The baby P had died. Criminal proceedings against a parent were awaited, but the court considered now an application to disclose the result of the fact finding proceedings. There was a report critical as to the management of the family involved by the authorities. The local authority sought restriction of publication.
Held: Pater Jackson J said: ‘In this case the balance falls in favour of disclosure of the fact-finding judgment, but not the Schedule of Failings, to identified legal advisers to the media for an identified purpose and subject to strict controls. My reasons are as follows:
(1) The media lawyers need to know the nature of the court’s findings to allow them to consider the justification for the continuing reporting restrictions on an informed basis.
(2) This is particularly so in the case where the conduct of public agencies is under scrutiny.
(3) I do not anticipate any harm or unfairness coming to the parties to the proceedings or to any agencies as a result of this limited, controlled disclosure. The conditions I shall impose will effectively prevent any leaking of the information beyond legal advisers.
(4) This can reassure family members and eliminate any risk of prejudice to other proceedings.
(5) Delaying a decision until these proceedings are concluded will achieve nothing, and would create expense and delay while the media was put in the picture at that point.
(6) The Schedule of Failings is a detailed document from a single source, the Children’s Guardian. It is not necessary or appropriate for this to be disclosed to the media at this time. All the necessary information is in the judgment.’ Restrictions wer set out as to the way the material could be used, an in particular that it was to be available to the legal advisers only.
Peter Jackson J
[2014] EWHC 2596 (Fam)
Bailii
Children, Media, Local Government
Updated: 21 December 2021; Ref: scu.537198