Cases

Norfolk County Council v Webster & Others

Held

Lifting the s.97(2) order and permitting media access to the forthcoming care hearing, (i) The Court is able to dispense with the prohibition on publication under s.97(2) 'if the welfare of the child requires it' (s. 97(4)). This should not be construed restrictively. s.97(4) must be read down in such a way as to permit the court to lift the prohibition in s.97(2) where Convention rights, such as Art 10, require it. A restrictive approach would have been both anomalous and contrary to practice. (ii) Rule 4.16(7) - making privacy the default position for family proceedings - must be applied compatibly with the Convention: In re S (A Child) (HL) [2005] 1 AC applied. The exercise of the court's discretion will seek to balance all interests. The parental wishes, youth of the child and previous publicity weighed in favour of open justice.

Also