A Local Authority v The Mother & Ors

A Local Authority v The Mother & Ors

The risk of jigsaw identification is real and immediate due to extensive information already in the public domain; the welfare and privacy of the vulnerable children outweigh the public interest in naming the Local Authority and professionals, so anonymity is preserved.

Parties
Applicant: A Local Authority; 1st Respondent: the mother; 2nd Respondent: the father; 3rd Respondent: A & B (by their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
11 May 2020
Procedural Posture
Care Proceedings / Post Contested Hearing, Judgment on Anonymity and Publication
Outcome
Anonymity granted; Local Authority and social workers not named in published judgment.
Legal Topics
Anonymity in Judgments, Jigsaw Identification, Balancing Article 8 and Article 10 Rights, Transparency in Family Courts
Family Law Child Protection Human Rights Anonymity in Judgments Jigsaw Identification Balancing Article 8 and Article 10 Rights Transparency in Family Courts

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Parties

A Local Authority

Applicant

the mother

1st Respondent

the father

2nd Respondent

A & B (by their Children’s Guardian)

3rd Respondent

Procedural Posture

Care Proceedings / Post Contested Hearing, Judgment on Anonymity and Publication

Legal Issues

  1. 1 Should the Local Authority and social workers be named in the published judgment given the risk of jigsaw identification of the children?
  2. 2 How should the court balance the competing rights of children's privacy and public interest in transparency?

Ratio Decidendi

The risk of jigsaw identification is real and immediate due to extensive information already in the public domain; the welfare and privacy of the vulnerable children outweigh the public interest in naming the Local Authority and professionals, so anonymity is preserved.

Court Disposition

Anonymity granted; Local Authority and social workers not named in published judgment.

Orders

  • Judgment to be published with strict preservation of anonymity for children and family members.
  • Press may apply to challenge the anonymity order.