LF v A NHS Trust & Ors [2022] EWCOP 8 (07 March 2022)

LF v A NHS Trust & Ors [2022] EWCOP 8 (07 March 2022)

The application to discharge the reporting restrictions is refused because lifting them would conflict with G's best interests, jeopardise her transition to and security at A Home, and undermine the court-approved care plan. The balance of rights currently favours maintaining the restrictions to protect G's privacy and welfare, as the father's Article 10 rights are outweighed by G's Article 8 rights in these circumstances.

Citation
[2022] EWCOP 8
Parties
Applicant: LF; First Respondent: A NHS Trust; Second Respondent: G (by her litigation friend, the Official Solicitor); Third Respondent: M CCG; Intervener: BBC (Intervener)
Jurisdiction
England and Wales
Judgment Date
07 March 2022
Procedural Posture
Court of Protection Application / Application to Discharge Reporting Restrictions
Outcome
Application to discharge reporting restrictions refused
Legal Topics
Reporting Restrictions, Article 8 ECHR, Article 10 ECHR, Best Interests, Transparency Orders
Mental Capacity Human Rights Media Law Reporting Restrictions Article 8 ECHR Article 10 ECHR Best Interests Transparency Orders

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Parties

LF

Applicant

A NHS Trust

First Respondent

G (by her litigation friend, the Official Solicitor)

Second Respondent

M CCG

Third Respondent

BBC (Intervener)

Intervener

Procedural Posture

Court of Protection Application / Application to Discharge Reporting Restrictions

Legal Issues

  1. 1 Whether reporting restrictions protecting G's anonymity should be discharged
  2. 2 How to balance Article 8 (right to private and family life) and Article 10 (freedom of expression) rights in the context of ongoing Court of Protection proceedings

Ratio Decidendi

The application to discharge the reporting restrictions is refused because lifting them would conflict with G's best interests, jeopardise her transition to and security at A Home, and undermine the court-approved care plan. The balance of rights currently favours maintaining the restrictions to protect G's privacy and welfare, as the father's Article 10 rights are outweighed by G's Article 8 rights in these circumstances.

Court Disposition

Application to discharge reporting restrictions refused

Orders

  • Reporting restriction order to remain in force
  • No variation to the existing transparency order