A (A Minor), Re

A (A Minor), Re

The Article 8 rights of the child (A) require protection by a reporting restriction order, but the Article 8 rights of the mother and other adult family members are outweighed by the Article 10 rights of the media and the public interest in reporting the investigation of the deaths and the involvement of social services. The order is limited to protecting the child and, to a lesser extent, the grandmother only where identification would lead to identification of the child. The wider order sought by the mother is refused.

Parties
Applicant: A Local Authority; First Respondent: A mother; Second Respondent: F; Third Respondent: A grandmother; Fourth Respondent: A (by her children's guardian); Respondents to the Application for a Reporting Restriction Order: News Group Newspapers Ltd, Mirror Group Newspapers Ltd, Newsquest Ltd
Jurisdiction
England and Wales
Judgment Date
08 July 2011
Procedural Posture
Care Proceedings / Application for Reporting Restriction Order / Contested Application for Reporting Restriction Order in Ongoing Care Proceedings
Outcome
Reporting restriction order granted in part; refused in part
Legal Topics
Reporting Restrictions, Article 8 ECHR (right to Private and Family Life), Article 10 ECHR (freedom of Expression), Article 6 ECHR (right to a Fair Trial), Children Act Proceedings, Contempt of Court, Press Freedom, Privacy, Public Interest
Family Law Media Law Human Rights Reporting Restrictions Article 8 ECHR (right to Private and Family Life) Article 10 ECHR (freedom of Expression) Article 6 ECHR (right to a Fair Trial) Children Act Proceedings +4 more

Case Brief

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Parties

A Local Authority

Applicant

A mother

First Respondent

F

Second Respondent

A grandmother

Third Respondent

A (by her children's guardian)

Fourth Respondent

News Group Newspapers Ltd, Mirror Group Newspapers Ltd, Newsquest Ltd

Respondents to the Application for a Reporting Restriction Order

Procedural Posture

Care Proceedings / Application for Reporting Restriction Order / Contested Application for Reporting Restriction Order in Ongoing Care Proceedings

Legal Issues

  1. 1 Whether reporting restriction order should extend to prevent identification of adult family members in addition to the child
  2. 2 Whether the Article 8 rights of the mother and family members outweigh the Article 10 rights of the media
  3. 3 Whether the publication of information already in the public domain justifies further publication

Ratio Decidendi

The Article 8 rights of the child (A) require protection by a reporting restriction order, but the Article 8 rights of the mother and other adult family members are outweighed by the Article 10 rights of the media and the public interest in reporting the investigation of the deaths and the involvement of social services. The order is limited to protecting the child and, to a lesser extent, the grandmother only where identification would lead to identification of the child. The wider order sought by the mother is refused.

Court Disposition

Reporting restriction order granted in part; refused in part

Orders

  • Reporting restriction order made protecting the identity of the child (A) and, in limited circumstances, the grandmother, with detailed provisions as to what may not be published if it would lead to identification of the child.
  • Order prohibits approaching or photographing the mother within 500 metres of contact with the child.