Medway Council v Root (5) [2018] EWHC 1299 (Fam) (11 May 2018)

Medway Council v Root (5) [2018] EWHC 1299 (Fam) (11 May 2018)

Ms Root breached the 2017 injunction order by publishing details relating to care proceedings on Facebook, including references to affidavits, care proceedings, and circumstances of removal. Procedural defects did not cause injustice or unfairness to Ms Root, so strike out was refused. No breach of the 2011 order was established to the required standard. A suspended custodial sentence was imposed to mark disapproval and secure future compliance.

Citation
[2018] EWHC 1299 (Fam)
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 / Final Judgment on Committal Application, Reporting Restrictions, and Publication of Judgments
Outcome
Committal application partially granted; breaches of 2017 order established; suspended custodial sentence imposed; suspended committal order from 2017 discharged; reporting restriction order continued; judgments to be published with anonymisation.
Legal Topics
Injunctions, Reporting Restrictions, Publication of Judgments, Committal for Contempt, Care Proceedings, Children's Anonymity
Family Law Contempt of Court Media Law Injunctions Reporting Restrictions Publication of Judgments Committal for Contempt Care Proceedings +1 more

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Parties

Medway Council

Applicant

Sara Jayne Root

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether Ms Root breached injunction and reporting restriction orders by publishing details of care proceedings on social media
  2. 2 Whether procedural defects in service and amendment of committal application warrant strike out
  3. 3 Whether breaches of orders are proved to the criminal standard

Ratio Decidendi

Ms Root breached the 2017 injunction order by publishing details relating to care proceedings on Facebook, including references to affidavits, care proceedings, and circumstances of removal. Procedural defects did not cause injustice or unfairness to Ms Root, so strike out was refused. No breach of the 2011 order was established to the required standard. A suspended custodial sentence was imposed to mark disapproval and secure future compliance.

Court Disposition

Committal application partially granted; breaches of 2017 order established; suspended custodial sentence imposed; suspended committal order from 2017 discharged; reporting restriction order continued; judgments to be published with anonymisation.

Orders

  • 6 month prison sentence for Breaches 3 and 4 (concurrent), 3 month prison sentence for Breaches 5 and 8 (concurrent), total 6 months suspended for 12 months on condition of compliance with injunction
  • Suspended committal order made by HHJ Polden discharged