T (A Child) (No.2) (Transparency: Publication of the Party’s Names), Re
[2024] EWHC 161 (Fam)
Hannah Summers & Anor v Kristopher Paul Arthur White & Ors
4 July 2024
[2024] EWFC 182
Family Court
A judge decided it's okay to reveal a dad's name and that he was in the army because he hurt his family and this information is important for public safety. However, the mom and child's names will stay secret to protect them.
Key Facts
- •Application for publication of the father's name and his prior military service.
- •Father (1st Respondent) had been found to have engaged in coercive and controlling behavior and sexual assault.
- •Applications supported by the mother, opposed by the father and child's guardian.
- •Father has prior convictions, including rape, already in the public domain.
- •Concerns about the impact of publication on the child and others.
- •Judge considered Article 8 (right to private and family life) and Article 10 (freedom of expression) rights.
Legal Principles
Section 12 of the Administration of Justice Act 1960 restricts publication of family proceedings information.
Tickle v Griffiths [2021] EWHC 3365 (Fam)
Section 97 of the Children Act 1989 prohibits identifying children in proceedings, but the court can relax this.
Tickle v Griffiths [2021] EWHC 3365 (Fam)
Relaxing restrictions under section 97 must comply with Convention rights and not solely welfare needs.
Norfolk County Council v Webster [2007] 1 FLR 1146
Child's interest is the primary consideration, requiring intense focus on the impact of reporting.
Re J (A Child) [2013] EWHC 2694 (fam)
Articles 8 and 10 of ECHR are balanced; conflict requires intense focus on comparative rights and proportionality.
Re S (A child) [2004] UKHL 47
Hierarchy of Article 10 rights: political speech > intellectual/educational speech > artistic speech.
Campbell v Mirror Group Newspapers [2004] 2 WLR 1232
Privacy extends to access by third parties and repeated publication; qualitative differences in intrusion matter.
Newman v Southampton City Council [2021] 1 WLR 2900
Harm to the child from publication shouldn't be assumed; objective view of reasonable expectation of privacy.
Clayton v Clayton [2006] 3 WLR 599 and Weller v Associated Newspapers Ltd [2015] EWCA Civ 1176
Outcomes
Applications granted: father's name and prior military service can be published.
Public interest in identifying the abuser outweighs the father's and child's Article 8 rights. Some information was already public, and the risk to the child is manageable given the mother's role in informing the child.
Mother and child remain anonymous.
Existing confidentiality rules apply to them.