ABSTRACT
In this chapter, we look at three separate, but related, issues as to the obligations the law imposes on social service agencies and the NSPCC to make available ‘confidential’ and sensitive information contained in their files and other documents as evidence in court proceedings. As we have seen, the general rule in most litigation is that all evidence which is relevant to the matter before the court and which may assist the court in reaching its decision must be disclosed. An important exception to this general rule is where the law recognises that there may be situations where it would not be in the wider public interest for information, documents, files, etc to be disclosed, as this may compromise a confidential source of information or interfere with the proper discharge of the organisation’s responsibilities. Would delegates at a case conference speak with full honesty if they were aware that the records of the case conference might be produced as evidence in court open to full public scrutiny and cross-examination? Would an informant who made allegations about an alleged abuse of a child come forward with that information if he or she knew that their identity would be disclosed?
