a statutory duty to assess whether people applying for roles in ‘regulated activity’ involving vulnerable adults or children, such as teaching or care work, pose a risk.

The judge highlighted that when the DBS requests prescribed information – which specifically includes details of Children Act proceedings – a local authority ‘must comply’. She also added that she hopes this ruling has set the record straight for other councils going forward. 

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