Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'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...
Latest articles
Disabled women more than twice as likely to experience domestic abuse
The latest data from the Office of National Statistics shows that, in the year ending March 2020, around 1 in 7 (14.3%) disabled people aged 16 to 59 years experienced any form of domestic abuse in...
The President of the Family Division endorses Public Law Working Group report
The Courts and Tribunals Judiciary has published a message from the President of the Family Division, Sir Andrew McFarlane, in which the President endorses the publication of the President’s...
HMCTS updates online divorce services guidance
HM Courts and Tribunals Service have recently updated the online divorce services guidance with the addition of guides for deemed and dispensed service applications, alternative service...
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
The suspension, during lockdown, of prison visits for children: was it lawful?
Jake Richards, 9 Gough ChambersThis article argues that the suspension on prison visits during this period and the deficiency of measures to mitigate the impact of this on family life and to protect...
View all articles

CARE/PUBLICITY: Re Webster; Norfolk County Council v Webster, BBC, Associated Newspapers Ltd and Archant Group [2006] EWHC 2733 (Fam)

Sep 29, 2018, 17:28 PM
Slug : re-webster-norfolk-county-council-v-webster-bbc-associated-newspapers-ltd-and-archant-group-2006-ewhc-2733-fam
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Nov 7, 2006, 11:17 AM
Article ID : 86675

(Family Division; Munby J; 2 November 2006)

The couple's three children had been taken into care and adopted, on the basis of, inter alia, allegations of physical abuse which the parents continued to deny. When the mother became pregnant with the fourth child, the parents moved to Ireland in an effort to evade further care proceedings, and publicised their story, arousing considerable media interest. On the parents' return, the local authority instituted care proceedings in respect of the fourth child. Severe reporting restrictions had been imposed. The media sought to lift those restrictions, and also sought permission to attend and to report on the care proceedings.

Having weighed the competing interests of open justice and confidentiality in children proceedings, the court considered that the reporting restrictions had been too wide and further that the media ought to be given access to the care proceedings in question. Four factors in particular were significant: the claim that the case involved a miscarriage of justice; the parents' own wish for publicity; the very extensive publicity there had already been; and the need for the full facts and the 'truth' to emerge in a way which would command public confidence. It was not clear what additional risks the child was likely to run if exposed to further publicity, given that the child's first name and his photograph were already in the public domain, and that many were already aware of the true identity of the parents. There was no disproportionate interference with the child's rights in permitting him and his parents to be identified by their real surname, while any greater degree of restraint would involve a disproportionate interference with the rights of the parents. The trial judge would retain the ultimate right to control access by the media to any hearing and it might be that there would be some particular part of the hearing during which it would be right to exclude them, perhaps, for example, while a particular witness was giving evidence. There might also be questions which could only be resolved at the hearing as to whether some category of witnesses, or a particular witness, should be entitled to anonymity.

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