LM, Re

LM, Re

The court held that while LM's Article 8 rights warranted protection against identification, the evidence did not establish that broader reporting restrictions on the names of her parents and deceased siblings were justified or proportionate. The risk of harm to LM from such publicity was not sufficient to outweigh the strong principle of open justice and the Article 10 rights of the media. Accordingly, only limited restrictions preventing identification of LM, her carers, and her school were granted.

Parties
Applicant: A Local Authority; Respondent: First Respondent; Respondent: Second Respondent; Guardian: Guardian; Interested Party: HM Coroner; Interested Party: The Media (Times Newspapers Limited and BBC)
Jurisdiction
England and Wales
Judgment Date
01 August 2007
Procedural Posture
Family / Judgment on Application for Reporting Restrictions Prior to Inquest
Outcome
Partial grant of reporting restrictions
Legal Topics
Reporting Restrictions, Article 8 ECHR, Article 10 ECHR, Open Justice, Child Welfare, Inquest Proceedings
Family Law Media Law Human Rights Reporting Restrictions Article 8 ECHR Article 10 ECHR Open Justice Child Welfare +1 more

Case Brief

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Parties

A Local Authority

Applicant

First Respondent

Respondent

Second Respondent

Respondent

Guardian

Guardian

HM Coroner

Interested Party

The Media (Times Newspapers Limited and BBC)

Interested Party

Procedural Posture

Family / Judgment on Application for Reporting Restrictions Prior to Inquest

Legal Issues

  1. 1 Whether reporting restrictions should be imposed to prevent identification of LM and her family during inquest proceedings
  2. 2 Balancing Article 8 rights of the child against Article 10 rights of the media

Ratio Decidendi

The court held that while LM's Article 8 rights warranted protection against identification, the evidence did not establish that broader reporting restrictions on the names of her parents and deceased siblings were justified or proportionate. The risk of harm to LM from such publicity was not sufficient to outweigh the strong principle of open justice and the Article 10 rights of the media. Accordingly, only limited restrictions preventing identification of LM, her carers, and her school were granted.

Court Disposition

Partial grant of reporting restrictions

Orders

  • Order prohibiting publication of any reference to the identity or existence of LM, her carers, or her school, or any information likely to lead to her identification.
  • No order prohibiting publication of the names or photographs of LM's parents or deceased siblings.