A local authority applied for a reporting restriction order. The Italian mother when pregnant suffered mental illness. She ceased treatment to protect her unborn child and became psychotic and delusional and was detained in a mental hospital. She had had two previous births by caesarian section, and the doctors view was that a natural birth carried very serious risks and they had obtained an order that the child be born by caesarian. Later the Council had obtained a care order for the child thus born, and then an order freeing her for adoption. The mother continued to fight for the return of her child.
Held: The court noted the extent of incorrect and uninformed comment on the case, but noted also that given the privacy attached to such proceedings under the rules and traditionally, such misinformation was in part at least understood.
Given the extremes faced by the mother she had a right to speak out.
Munby P made again points made in earlier cases: ‘First, that ‘It is not the role of the judge to seek to exercise any kind of editorial control over the manner in which the media reports information which it is entitled to publish’. Second, that ‘Comment and criticism may be ill-informed and based, it may be, on misunderstanding or misrepresentation of the facts [but the] fear of such criticism, however justified that fear may be, and however unjustified the criticism, is . . not of itself a justification for prior restraint by injunction of the kind being sought here, even if the criticism is expressed in vigorous, trenchant or outspoken terms . . or even in language which is crude, insulting and vulga”. Third, that ‘It is no part of the function of the court exercising the jurisdiction I am being asked to apply to prevent the dissemination of material because it is defamatory . . If what is published is defamatory, the remedy is an action for defamation, not an application in the Family Division for an injunction.”
Sir James Munby P
[2013] EWHC 4048 (Fam)
Bailii
England and Wales
Citing:
See Also – Re P FD 13-Dec-2013
A local council applied for a reporting restriction order in the context of a case as to which there had been substantial public discussion and conflict.
Held: As to the child involved: ‘the arguments in favour of the continuing anonymisation . .
Cited – Re B-S (Children) CA 17-Sep-2013
The mother had been refused leave to oppose her child’s adoption. She now appealed.
Held: A court facing such an application faced two questions: Has there been a change in circumstances? If not, that is the end of the matter. If yes, then the . .
Cited – In re P (A Child) Misc 1-Feb-2013
Chelmsford County Court – The court heard an application by the local authority for an order freeing a child for adoption. The mother suffered a continuing mental health condition but that was presently under control.
Held: The threshold . .
Cited – In re AA COP 23-Aug-2012
The patient had been attending a course in the UK for her work. She suffered a further episode of a bipolar condition. Being pregnant she stopped taking her medication. Her mental condition deteriorated, and she was taken into secure psychiatric . .
Lists of cited by and citing cases may be incomplete.
Children, Media
Leading Case
Updated: 11 November 2021; Ref: scu.519043
