KRD v PTL
[2023] EWHC 1952 (Fam)
Kirklees Council v P & Ors
3 November 2023
[2023] EWHC 3470 (Fam)
High Court
A dad murdered the kids' mom. The court wanted to keep the kids' identities secret, even in the dad's murder trial, but decided against it because the information was already out there. They *did* make a rule to keep the kids' names secret in the family court case, but not the murder trial.
Key Facts
- •Marcus Osborne murdered the children's mother and another man, and raped another woman on 15 May 2023.
- •The four children (aged 10, 9, 4, and 1) were present or nearby and witnessed some of the aftermath.
- •Osborne pleaded guilty and will receive a life sentence.
- •Children are subject to interim care orders and in foster care.
- •Public law proceedings are underway.
- •A transparency order is already in place due to the Transparency Reporting Pilot.
- •The Local Authority applied for a reporting restrictions order extending to both family and criminal proceedings.
- •The BBC opposed the application.
- •The children are easily identifiable within their local community.
Legal Principles
Reporting restrictions in family proceedings
Section 12 of the Administration of Justice Act 1960 and Section 97(2) of the Children Act 1989
Balancing principle of open justice and Convention rights (Articles 6, 8, and 10)
Re J (A Child) [2013] EWHC 2694 (Fam), Re S [2004] UKHL 47
Power of the court to extend reporting restrictions beyond statutory provisions
Inherent jurisdiction of the court
Exceptional circumstances needed to justify extending reporting restrictions to criminal proceedings
Various High Court Family Division decisions
The court should not pre-empt the decision of the criminal court on reporting restrictions
Judicial precedent
Outcomes
Refusal of the application for a reporting restriction order extending to the criminal proceedings.
Extension of reporting restrictions should only be made in exceptional cases; children's identities are already known to those in the local community; criminal court better placed to consider such an order; no evidence of harm caused by reporting; risk of 'creeping prohibition'.
Grant of a reporting restriction order applying only to family court proceedings.
Necessary and proportionate to prevent identification of children in family proceedings, balancing Article 8 and 10 rights. Order is narrower than the initially proposed order.