B County Council v R & Anor

B County Council v R & Anor

The parents' actions in publishing identifying information and exhorting prospective adopters not to adopt directly imperil the children's welfare and adoption process; injunctive relief is proportionate and necessary to protect the children's best interests as determined by the court.

Parties
Applicant: B County Council; Respondent: R
Jurisdiction
England and Wales
Judgment Date
22 November 2007
Procedural Posture
Family Law Application / Post Care and Placement Orders; Application for Injunctive Relief
Outcome
Application for injunctive relief granted and renewed; prohibitory and mandatory orders continued.
Legal Topics
Adoption, Care Orders, Injunctions, Freedom of Expression, Privacy
Family Law Child Protection Human Rights Adoption Care Orders Injunctions Freedom of Expression Privacy

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Parties

B County Council

Applicant

R

Respondent

Procedural Posture

Family Law Application / Post Care and Placement Orders; Application for Injunctive Relief

Legal Issues

  1. 1 Whether parents may publish information identifying children subject to care and placement orders
  2. 2 Whether injunctive relief restricting publication and contact is proportionate and lawful

Ratio Decidendi

The parents' actions in publishing identifying information and exhorting prospective adopters not to adopt directly imperil the children's welfare and adoption process; injunctive relief is proportionate and necessary to protect the children's best interests as determined by the court.

Court Disposition

Application for injunctive relief granted and renewed; prohibitory and mandatory orders continued.

Orders

  • Parents restrained from publishing identifying information about the children, their carers, and prospective adopters.
  • Parents restrained from seeking to contact or locate the children, their school, or persons with knowledge of their whereabouts.