Medway Council v Root (5)

Medway Council v Root (5)

The court found that Ms Root breached the 2017 injunction order by publishing details relating to the care proceedings on Facebook (Breaches 3, 4, 5, and 8), but did not breach the 2011 order as the posts did not amount to 'details specific to the proceedings as set out within court papers' nor did they come into...

Source-derived case information.

Parties
Applicant: Medway Council; Respondent: Sara Jayne Root
Jurisdiction
England and Wales
Judgment Date
11 May 2018
Procedural Posture
Committal Application (contempt of Court) in Family Proceedings / Judgment After Hearing of Committal Application, Reporting Restrictions, and Publication of Judgments
Outcome
Committal application allowed in part; respondent found in contempt for breaches of the 2017 order; custodial sentence imposed but suspended; reporting restriction order and injunction continued; suspended committal order discharged.
Legal Topics
Committal for Contempt, Injunctions, Reporting Restrictions, Publication of Judgments, Care Proceedings, Breach of Court Orders
Family Law Contempt of Court Committal for Contempt Injunctions Reporting Restrictions Publication of Judgments Care Proceedings Breach of Court Orders

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Parties

Medway Council

Applicant

Sara Jayne Root

Respondent

Procedural Posture

Committal Application (contempt of Court) in Family Proceedings / Judgment After Hearing of Committal Application, Reporting Restrictions, and Publication of Judgments

Legal Issues

  1. 1 Whether the respondent breached injunction and reporting restriction orders by publishing information relating to care proceedings on social media
  2. 2 Whether procedural defects in service and amendment of the committal application warranted striking out the application
  3. 3 Whether the breaches established justified a custodial sentence and if so, whether it should be suspended

Ratio Decidendi

The court found that Ms Root breached the 2017 injunction order by publishing details relating to the care proceedings on Facebook (Breaches 3, 4, 5, and 8), but did not breach the 2011 order as the posts did not amount to 'details specific to the proceedings as set out within court papers' nor did they come into 'possession' of unauthorised persons as required by the 2011 order. Procedural defects in service and amendment did not cause injustice to Ms Root and did not warrant striking out the application, except for two breaches that were improperly included. The breaches justified a custodial sentence, but in light of recent compliance and mitigation, the sentence was suspended for 12...

Court Disposition

Committal application allowed in part; respondent found in contempt for breaches of the 2017 order; custodial sentence imposed but suspended; reporting restriction order and injunction continued; suspended committal order discharged.

Orders

  • Sara Jayne Root sentenced to 6 months' imprisonment for Breaches 3 and 4 (to run concurrently) and 3 months for Breaches 5 and 8 (to run concurrently), total 6 months, suspended for 12 months on condition of compliance with the injunction order made today.
  • Suspended committal order made by HHJ Polden discharged.