UK judge permits article concerning proceedings involving children in family court

The family division of the UK High Court has granted permission to a member of the press to report on a court case involving children in care.   

The journalist sought permission from the Court to report anonymously on the proceedings. The journalist wished to interview the mother at the centre of the case and prepare an in-depth report into the care system and the family law courts. The mother had already published her own thoughts and experiences on social media.

The application was successful and the journalist was granted access to court papers and transcripts in relation to the case. The judge weighed up the balance of public interest and interests of privacy of those concerned.  The judge permitted a relaxation of the provisions of section 12 of the Administration of Justice Act 1960, the English and Welsh statutory provision for the publication of information relating to proceedings taking place in private. The only restriction placed upon the journalist came in relation to any identifying details of the children involved, whereby any information which could potentially determine their names or location was to be omitted or altered in order to prevent jigsaw identification of the minors.

There has been a move to open up transparency in the Children’s Court in Ireland. The Child Care Law Reporting Project was established under section 3 of the Child Care (Amendment) Act 2007. Directed by Dr. Carol Coulter, the project’s function is to research and report on legal proceedings before the family courts pertaining to the care of children. Such reporting aims to promote a better understanding of the procedure and mechanisms used, while also aiming to inform policy debate and reform in the area.

Click here for the full judgment.

Click here for section 12 of the Administration of Justice Act 1960.

Click here for section 3 of the Child Care (Amendment) Act 2007. 

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