Summary
When considering an injunction affecting publication about a child, the court must determine whether Article 8 is engaged and balance it independently against Article 10. Neither right has automatic precedence. Any restriction must rest on relevant and sufficient grounds, answer a pressing social need and go no further than necessary.
A child with sufficient understanding and maturity may decide whether to disclose personal information. The court must recognise and defend that autonomy. Anonymity and restrictions on soliciting information may protect another child without suppressing the competent child’s story. Interim restraint requires a convincingly established real prospect that publication will ultimately be prohibited under section 12(3) of the Human Rights Act 1998.
Factual background
A newspaper publisher applied to vary an injunction which had protected Angela Roddy since care proceedings begun when she became pregnant aged 12. Nearly 17 and no longer subject to a care order, Angela wished to describe her experiences of teenage pregnancy, care and her child’s adoption.
The local authority accepted Angela’s capacity to decide for herself but sought protection for the anonymity of X, the putative father, and Y, Angela’s adopted child. It also contended that publication of Angela’s story might destabilise Y’s adoptive placement and initially sought temporary protection against identification of the authority.
The central issues were how Articles 8 and 10 should be balanced, whether Angela could exercise her own Convention rights, and whether the evidence justified restricting publication beyond protecting X’s and Y’s identities.
Held
The existing order was discharged and narrower injunctions were substituted. Angela could consent to publication of information identifying her. X’s anonymity remained protected until 4 December 2004, while Y’s anonymity was protected until 27 January 2018. Restrictions on soliciting information about X and Y were also imposed. Subject to further submissions, there was to be no order as to costs.
Following Re S (A Child) [2003] EWCA Civ 963, the protective jurisdiction provided a vehicle for balancing the independently engaged rights under Articles 8 and 10. Neither right was a trump card. The court had to assess whether interference with each right was proportionate, supported by relevant and sufficient grounds, responsive to a pressing social need and no greater than necessary.
Article 8 protected personal autonomy as well as secrecy. It included a person’s choice whether private experiences should remain within an inner circle or be shared with others. Communicating one’s personal history could therefore engage both Articles 8 and 10.
Angela possessed sufficient understanding and maturity to decide whether to publish her intimate personal history. The court had a duty to recognise and defend the informed choice of a competent child. Her parents’ support and the local authority’s lack of opposition were relevant but not determinative. The decision remained Angela’s.
X’s and Y’s Article 8 interests justified injunctions preserving their anonymity and restricting solicitation. A prohibition against telling their stories anonymously would interfere disproportionately with Angela’s Articles 8 and 10 rights and the publisher’s Article 10 rights. Some recognition by people already familiar with the facts was a proportionate risk.
The local authority produced no evidential foundation for its contention that publication would destabilise Y’s adoptive placement. Under section 12(3) of the Human Rights Act 1998, it had not convincingly established a real prospect of obtaining wider restraint at trial. Even if the predicted facts were proved, the public interest and Angela’s compelling claim to tell her story meant that wider restraint would probably remain disproportionate.
The court refused to require advance copies of proposed articles. Judges determine legality and whether publication would cause harm sufficient to justify restraint. They do not supervise taste, decency or journalistic presentation.
The court’s approach to earlier authorities
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Appellate history
- High Court, 2 December 2003: discharged the order of 7 July 2000 and substituted narrower injunctions protecting X and Y while permitting Angela to consent to publication identifying herself.
- High Court, 7 July 2000: discharged Johnson J’s order and made a contra mundum injunction protecting Angela and X.
- High Court, 25 May 2000: Bracewell J made care orders concerning Angela and Y.
- High Court, 26 October 1999: Johnson J replaced the earlier order and continued protection of the participants’ identities.
- High Court, 21 September 1999: Bracewell J made the original order protecting Angela’s and X’s identities.
Key cases cited
25 authorities cited.
- Gillick v West Norfolk and Wisbech Area Health Authority (Gillick v Department of Health and Social Security) [1985] UKHL 7
- J v C (C (J M) (An Infant), In re) [1970] AC 668
- S (a child), Re [2003] EWCA Civ 963
- Cream Holdings Ltd. & Ors v Banerjee & Anor [2003] EWCA Civ 103
- A v B plc (Confidential information) [2002] EWCA Civ 337
- Clibbery v Allan (Allan v Clibbery) [2002] EWCA Civ 45
- Douglas v Hello! Ltd [2001] QB 967
- X (A Woman Formerly Known As Mary Bell) & Anor v O'brien & Ors [2003] EWHC 1101 (QB)
- A & Ors, R (on the application of) v East Sussex County Council & Anor [2003] EWHC 167 (Admin)
- Kelly v British Broadcasting Corpn [2001] Fam 59
- Pretty v UK (2002) 35 EHRR 1
- Bensaid v United Kingdom (2001) 33 EHRR 205
- Clibbery v Allan [2001] 2 FLR 819
- Harris v Harris, Attorney-General v Harris [2001] 2 FLR 895
- Botta v Italy (1998) 26 EHRR 241
- In re Z (A Minor) (Identification: Restrictions on Publication) [1997] Fam 1
- Re W (Wardship: Discharge: Publicity) [1995] 2 FLR 466
- R v Central Independent Television Plc [1994] Fam 192
- In re W (A Minor) (Medical Treatment: Court’s Jurisdiction) [1993] Fam 64
- Niemietz v Germany (1993) 16 EHRR 97
- In re W (A Minor) (Wardship: Restrictions on Publication) [1992] 1 WLR 100
- In re M and N (Minors) (Wardship: Publication of Information) [1990] Fam 211
- Gaskin v United Kingdom (1990) 12 EHRR 36
- Gillick v West Norfolk and Wisbech Area Health Authority (Gillick v Department of Health and Social Security) [1984] QB 581
- In re X (A Minor) (Wardship: Jurisdiction) [1975] Fam 47
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Cases citing this case
26 later cases · 20 positive · 3 neutral · 3 caution
Most senior citing decisions:
- Griffiths v Tickle & Ors [2021] EWCA Civ 1882 applied
- M v F & Anor [2025] EWHC 801 (Fam) approved
- Denver Dorsetra Adams v Amazon Digital UK Ltd [2024] EWHC 3338 (KB) applied
- T (A Child) (No.2) (Transparency: Publication of the Party’s Names), Re [2024] EWHC 161 (Fam)
- Kirklees Council v P & Ors [2023] EWHC 3470 (Fam)
- Louise Tickle v Father & Ors [2023] EWHC 2446 (Fam)
- LOUISE TICKLE v HEREFORDSHIRE COUNTY COUNCIL & ORS. [2022] EWHC 1017 (Fam)
- LOUISE TICKLE v ANDREW JAMES GRIFFITHS [2021] EWHC 3365 (Fam)
- HRH The Duchess of Sussex v Associated Newspapers Ltd [2021] EWHC 273 (Ch)
- London Borough of Sutton v MH (No 2) [2016] EWHC 1371 (Fam)
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