XY Twins Inflicted Injury (Naming Perpetrator), Re

XY Twins Inflicted Injury (Naming Perpetrator), Re

Publication of Emily Waters' name is necessary and proportionate to protect future children, ensure transparency, and address safeguarding gaps in an unregulated profession. Anonymisation is not justified as publication does not risk identifying the children, and existing safeguards relying on Ms Waters' assurances are insufficient given her dishonesty. The emotional impact on Ms Waters is regrettable but does not outweigh the public interest and safeguarding imperative.

Parties
Advocate for Local Authority: Sian Cox; Advocate for Mother: Jonathan Sampson KC; Advocate for Mother: Susan Quin; Advocate for Father: Joanne Brown KC; Advocate for Father: Tim Potter; Advocate for Children: Tim Hussein; Advocate for Children: Claire Fox; Advocate for Emily Waters: John Thornton; Advocate for Nurse 1: David Jockelson; Self Represented: Nurse 2; Intervener/perpetrator: Emily Waters
Jurisdiction
England and Wales
Judgment Date
02 November 2025
Procedural Posture
Family / Post Fact Finding Judgment on Publication/anonymisation
Outcome
Application to publish judgment naming Emily Waters as perpetrator granted.
Legal Topics
Anonymisation, Open Justice, Publication of Judgments, Article 8 ECHR, Article 10 ECHR, Safeguarding, Professional Regulation
Family Law Child Protection Human Rights Anonymisation Open Justice Publication of Judgments Article 8 ECHR Article 10 ECHR +2 more

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Parties

Sian Cox

Advocate for Local Authority

Jonathan Sampson KC

Advocate for Mother

Susan Quin

Advocate for Mother

Joanne Brown KC

Advocate for Father

Tim Potter

Advocate for Father

Tim Hussein

Advocate for Children

Claire Fox

Advocate for Children

John Thornton

Advocate for Emily Waters

David Jockelson

Advocate for Nurse 1

Nurse 2

Self Represented

Emily Waters

Intervener/perpetrator

Procedural Posture

Family / Post Fact Finding Judgment on Publication/anonymisation

Legal Issues

  1. 1 Should the published judgment identify Emily Waters as perpetrator of the children's injuries?
  2. 2 Is publication of her name necessary and proportionate given Article 8 and Article 10 ECHR rights?
  3. 3 Does publication risk identifying the children or breach safeguarding principles?

Ratio Decidendi

Publication of Emily Waters' name is necessary and proportionate to protect future children, ensure transparency, and address safeguarding gaps in an unregulated profession. Anonymisation is not justified as publication does not risk identifying the children, and existing safeguards relying on Ms Waters' assurances are insufficient given her dishonesty. The emotional impact on Ms Waters is regrettable but does not outweigh the public interest and safeguarding imperative.

Court Disposition

Application to publish judgment naming Emily Waters as perpetrator granted.

Orders

  • Fact-finding judgment to be published naming Emily Waters as perpetrator, subject to delay until conclusion of criminal process.
  • Parents' request for permission to identify themselves deferred to subsequent hearing.