Government departments are becoming increasingly more unco-operative...
Government departments are becoming increasingly more unco-operative about assisting in the disclosure of addresses of “missing” respondents so as to facilitate service of matrimonial proceedings, even where financial and/or child care issues have to be determined. Letters to the Department for Work and Pensions seem to end up with HM Revenue & Customs (HMRC) which says it will disclose nothing without a High Court order. What can be done about procuring help and from whom?
The arrangements for disclosure of addresses by government departments were agreed and set out in the Practice Direction (Disclosure of Addresses) [1989] 1 All ER 765, as amended (PD). However, most departments will not disclose information without a court order. The court may make an order for disclosure in cases falling within the terms of the PD or, in the case of a missing child, under the Family Law Act 1986, s 33, but not all departments will accept such an order as sufficient authority to disclose confidential information. In the case of HM Revenue and Customs, information can only be provided where the
