Derbyshire County Council v Shannon Marsden & Ors

Derbyshire County Council v Shannon Marsden & Ors

The press are entitled to disclosure of the specified documents from the care proceedings, subject to redaction to protect the privacy and anonymity of Child A and carers. The names of the Lay Justices and Legal Adviser may also be published, as open justice and public accountability apply to their roles and no specific circumstances justify anonymity.

Parties
Applicant: Derbyshire County Council; First Respondent: Shannon Marsden; Second Respondent: Stephen Boden; Third and Fourth Respondents: The Carers; Fifth Respondent: Child A (A Child, through the Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Family Law Care Proceedings / Application for Disclosure of Documents to Media
Outcome
Application for disclosure granted, subject to redactions; permission to publish names of Lay Justices and Legal Adviser granted.
Legal Topics
Disclosure of Documents, Care Proceedings, Reporting Restrictions, Open Justice, Anonymity of Professionals
Family Law Media Law Child Protection Disclosure of Documents Care Proceedings Reporting Restrictions Open Justice Anonymity of Professionals

Case Brief

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Parties

Derbyshire County Council

Applicant

Shannon Marsden

First Respondent

Stephen Boden

Second Respondent

The Carers

Third and Fourth Respondents

Child A (A Child, through the Children’s Guardian)

Fifth Respondent

Procedural Posture

Family Law Care Proceedings / Application for Disclosure of Documents to Media

Legal Issues

  1. 1 Whether media organisations should be granted disclosure of documents from care proceedings
  2. 2 Whether the names of Lay Justices and Legal Adviser can be published

Ratio Decidendi

The press are entitled to disclosure of the specified documents from the care proceedings, subject to redaction to protect the privacy and anonymity of Child A and carers. The names of the Lay Justices and Legal Adviser may also be published, as open justice and public accountability apply to their roles and no specific circumstances justify anonymity.

Court Disposition

Application for disclosure granted, subject to redactions; permission to publish names of Lay Justices and Legal Adviser granted.

Orders

  • Specified documents from the care proceedings to be disclosed to the media, subject to agreed redactions to protect Child A and carers’ privacy.
  • The press may publish the names of the Lay Justices and Legal Adviser involved in the case.