CHF & Ors, R (On the Application Of) v Newick Church of England Primary School & Anor [2021] EWCA Civ 613 (28 April 2021)

CHF & Ors, R (On the Application Of) v Newick Church of England Primary School & Anor [2021] EWCA Civ 613 (28 April 2021)

The anonymity order, properly construed, already prohibited disclosure of the parents' names if that would lead to identification of the children. The judge erred in treating the parents' request as an application to extend the order, rather than a request for clarification. The order must be amended to make explicit that the parents' names are not to be disclosed if that would identify the children.

Citation
[2021] EWCA Civ 613
Parties
Appellants: CHF & Others; First Respondent: The Headteacher and Governing Body of Newick Church of England Primary School; Second Respondent: East Sussex County Council; Interested Party: PA Media
Jurisdiction
England and Wales
Judgment Date
28 April 2021
Procedural Posture
Judicial Review Appeal / Appeal From High Court (administrative Court) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Anonymity Orders, Open Justice, Article 8 ECHR, Article 10 ECHR, Children's Rights, Reporting Restrictions
Civil Procedure Media Law Human Rights Anonymity Orders Open Justice Article 8 ECHR Article 10 ECHR Children's Rights +1 more

Case Brief

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Parties

CHF & Others

Appellants

The Headteacher and Governing Body of Newick Church of England Primary School

First Respondent

East Sussex County Council

Second Respondent

PA Media

Interested Party

Procedural Posture

Judicial Review Appeal / Appeal From High Court (administrative Court) to Court of Appeal

Legal Issues

  1. 1 Whether the anonymity order should extend to anonymise the parents' names to protect the children's identities
  2. 2 Whether the judge erred in refusing to extend or clarify the anonymity order

Ratio Decidendi

The anonymity order, properly construed, already prohibited disclosure of the parents' names if that would lead to identification of the children. The judge erred in treating the parents' request as an application to extend the order, rather than a request for clarification. The order must be amended to make explicit that the parents' names are not to be disclosed if that would identify the children.

Court Disposition

Appeal allowed

Orders

  • Paragraph 1 of the Judge's order is discharged.
  • Paragraphs 10 and 11 of Linden J's order are amended to prohibit disclosure of the Claimants' names or details that might identify the children, and require anonymisation of both Claimants and children in court documents.