Lambeth London Borough Council (applicant) v (1) S (2) C (3) v (4) J (by his children’s guardian n) (respondents) & (1) Commissioner of Police of the Metropolis (2) Secretary of State for the Home Department (intervenors) [2007]

1 FLR 152, [2006] EWHC 326 (Fam)

05/03/2008

Barrister

John Tughan QC

Court

High Court

Summary

The High Court held that the family court could not order a blood sample lawfully retained by the police, or the DNA profile derived from it, to be used to establish parentage in care proceedings, since that was not a purpose described in the Police and Criminal Evidence Act 1984 s.64(1A) and the prohibition on other uses was compatible with the European Convention on Human Rights 1950 Art.8.