Asking for records and reports for a family case

Getting your own records: subject access requests

Under data protection law you have the right to ask an organisation for a copy of your personal information. This is called a subject access request.

The Information Commissioner's Office (ICO) says you can ask verbally or in writing. You do not need a solicitor. Being specific about what you want can speed things up.

The organisation must usually reply within one month. It can extend this by up to two more months if the request is complex. In most cases it cannot charge a fee.

If you are unhappy with the reply, you can complain to the organisation and then to the ICO.

What a subject access request may not give you

An organisation does not have to give you information that would reveal details about another person. It can do so if that person agrees, or if it is reasonable to disclose without their consent.

Other exemptions can apply. The ICO's list includes child abuse information and some functions relating to children's services.

A subject access request gives you your own information. It is a separate process from disclosure ordered by the family court.

School and GP records

GP practices, hospitals and schools are organisations that hold personal information. You can make a subject access request to them for your own records.

In England, the ICO says a person with parental responsibility can ask a maintained school for a child's education record. The school must reply within 15 school days. Academies, free schools and independent schools do not have to answer this type of request.

For a child's own personal data, the organisation considers whether the child is mature enough to understand their rights. If the child is not, a person with parental responsibility can usually ask for them, unless that is not in the child's best interests.

Police records in a family case

Police disclosure in family cases follows a protocol agreed by the judiciary, police and others. The 2024 Protocol replaced the 2013 Protocol and Good Practice Model. It was revised in September 2026.

The protocol says a litigant in person asks for police disclosure by applying to the court on Form C2. You ask the court to make an order, using the standard order in Annex 5 as a basis.

Requests must be specific to the issues the court needs to decide. They must say clearly what is sought and why. The protocol says wide or unfocused requests are likely to be challenged or rejected.

You must undertake to pay the police's reasonable costs. You must also agree to use the material only for the family case and keep it secure. Once made, the order is served promptly on the police disclosure unit.

Records held by someone who is not a party

Sometimes a person or organisation that is not part of the case holds documents. The court can order them to disclose documents under rule 21.2 of the Family Procedure Rules.

The application must be supported by evidence. It can be made without notice. The court can only order it where disclosure is necessary to deal fairly with the case or to save costs. The order must say which documents, or types of document, must be disclosed.

In a children case this application is usually made on Form C2. In a financial case it is usually made on Form D11.

Experts' reports need the court's permission

You cannot put expert evidence before the court without its permission. In children cases, nobody may instruct an expert to assess a child for the case without permission either.

The rules say to ask for permission as soon as possible. In private law children cases, that means by the first hearing dispute resolution appointment (FHDRA). In financial remedy cases, it means by the first appointment.

The application must say what kind of expert you want and, if practicable, who. It must give the issues the report would cover and whether a single joint expert could be used. In children cases it must also list the questions for the expert.

An expert's duty is to help the court. That duty overrides any duty to the person who instructs or pays them.

Who you may show court papers to

Information about children cases held in private is confidential. Rule 12.73 and Practice Direction 12G set out who you may share information with without asking the court.

For example, you may share it to get advice or help with the case. This includes a lay adviser, a McKenzie friend, an Independent Domestic Violence Adviser or a pro bono legal service. You may also share it with a health professional or counsellor so that you or your child can get care.

Other sharing usually needs the court's permission. If you are unsure, ask the court before you show papers to anyone else.

Key dates

1. Within one month of your requestAn organisation must usually reply to a subject access request. It can extend this by up to two months if the request is complex.Source: official page ↗ (external source, opens in a new tab)
2. Within 15 school daysA maintained school in England must respond to a parent's request for a child's education record.Source: official page ↗ (external source, opens in a new tab)
3. By the FHDRA or the first appointmentApply for permission for expert evidence, in private law children cases or financial remedy cases.Source: official page ↗ (external source, opens in a new tab)