Q&As

A father has parental responsibility and is currently involved in proceedings under the Children Act 1989. He cannot obtain copies of his child's medical records or school reports. Can he make an application for that information to be disclosed? If so, what application form should be used?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 04/01/2019

The following Family Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A father has parental responsibility and is currently involved in proceedings under the Children Act 1989. He cannot obtain copies of his child's medical records or school reports. Can he make an application for that information to be disclosed? If so, what application form should be used?

Parental responsibility’ is defined by section 3(1) of the Children Act 1989 (ChA 1989) as being ‘all the rights, duties, powers, responsibilities and authority which by law a parent has in relation to the child and his property’. A person with parental responsibility is entitled as of right to copies of medical records and school reports and the surgery or school should provide these. However, where there is a difficulty, for example because the mother is at a confidential address or has instructed that these documents should not be disclosed to the father, it is open to the father to apply to the court within the existing ChA 1989 proceedings, or where there are no proceedings as a freestanding application for a specific issue order requiring the provision o

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