A and B (Children)

A and B (Children)

The court refused Mr Green's application for access to and publication of documents from the care proceedings, finding the risk of harm to the children, the absence of safeguards, and Mr Green's prior breaches of section 12 outweighed arguments for transparency. The court also refused to grant HCC's wide injunction, holding section 12 already prohibits the conduct and an injunction was unnecessary.

Parties
Applicant/local Authority: Hampshire County Council; Respondent/journalist: Stephen Green; Respondent/mother: Mother of A and B; Respondent/guardian: Children's Guardian; Respondent/father: Father of A and B
Jurisdiction
England and Wales
Judgment Date
20 December 2018
Procedural Posture
Family/care Proceedings / Judgment on Cross Applications for Injunction and Reporting Permission
Outcome
Applications by both Mr Green and HCC refused.
Legal Topics
Reporting Restrictions, Disclosure of Court Documents, Article 8 ECHR (right to Private and Family Life), Article 10 ECHR (freedom of Expression), Contempt of Court, Transparency in Family Proceedings
Family Law Media Law Children Law Reporting Restrictions Disclosure of Court Documents Article 8 ECHR (right to Private and Family Life) Article 10 ECHR (freedom of Expression) Contempt of Court +1 more

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Parties

Hampshire County Council

Applicant/local Authority

Stephen Green

Respondent/journalist

Mother of A and B

Respondent/mother

Children's Guardian

Respondent/guardian

Father of A and B

Respondent/father

Procedural Posture

Family/care Proceedings / Judgment on Cross Applications for Injunction and Reporting Permission

Legal Issues

  1. 1 Whether a journalist may be granted access to and publish documents from private family proceedings
  2. 2 Whether an injunction should be granted to prohibit publication of information relating to the children or proceedings
  3. 3 Balancing Article 8 rights of children and family against Article 10 rights of the press

Ratio Decidendi

The court refused Mr Green's application for access to and publication of documents from the care proceedings, finding the risk of harm to the children, the absence of safeguards, and Mr Green's prior breaches of section 12 outweighed arguments for transparency. The court also refused to grant HCC's wide injunction, holding section 12 already prohibits the conduct and an injunction was unnecessary.

Court Disposition

Applications by both Mr Green and HCC refused.

Orders

  • Mr Green's application for disclosure and publication of documents refused.
  • HCC's application for an injunction refused.