Raza v Gall
[2023] EWFC 181 (B)
A Local Authority v AB & Anor
26 April 2024
[2024] EWFC 143 (B)
Family Court
A mom repeatedly shared her child's details online despite court orders saying not to. The judge was very unhappy, and the mom was sent to jail for two months because she didn't stop and didn't show any regret.
Key Facts
- •Local Authority brought proceedings concerning a young girl, EF.
- •Mother, AB, repeatedly breached court orders prohibiting publication of information identifying EF.
- •AB posted on TikTok identifying EF, the judge, legal representatives, social workers, and nursery staff.
- •AB failed to engage with the court process, disinstructed solicitors, and did not attend hearings.
- •Local Authority applied for AB's committal for contempt of court.
- •AB was 20 weeks pregnant at the time of the hearing.
Legal Principles
Prohibition on publishing material identifying children involved in family court proceedings.
Section 97, Children Act 1989
Publication of information relating to private proceedings can be contempt of court.
Section 12, Administration of Justice Act 1960
Court considers culpability and harm caused when determining sanction for contempt.
HM Attorney General v Crosland [2021] UKSC 15
In cases of contempt, the court aims to mark disapproval and secure future compliance.
Hale v Tanner [2000] EWCA Civ 5570
The deliberate defiance of prohibitions on recording and publishing family proceedings must result in substantial punishment.
HM Solicitor General v Wong [2023] EWHC 2966 (Fam)
Outcomes
AB found in contempt of court.
AB repeatedly and deliberately breached court orders prohibiting publication of identifying information about EF. She failed to engage with the court process and showed no remorse.
Sentence of two months' imprisonment imposed.
The court considered a fine insufficient given the seriousness of the contempt, the lack of remorse, and the continued non-engagement of AB. An immediate custodial sentence was deemed necessary to protect the child and uphold the authority of the court.