Stuart Black & Anor v Kaspars Kalvans & Ors

Stuart Black & Anor v Kaspars Kalvans & Ors

The court determined that the applicants' Article 8 and Article 10 rights to publish their story outweigh the need for absolute confidentiality, provided sensitive and private information about the children is protected, and the integrity of child protection processes is maintained. Publication is permitted subject...

Source-derived case information.

Parties
Applicant: Stuart Black; Applicant: Inta Romane; Respondent: Kaspars Kalvans; Respondent: Surrey County Council; Respondent: The Children (through their children’s guardian)
Jurisdiction
England and Wales
Judgment Date
20 March 2025
Procedural Posture
Application / Judgment
Outcome
Application granted in part; section 12 restrictions relaxed to permit publication subject to safeguards.
Legal Topics
Special Guardianship, Publication Restrictions, Confidentiality, Freedom of Expression, Children's Welfare
Family Law Child Protection Privacy Law Special Guardianship Publication Restrictions Confidentiality Freedom of Expression Children's Welfare

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Parties

Stuart Black

Applicant

Inta Romane

Applicant

Kaspars Kalvans

Respondent

Surrey County Council

Respondent

The Children (through their children’s guardian)

Respondent

Procedural Posture

Application / Judgment

Legal Issues

  1. 1 Whether to relax or remove section 12 Administration of Justice Act 1960 restrictions to permit publication of applicants' story
  2. 2 Balancing Article 8 (right to private and family life) and Article 10 (freedom of expression) rights
  3. 3 Protection of children's welfare and privacy in publication

Ratio Decidendi

The court determined that the applicants' Article 8 and Article 10 rights to publish their story outweigh the need for absolute confidentiality, provided sensitive and private information about the children is protected, and the integrity of child protection processes is maintained. Publication is permitted subject to safeguards, including clinical psychological review of the final draft and restrictions on reproducing certain documents and sensitive details.

Court Disposition

Application granted in part; section 12 restrictions relaxed to permit publication subject to safeguards.

Orders

  • Applicants may publish their story, subject to not disclosing sensitive/private information about the children.
  • Direct reproduction of child protection documents prohibited, except extracts relating to possible removal of children.