Local Authority v Health Authority & Anor

Local Authority v Health Authority & Anor

The court has inherent jurisdiction to restrain publication of the Report where it is necessary and proportionate to protect the welfare and Article 8 rights of children and vulnerable adults. The Report, in its present form, is likely to cause harm through press intrusion and disruption, outweighing the public interest in publication. Injunction granted restraining publication of Volume 1.

Parties
Applicant: A Local Authority; First Respondent: A Health Authority; Second Respondent: Ms A; Intervener: Official Solicitor; Interested Party: Adoption Agency (the Agency)
Jurisdiction
England and Wales
Judgment Date
27 November 2003
Procedural Posture
Family Division Application Under Inherent Jurisdiction / Judgment
Outcome
Application to publish Volume 1 of the Report refused in its present form; injunction granted restraining publication.
Legal Topics
Inherent Jurisdiction, Publication of Reports, Article 8 ECHR, Article 10 ECHR, Protection of Vulnerable Adults, Child Welfare, Confidentiality, Local Authority Powers
Family Law Public Law Human Rights Inherent Jurisdiction Publication of Reports Article 8 ECHR Article 10 ECHR Protection of Vulnerable Adults +3 more

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Parties

A Local Authority

Applicant

A Health Authority

First Respondent

Ms A

Second Respondent

Official Solicitor

Intervener

Adoption Agency (the Agency)

Interested Party

Procedural Posture

Family Division Application Under Inherent Jurisdiction / Judgment

Legal Issues

  1. 1 Did the local authority have statutory power to set up the inquiry?
  2. 2 Does the court have jurisdiction to restrain publication of the Report?
  3. 3 Where lies the balance between interests of objectors and public interest in publication?

Ratio Decidendi

The court has inherent jurisdiction to restrain publication of the Report where it is necessary and proportionate to protect the welfare and Article 8 rights of children and vulnerable adults. The Report, in its present form, is likely to cause harm through press intrusion and disruption, outweighing the public interest in publication. Injunction granted restraining publication of Volume 1.

Court Disposition

Application to publish Volume 1 of the Report refused in its present form; injunction granted restraining publication.

Orders

  • Injunction restraining local authority from publishing Volume 1 of the Report in its present form.
  • Declaration granted protecting vulnerable adults under Article 8 ECHR.