FAQ 13

Q13. I am instructed in a custody case to represent the father. In conference, the father has told me that if he does not get custody of the child he will make sure that no one else will. I am very concerned by what he might do to the child. However, he has told me that I must not mention what he said to anyone else. Am I able to breach client confidentiality and report the matter to the proper authorities?

A13. The position in principle was considered by the Professional Conduct and Complaints Committee (now the Conduct Committee) a few years ago. Its view was that you should first satisfy yourself that the threat is genuine. If you are satisfied, paragraph 702 of the Code of Conduct allows a barrister to breach his duty of confidentiality "as permitted by law"; broadly, the law permits you to do so where there is a danger of harm to a third party. In such circumstances a barrister should report the threat to the police or other agency (such as the local authority social services department) able to take appropriate protective measures. If you are in any doubt you should contact the ethical help line.