A Local Authority v The Mother & Ors

A Local Authority v The Mother & Ors

It is inappropriate for the Family Court to make the reporting restriction orders sought, as the criminal trial judge is better placed to consider the balance of rights and interests, particularly given the involvement of the media and the fact that some of the professionals are witnesses in the criminal proceedings.

Parties
Applicant: A Local Authority; First Respondent: The Mother; Second Respondent: The Father; Third and Fourth Respondents: The Children (via their Childrens Guardian); Fifth Respondent: The Fifth Respondent; Interested Party: CAFCASS; Interested Party: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
28 October 2022
Procedural Posture
Family / Application for Reporting Restriction Orders
Outcome
Application dismissed
Legal Topics
Reporting Restrictions, Anonymity Orders, Article 8 ECHR, Article 10 ECHR, Open Justice
Family Law Criminal Law Reporting Restrictions Anonymity Orders Article 8 ECHR Article 10 ECHR Open Justice

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Parties

A Local Authority

Applicant

The Mother

First Respondent

The Father

Second Respondent

The Children (via their Childrens Guardian)

Third and Fourth Respondents

The Fifth Respondent

Fifth Respondent

CAFCASS

Interested Party

Crown Prosecution Service

Interested Party

Procedural Posture

Family / Application for Reporting Restriction Orders

Legal Issues

  1. 1 Whether the Family Court should grant reporting restriction orders regarding the identification of social workers and CAFCASS officers involved in care proceedings and related criminal trial.

Ratio Decidendi

It is inappropriate for the Family Court to make the reporting restriction orders sought, as the criminal trial judge is better placed to consider the balance of rights and interests, particularly given the involvement of the media and the fact that some of the professionals are witnesses in the criminal proceedings.

Court Disposition

Application dismissed

Orders

  • No reporting restriction orders granted