B County Council v R & Anor [2007] EWHC 2742 (Fam) (22 November 2007)

B County Council v R & Anor [2007] EWHC 2742 (Fam) (22 November 2007)

The court determined that the parents' actions in publishing information and exhorting others not to adopt the children constituted a direct threat to the children's welfare and the adoption process. The continuation of injunctive relief was a proportionate and necessary response to protect the children's best interests and prevent frustration of court orders.

Citation
[2007] EWHC 2742 (Fam)
Parties
Applicant: B County Council; Respondent: R
Jurisdiction
England and Wales
Judgment Date
22 November 2007
Procedural Posture
Family Law Injunction Application / Post Care and Placement Orders, Application for Continuation of Injunctive Relief
Outcome
Injunctive relief continued and amended as appropriate; application granted.
Legal Topics
Injunctions, Adoption, Care Orders, Publication Restrictions, Freedom of Expression, Children's Welfare
Family Law Child Protection Human Rights Injunctions Adoption Care Orders Publication Restrictions Freedom of Expression +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

B County Council

Applicant

R

Respondent

Procedural Posture

Family Law Injunction Application / Post Care and Placement Orders, Application for Continuation of Injunctive Relief

Legal Issues

  1. 1 Whether to continue and amend an injunction restricting publication of information relating to children subject to care and placement orders
  2. 2 Balancing Articles 8 and 10 ECHR in the context of parental publication and attempts to frustrate adoption

Ratio Decidendi

The court determined that the parents' actions in publishing information and exhorting others not to adopt the children constituted a direct threat to the children's welfare and the adoption process. The continuation of injunctive relief was a proportionate and necessary response to protect the children's best interests and prevent frustration of court orders.

Court Disposition

Injunctive relief continued and amended as appropriate; application granted.

Orders

  • Continuation and amendment of injunction restricting publication of information identifying the children, their parents, adopters, doctors, schools, or carers.
  • Mandatory order requiring removal of such information from any internet website under the control of persons served with the order.