A Council v M & Ors (Judgment 3: Reporting Restrictions)

A Council v M & Ors (Judgment 3: Reporting Restrictions)

The risks to private and family life of the children and vulnerable adult are exceptional and the injunction sought is an absolute necessity. The proposed infringement of Article 10 is partial, not absolute, as reporting of the trial and wider issues is permitted provided identification is prevented. The order is proportionate and necessary to protect the children and vulnerable adult from substantial harm.

Parties
Applicant: A Council; Respondent: M; Respondent: F; Respondent: A; Respondent: B; Respondent: C; Respondent: D
Jurisdiction
England and Wales
Judgment Date
20 July 2012
Procedural Posture
Application for Reporting Restriction Order / Judgment on Scope and Duration of Reporting Restrictions
Outcome
Reporting restriction order granted, preventing identification of family members including the defendant in criminal proceedings.
Legal Topics
Reporting Restrictions, Care Proceedings, Criminal Proceedings, Freedom of Expression, Privacy, Child Protection
Family Law Human Rights Law Media Law Reporting Restrictions Care Proceedings Criminal Proceedings Freedom of Expression Privacy +1 more

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Parties

A Council

Applicant

M

Respondent

F

Respondent

A

Respondent

B

Respondent

C

Respondent

D

Respondent

Procedural Posture

Application for Reporting Restriction Order / Judgment on Scope and Duration of Reporting Restrictions

Legal Issues

  1. 1 Whether reporting restrictions should prevent identification of family members in care and criminal proceedings
  2. 2 Whether the scope of the reporting restriction order should include the defendant in criminal proceedings
  3. 3 Balancing Article 8 (privacy) and Article 10 (freedom of expression) rights

Ratio Decidendi

The risks to private and family life of the children and vulnerable adult are exceptional and the injunction sought is an absolute necessity. The proposed infringement of Article 10 is partial, not absolute, as reporting of the trial and wider issues is permitted provided identification is prevented. The order is proportionate and necessary to protect the children and vulnerable adult from substantial harm.

Court Disposition

Reporting restriction order granted, preventing identification of family members including the defendant in criminal proceedings.

Orders

  • Order prohibits publication of names, addresses, pictures, or identifying details of the children and parents if likely to lead to identification as parties to proceedings, in foster care, adopted from X or Y, involved with artificial insemination, or criminal charges against M.
  • Order has effect until 29 June 2029, D’s 18th birthday.