H v A (No.2)

H v A (No.2)

The risk of 'jigsaw identification' from publication of the anonymised judgment does not, on the evidence, create a real and immediate risk to the life or emotional wellbeing of the children and mother sufficient to outweigh the strong public interest in open justice and freedom of expression. The information is already in the public domain, and the evidence of harm from further publication is speculative and unsupported. Therefore, the judgment should be published in its original form, accompanied by a reporting restriction order prohibiting publication of the names and whereabouts of the children and mother.

Parties
Applicant: H; Respondent: A
Jurisdiction
England and Wales
Judgment Date
17 September 2015
Procedural Posture
Family / Application for Reporting Restriction Order and Publication of Judgment
Outcome
Application for reporting restriction order granted in part; judgment to be published in original form with reporting restriction order.
Legal Topics
Reporting Restrictions, Anonymity, Open Justice, Freedom of Expression, Right to Private and Family Life, Children's Welfare, Publication of Judgments, Jigsaw Identification
Family Law Human Rights Reporting Restrictions Anonymity Open Justice Freedom of Expression Right to Private and Family Life Children's Welfare +2 more

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Parties

H

Applicant

A

Respondent

Procedural Posture

Family / Application for Reporting Restriction Order and Publication of Judgment

Legal Issues

  1. 1 Whether the judgment should be published in its original form given the risk of 'jigsaw identification' leading to the identification of the children and mother
  2. 2 Whether a reporting restriction order should be made prohibiting publication of the identity and whereabouts of the mother and children, and if so, its scope

Ratio Decidendi

The risk of 'jigsaw identification' from publication of the anonymised judgment does not, on the evidence, create a real and immediate risk to the life or emotional wellbeing of the children and mother sufficient to outweigh the strong public interest in open justice and freedom of expression. The information is already in the public domain, and the evidence of harm from further publication is speculative and unsupported. Therefore, the judgment should be published in its original form, accompanied by a reporting restriction order prohibiting publication of the names and whereabouts of the children and mother.

Court Disposition

Application for reporting restriction order granted in part; judgment to be published in original form with reporting restriction order.

Orders

  • Judgment to be published in its original format.
  • Reporting restriction order prohibiting publication of the names and whereabouts of the children and mother, howsoever ascertained, including from information already in the public domain.