Care of Children Act 2004

134 Distribution, etc, of reports under sections 132 and 133

• (1) The Registrar of the court must copy a report under section 132 or section 133 (the report)—

  • (a) to the lawyer acting for each party to the proceedings or, subject to subsection (3), if a party has no lawyer acting for that party, to that party; and

  • (b) to a lawyer appointed to act for a child who is the subject of the proceedings.

  (2) If the court orders a lawyer referred to in subsection (1)(a) not to give or show the report to the person for whom the lawyer is acting, the lawyer must comply with the order.

  (3) If a party has no lawyer acting for that party and the court is satisfied that information in the report would, if provided directly to that party, place the child concerned or another person at risk of physical abuse, sexual abuse, or psychological abuse, the court may—

  • (a) order that the report not be copied to that party under subsection (1)(a); and

  • (b) appoint counsel to assist the court under section 130(1) for the purpose of explaining the contents of the report to that party.

  (4) Before the report is copied to a lawyer under subsection (1)(b), the court must consider whether the report may be given or shown to the child for whom the lawyer is acting.

  (5) A lawyer referred to in subsection (1)(b) may give or show the report to the child for whom the lawyer is acting only if the court so orders, but in every case the lawyer must explain to the child the purpose and contents of the report, unless the lawyer considers that to do so would be contrary to the welfare and best interests of the child.

  (6) A party to the proceedings, or a lawyer appointed to act for a child who is the subject of the proceedings, may present evidence on any matter referred to in the report.

  (7) The court may, if it thinks fit, call as a witness the person who made or prepared the report.

  Compare: 1968 No 63 ss 29(3)–(7), 29A(3)–(5), (7), (8)