Tortoise Media v A Local Authority in Wales & Ors
[2024] EWFC 306 (B)
C (A Child) (Care Proceedings – Publication of Judgment), Re
9 July 2024
[2024] EWFC 228 (B)
Family Court
A court case about a child's care was finished, but the judge had to decide if the details could be made public. There were serious problems with the local council and the police. The judge said the public should know about these problems, but the child's identity must be protected. So, the court's decision will be published with lots of private information removed.
Key Facts
- •Care proceedings were withdrawn.
- •Significant failings by a Local Authority and Police Force were identified.
- •Concerns raised regarding risk of identification of the child and family.
- •Public interest in publication of the judgment was debated.
- •Live police investigation was ongoing.
- •Child has a life-limiting condition.
Legal Principles
The test for publication is not the best interests of the child, but their welfare is a relevant consideration.
Administration of Justice Act 1960, section 12 and Children Act 1989, section 97(2)
Balancing exercise between ECHR Articles 6 (fair hearing), 8 (private and family life), and 10 (freedom of expression).
Re J (A Child) [2013] EWHC 2694 (Fam), Re S (Identification: Restrictions on Publication) [2004] UKHL 47, A Local Authority v W, L, W, T and R [2005] EWHC 1564 (Fam)
No presumption that Article 8 (private life) carries more weight than Article 10 (freedom of expression).
Re J (A minor) [2016] EWHC 2595
Guidance promotes understanding and confidence in Family Court proceedings, balancing individual and public rights.
Wigan BC v Fisher and Thomas [2015] EWFC 34
Powers to anonymise professionals should be exercised with care, balancing public accountability and open justice.
Tickle v Herefordshire County Council & Ors [2022] EWHC 1017 (Fam), Herefordshire Council v AB [2018] EWFC 10
Outcomes
Judgment to be published in redacted and anonymised form.
High public interest in issues surrounding Local Authority social work practice and children's social care, outweighing the risk of identification, despite the child's vulnerability.
Anonymisation of frontline social workers and police officers.
Naming individuals adds nothing to the judgment, and anonymisation protects their privacy and safety.
Local Authority and Police Force to be identified only as 'Local Authority in Wales' and 'Police Force in Wales'.
Naming specific bodies may undermine efforts to anonymise other identifying details.
Specific redactions and anonymisations to be undertaken by the Local Authority's solicitor.
To minimise the risk of identification whilst maintaining the judgment's intelligibility and usefulness.