Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Practical aspects to assessing competence in children
Rebecca Stevens, Partner, Royds Withy KingThis is an article regarding the practical aspects to assessing competence in children. The article explores a range of practicalities, such as meeting a...
Scrumping the crop of recent pension decisions
Rhys Taylor, 36 Family and 30 Park PlaceJonathan Galbraith, Mathieson Consulting2020 has thus far proved to be a memorable year for all the wrong reasons, but nonetheless it remains an interesting one...
Conduct in financial remedies – when is it now a relevant consideration?
Rachel Gillman, 1 GC/Family LawThis article provides an overview of all aspects of financial misconduct following the recent decision of Mostyn J in OG v AG [2020] EWFC 52, wherein all aspects of...
The treatment of RSUs/Stock Options in light of XW v XH
Peter Mitchell QC, 29 Bedford RowStock Options and Restricted Stock Units (RSUs) are frequently encountered by the Family Court when dividing property on divorce or dissolution of a Civil Partnership....
Hundreds of thousands of companies worldwide fall victims to hackers every year. Is your firm one of them?
SPONSORED CONTENT Image source: Information is beautifulYou and other lawyers and legal assistants in your firm likely have accounts on the hacked websites listed in the image above. If a hacker...
View all articles
Authors

HUMAN RIGHTS: Re LM (Reporting Restrictions: Coroner's Request) [2007] EWHC 1902 (Fam)

Sep 29, 2018, 16:34 PM
Slug : re-lm-reporting-restrictions-coroner-s-request-2007-ewhc-1902-fam
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Aug 1, 2007, 04:22 AM
Article ID : 85467

(Family Division; Sir Mark Potter P; 1 August 2007)

The child's younger brother and older sister had died in suspicious circumstances. In civil proceedings it was found that the death of the older sister had been caused by the mother's physical ill-treatment of her. The child was removed into foster care and advertised for adoption.

An inquest into the death of the older sister was opened and the judge who had heard the civil proceedings made an order that the Coroner should return the matter to the Family Division before taking any steps which might lead to the identity of the child becoming known in the public domain. Notwithstanding the order, the child's guardian, supported by the local authority and the parents, sought a reporting restriction to protect the child being identified in connection with the inquest, which would include an order preventing the press and other media from reporting the names and addresses not only of the child but also of the parents and the siblings. Times Newspapers Limited and the BBC argued that in accordance with the principles laid out in Re S (A Child) (Identification: Restrictions on Publication) [2005] 1 AC 593 reporting restrictions relating to the mother, the father and the two siblings could not be justified.

The main issue was whether the interference with the child's Art 8 rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950, which would result from the identification of her mother and siblings, could be justified.

The Art 10 rights of the media were not outweighed by the child's Art 8 rights. In a situation where a child has suffered from a homicide in the family there are inevitable difficulties. Publicising the mother's identity and that of the older sister would not act as a barrier to the future adoption of the child. Sufficient likelihood of lasting harm to the child which was directly referable to the publicity, as distinct from the general background, could not be established. It was not likely that the death of the older sister was a news story with the potential to reappear repeatedly in the future. The principles laid down in Re S could be applied to inquest proceedings, concerned as they were with the public examination of circumstances surrounding the death of an individual in circumstances calling for an inquiry.

Reporting restrictions were ordered in respect of the child's identity only. The media would not be prevented from identifying the mother, father and siblings.

Categories :
  • Archive
  • Judgments
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from