KRD v PTL

KRD v PTL

The court adopts the approach of the Family Court Transparency Pilot, allowing reporting by accredited reporters subject to restrictions that preserve the anonymity and privacy of the children and family. Certain professionals may be named, but not local authority social workers or clinicians. Sensitive personal and identifying information is restricted from publication, with limited gisting permitted where necessary for understanding the case. Applications for further disclosure by reporters must be made to the court. The balance of Article 8 and 10 rights, and the best interests of the children, justify these restrictions.

Parties
Applicant: KRD; Respondent: PTL
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Family Law Reporting Restrictions / Judgment on Applications for Reporting Restriction Order and Relaxation of Section 12 AJA
Outcome
Reporting Restriction Order granted with modifications; relaxation of section 12 AJA refused except as permitted for accredited reporters under specified conditions.
Legal Topics
Reporting Restrictions, Children's Rights, Freedom of Expression, Privacy, Anonymity Orders
Family Law Media Law Human Rights Reporting Restrictions Children's Rights Freedom of Expression Privacy Anonymity Orders

Case Brief

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Parties

KRD

Applicant

PTL

Respondent

Procedural Posture

Family Law Reporting Restrictions / Judgment on Applications for Reporting Restriction Order and Relaxation of Section 12 AJA

Legal Issues

  1. 1 Whether to grant a Reporting Restriction Order (RRO) to prevent identification of children
  2. 2 Whether to relax section 12 Administration of Justice Act 1960 to permit disclosure of information from proceedings
  3. 3 What information can be reported and by whom, balancing Articles 8 and 10 ECHR

Ratio Decidendi

The court adopts the approach of the Family Court Transparency Pilot, allowing reporting by accredited reporters subject to restrictions that preserve the anonymity and privacy of the children and family. Certain professionals may be named, but not local authority social workers or clinicians. Sensitive personal and identifying information is restricted from publication, with limited gisting permitted where necessary for understanding the case. Applications for further disclosure by reporters must be made to the court. The balance of Article 8 and 10 rights, and the best interests of the children, justify these restrictions.

Court Disposition

Reporting Restriction Order granted with modifications; relaxation of section 12 AJA refused except as permitted for accredited reporters under specified conditions.

Orders

  • Reporting Restriction Order made preventing identification of the children and restricting publication of specified sensitive information.
  • Accredited reporters may apply to see certain documents and for further disclosure if necessary for reporting.