What must a head of an institution or organisation show to avoid the penalty attached to submitting false materials or refusing a lookup in a family case?
General information · Not legal advice
Material to check
In practice material of this kind, we read the lookup request the head received, the materials actually sent in reply, and any written explanation stating the reason for refusing or for sending different materials, since the provision turns on those facts.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading reads the provision as it stands: where a head of an institution or organisation has received a lookup applied through the Family Litigation Act from the lookup provisions of the Civil Execution Act, submitting false materials, or refusing to submit, without just cause, exposes that head to a fine of the amount the provision sets.
Another reading notes that the provision sets two separate triggers — false materials, and refusal — and leaves open what counts as false and what reason qualifies as just cause, so the penalty depends on facts the text itself does not define.
Your judgment
If a head claims a just cause for refusing the lookup, what in the file would show that the reason was genuine rather than a cover for withholding materials?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to state what counts as false materials or as just cause, or if a court decision applies the penalty to a particular kind of refusal.