T (A Child) (No.2) (Transparency: Publication of the Party’s Names), Re
The public interest in publication of the judgment naming the parents outweighs the Article 8 rights of the mother and children, provided the children are not named. The judgment will be published with the parents' names but the children will be identified only by random initials, protecting their privacy while serving open justice and enabling the children to access the court's findings.
- Parties
- Applicant: Mother; Respondent: Father
- Jurisdiction
- England and Wales
- Judgment Date
- 11 October 2024
- Procedural Posture
- Family Law Children Proceedings / Judgment on Publication and Anonymisation of Party Names
- Outcome
- Judgment to be published naming the parents; children to remain anonymised.
- Legal Topics
- Anonymisation of Judgments, Publication of Family Court Judgments, Children's Rights to Privacy, Open Justice, Balancing Article 8 and Article 10 ECHR
Case Brief
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Parties
Mother
Applicant
Father
Respondent
Procedural Posture
Family Law Children Proceedings / Judgment on Publication and Anonymisation of Party Names
Legal Issues
- 1 Whether the judgment should be published in an anonymised or unanonymised form
- 2 Whether the parties and/or children should be named in the published judgment
- 3 Balancing Article 8 (right to private and family life) and Article 10 (freedom of expression) ECHR
Ratio Decidendi
The public interest in publication of the judgment naming the parents outweighs the Article 8 rights of the mother and children, provided the children are not named. The judgment will be published with the parents' names but the children will be identified only by random initials, protecting their privacy while serving open justice and enabling the children to access the court's findings.
Court Disposition
Judgment to be published naming the parents; children to remain anonymised.
Orders
- The judgment will be published in an anonymised form now.
- When T turns 18, the judgment will be published naming the parents but not the children; the children will be identified by random initials.
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