Cafcass access to local authority records CA 1989 s. 42
Under CA 1989 s. 42, appointed officers representing a child can inspect local authority social services records and use copies directly as evidence.
Where an officer of the Service or Welsh family proceedings officer has been appointed under section 41 he shall have the right at all reasonable times to examine and take copies of— any records of, or held by, a local authority or an authorised person which were compiled in connection with the making, or proposed making, by any person of any application under this Act with respect to the child concerned; . . . any . . . records of, or held by, a local authority which were compiled in connection with any functions which are social services functions within the meaning of the Local Authority Social Services Act 1970 or for the purposes of the Social Services and Well-being (Wales) Act 2014 , so far as those records relate to that child. ; or any records of, or held by, an authorised person which were compiled in connection with the activities of that person, so far as those records relate to that child. Where an officer of the Service or Welsh family proceedings officer takes a copy of any record which he is entitled to examine under this section, that copy or any part of it shall be admissible as evidence of any matter referred to in any— report which he makes to the court in the proceedings in question; or evidence which he gives in those proceedings. Subsection (2) has effect regardless of any enactment or rule of law which would otherwise prevent the record in question being admissible in evidence. In this section “ authorised person ” has the same meaning as in section 31.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
When a Children and Family Court Advisory and Support Service officer or a Welsh family proceedings officer is appointed to represent a child in court proceedings, this provision gives them an explicit right to inspect and take copies of relevant records.
This inspection right covers files compiled by a local authority or authorised body regarding Children Act applications for the child, as well as general local authority social services records concerning that child. The officer can examine these files at all reasonable times.
Copies of records taken by the officer are admissible in court as evidence for any matter mentioned in their court reports or oral testimony. This rule applies regardless of any other law or rule of evidence that would usually restrict admissibility.
When it applies
- A local authority social worker hesitates to allow a child's court-appointed guardian to examine internal case files.
- A child's representative needs to take copies of historical social services records to attach to a court report.
- A party in care proceedings challenges the admissibility of council records submitted as evidence by a Welsh family proceedings officer.
What this section does not say
- Parents demanding direct personal inspection of local authority social services files (this section only grants rights to the child's appointed officer).
- Access to medical records held by NHS trusts or police investigation logs (this section covers local authority social services and authorised child protection bodies).
- The process for court appointment of the officer itself, which is governed by section 41.
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This page reproduces the text of CA 1989 s. 42 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.