S v H & B

S v H & B

The court approved by consent a less restrictive reporting restriction order and a limited variation of the Children Act order, allowing communication with the press provided the child and fathers are not identified, as all parties agreed and the current restrictions were not justified in their breadth.

Parties
Applicant: S; Respondent: H; Respondent: B; Guardian: Guardian (child's guardian); Interested Party: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
23 October 2015
Procedural Posture
Family / Application to Vary Reporting Restriction Order and Related Children Act Order
Outcome
Application allowed by consent to the extent of agreed variations; new reporting restriction order made; limited variation of Children Act order granted.
Legal Topics
Reporting Restrictions, Freedom of Expression, Children Act 1989, Anonymity in Family Proceedings
Family Law Media Law Reporting Restrictions Freedom of Expression Children Act 1989 Anonymity in Family Proceedings

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Parties

S

Applicant

H

Respondent

B

Respondent

Guardian (child's guardian)

Guardian

Associated Newspapers Limited

Interested Party

Procedural Posture

Family / Application to Vary Reporting Restriction Order and Related Children Act Order

Legal Issues

  1. 1 Whether to vary or relax the reporting restriction order of 30 April 2015
  2. 2 Whether to vary paragraphs 6 and 7 of the Children Act order of 30 April 2015 restricting communication about the case

Ratio Decidendi

The court approved by consent a less restrictive reporting restriction order and a limited variation of the Children Act order, allowing communication with the press provided the child and fathers are not identified, as all parties agreed and the current restrictions were not justified in their breadth.

Court Disposition

Application allowed by consent to the extent of agreed variations; new reporting restriction order made; limited variation of Children Act order granted.

Orders

  • Reporting restriction order of 30 April 2015 discharged and replaced with a less restrictive order by consent.
  • Mother permitted to communicate with the press about the case, provided no identification of the child or fathers occurs.