Medway Council v Root (4)

Medway Council v Root (4)

The injunction prohibiting publication of information relating to the care proceedings should continue, as the respondent's ongoing and escalating publication of sensitive information causes ongoing emotional harm and distress to the children, outweighing her Article 10 rights. The non-molestation order is granted for the elder child due to a long course of molestation by publication, but not for the younger child due to lack of jurisdiction. Reporting restrictions are to continue in relation to the committal proceedings, subject to procedural compliance and notice to the press, to prevent undermining the injunction and protect the children's privacy.

Parties
Applicant: Medway Council; Respondent: Sara Jayne Root
Jurisdiction
England and Wales
Judgment Date
15 March 2018
Procedural Posture
Family / Judgment After Hearing of Applications for Injunctions, Non Molestation Orders, Discharge of Injunction, and Reporting Restrictions
Outcome
Injunction continued and amended; non-molestation order granted for elder child; non-molestation order refused for younger child; reporting restrictions continued with procedural directions.
Legal Topics
Injunctions, Non Molestation Orders, Reporting Restrictions, Freedom of Expression, Right to Privacy, Care Proceedings, Contempt of Court
Family Law Human Rights Injunctions Non Molestation Orders Reporting Restrictions Freedom of Expression Right to Privacy Care Proceedings +1 more

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Parties

Medway Council

Applicant

Sara Jayne Root

Respondent

Procedural Posture

Family / Judgment After Hearing of Applications for Injunctions, Non Molestation Orders, Discharge of Injunction, and Reporting Restrictions

Legal Issues

  1. 1 Whether the injunction prohibiting publication of information relating to care proceedings should be discharged or continued
  2. 2 Whether non-molestation orders should be granted to protect the children from further publication of personal information
  3. 3 Whether reporting restrictions should continue in relation to committal proceedings

Ratio Decidendi

The injunction prohibiting publication of information relating to the care proceedings should continue, as the respondent's ongoing and escalating publication of sensitive information causes ongoing emotional harm and distress to the children, outweighing her Article 10 rights. The non-molestation order is granted for the elder child due to a long course of molestation by publication, but not for the younger child due to lack of jurisdiction. Reporting restrictions are to continue in relation to the committal proceedings, subject to procedural compliance and notice to the press, to prevent undermining the injunction and protect the children's privacy.

Court Disposition

Injunction continued and amended; non-molestation order granted for elder child; non-molestation order refused for younger child; reporting restrictions continued with procedural directions.

Orders

  • The injunction prohibiting publication of information relating to the care proceedings is continued, amended to include all relevant case numbers, to last until 20 November 2023 or further order, with a penal notice attached.
  • A non-molestation order is granted in favour of the elder child against the respondent.