Tortoise Media Limited v A Local Authority & Ors

Tortoise Media Limited v A Local Authority & Ors

Given the parents' names are already in the public domain and the significant public interest, the media may publish the parents' names and photographs (with consent), and the local authority's name, but not the children's names or those of other family members. However, publication of proceedings is delayed until the conclusion of the police investigation or any criminal proceedings, whichever is later, to protect the integrity of the investigation and the children's interests. The court declines to order removal of previously published lawful media articles.

Parties
Applicant: Tortoise Media Limited; First Respondent: A Local Authority; Second Respondent: The Mother; Third Respondent: The Father; Fourth Respondent (child, Via Guardian): X; Fifth Respondent (child, Via Guardian): Y
Jurisdiction
England and Wales
Judgment Date
21 November 2024
Procedural Posture
Family Law (public Law Children Proceedings) / Case Management; Application for Reporting Restrictions/transparency Order
Outcome
Application for transparency order granted in part; reporting permitted with restrictions and delayed publication.
Legal Topics
Reporting Restrictions, Transparency in Family Proceedings, Children's Welfare, Freedom of Expression, Right to Privacy, Police Disclosure, Care Proceedings
Family Law Media Law Human Rights Reporting Restrictions Transparency in Family Proceedings Children's Welfare Freedom of Expression Right to Privacy +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Tortoise Media Limited

Applicant

A Local Authority

First Respondent

The Mother

Second Respondent

The Father

Third Respondent

X

Fourth Respondent (child, Via Guardian)

Y

Fifth Respondent (child, Via Guardian)

Procedural Posture

Family Law (public Law Children Proceedings) / Case Management; Application for Reporting Restrictions/transparency Order

Legal Issues

  1. 1 Whether to permit reporting of ongoing family proceedings before factual findings or welfare outcome
  2. 2 Whether to allow publication of parents' names and photographs, and naming of local authority
  3. 3 Whether to delay reporting until conclusion of police investigation/criminal proceedings

Ratio Decidendi

Given the parents' names are already in the public domain and the significant public interest, the media may publish the parents' names and photographs (with consent), and the local authority's name, but not the children's names or those of other family members. However, publication of proceedings is delayed until the conclusion of the police investigation or any criminal proceedings, whichever is later, to protect the integrity of the investigation and the children's interests. The court declines to order removal of previously published lawful media articles.

Court Disposition

Application for transparency order granted in part; reporting permitted with restrictions and delayed publication.

Orders

  • Accredited media may publish the names and photographs of the parents (with consent) and the name of the local authority and Head of Service, but not the children's names or those of other family members.
  • No reporting of the proceedings until the conclusion of the police investigation or any criminal proceedings, whichever is later.