R (A Child)

R (A Child)

The reporting restrictions order made by HHJ Levey was set aside due to procedural irregularities, including failure to reference the existing Court of Appeal judgment, failure to consider relevant case-law, and failure to conduct the required Article 8/Article 10 balancing exercise. The appeal was allowed by consent, and a new reporting restriction order will be made. The court declined to impose further restrictions on reporting the mother's country of origin as this information was already in the public domain.

Parties
First Appellant: Miss Louise Tickle; Second Appellant: BBC; Respondent: Mother; Respondent: Southampton Council Legal (Local Authority); Respondent: Child (by Guardian)
Jurisdiction
England and Wales
Judgment Date
15 February 2019
Procedural Posture
Appeal (family Law) / Appeal Against Reporting Restrictions Order; Determination of Consent Order and Related Principles
Outcome
Appeal allowed
Legal Topics
Reporting Restrictions, Transparency in Family Courts, Article 8 ECHR (right to Private and Family Life), Article 10 ECHR (freedom of Expression), Procedural Fairness
Family Law Media Law Human Rights Reporting Restrictions Transparency in Family Courts Article 8 ECHR (right to Private and Family Life) Article 10 ECHR (freedom of Expression) Procedural Fairness

Case Brief

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Parties

Miss Louise Tickle

First Appellant

BBC

Second Appellant

Mother

Respondent

Southampton Council Legal (Local Authority)

Respondent

Child (by Guardian)

Respondent

Procedural Posture

Appeal (family Law) / Appeal Against Reporting Restrictions Order; Determination of Consent Order and Related Principles

Legal Issues

  1. 1 Whether the reporting restrictions order made by HHJ Levey was procedurally and substantively correct
  2. 2 Whether the welfare of the child should take priority in determining reporting restrictions
  3. 3 Whether the mother's country of origin should be further restricted from publication

Ratio Decidendi

The reporting restrictions order made by HHJ Levey was set aside due to procedural irregularities, including failure to reference the existing Court of Appeal judgment, failure to consider relevant case-law, and failure to conduct the required Article 8/Article 10 balancing exercise. The appeal was allowed by consent, and a new reporting restriction order will be made. The court declined to impose further restrictions on reporting the mother's country of origin as this information was already in the public domain.

Court Disposition

Appeal allowed

Orders

  • Order made by HHJ Levey imposing reporting restrictions set aside
  • BBC joined as second appellant