Alcott (No. 2)

Alcott (No. 2)

The court refused to lift section 12 AJA 1960 restrictions to allow reporting of the parties' evidence, finding no legitimate public interest and a significant risk of harm to the child's welfare. The court permitted publication of the judgment and identification of the parents, as the public interest and open justice outweighed the relatively low risk of harm to the child, given existing publicity. The court also made a section 39 order prohibiting publication of the child's name during his minority.

Parties
Applicant/father: Ben Alcott; Respondent/mother: Katy Ashworth; Subject Child: D (child); Media Applicant: News Group Newspapers Ltd (NGN); Media Applicant: Times Newspapers Limited (The Times)
Jurisdiction
England and Wales
Judgment Date
29 September 2016
Procedural Posture
Family (hague Convention 1980, Child Abduction/media Reporting) / Post Hearing, Judgment on Media Reporting Applications
Outcome
Application to lift reporting restrictions on evidence refused; application to publish judgment and identify parents granted; section 39 order made prohibiting publication of child's name.
Legal Topics
Reporting Restrictions, Open Justice, Privacy of Children, Freedom of Expression, Best Interests of the Child
Family Law Media Law Human Rights Reporting Restrictions Open Justice Privacy of Children Freedom of Expression Best Interests of the Child

Case Brief

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Parties

Ben Alcott

Applicant/father

Katy Ashworth

Respondent/mother

D (child)

Subject Child

News Group Newspapers Ltd (NGN)

Media Applicant

Times Newspapers Limited (The Times)

Media Applicant

Procedural Posture

Family (hague Convention 1980, Child Abduction/media Reporting) / Post Hearing, Judgment on Media Reporting Applications

Legal Issues

  1. 1 Whether to lift reporting restrictions under section 12 AJA 1960 to allow reporting of evidence in private family proceedings
  2. 2 Whether to permit publication of the judgment and identification of the parties
  3. 3 Whether to prohibit publication of the child's name under section 39 CYPA 1933

Ratio Decidendi

The court refused to lift section 12 AJA 1960 restrictions to allow reporting of the parties' evidence, finding no legitimate public interest and a significant risk of harm to the child's welfare. The court permitted publication of the judgment and identification of the parents, as the public interest and open justice outweighed the relatively low risk of harm to the child, given existing publicity. The court also made a section 39 order prohibiting publication of the child's name during his minority.

Court Disposition

Application to lift reporting restrictions on evidence refused; application to publish judgment and identify parents granted; section 39 order made prohibiting publication of child's name.

Orders

  • Refusal to lift section 12 AJA 1960 restriction on reporting evidence.
  • Permission to publish judgment with identification of parents.