Durham County Council v D & Ors

Public judgments may properly identify local authorities and other professionals whose work deserves praise. The public interest is served by presenting a balanced account of the family justice system. If criticism warrants identification of those responsible, the same principle may justify naming those whose competence, dedication and professionalism merit recognition. The principle applies to social workers, experts, lawyers, guardians and other participants in family proceedings.

Following complex care proceedings, Mr Justice Munby delivered this public judgment to repeat observations from an earlier judgment given in private. The proceedings themselves remained private. The judgment recognised the exceptional assistance provided by Durham County Council’s social workers, guardians, experts, counsel and solicitors, and explained why their professional contribution should be publicly acknowledged.

1. The court endorsed the observation in Re X (Emergency Protection Orders) that the ordinary experience of the family courts is that social workers and social services departments provide valuable professional work directed to the needs of children and families. The judge confirmed that this accorded with his own experience.

2. The reasoning in Re B; X Council v B was approved and applied by analogy. Where the public interest justifies naming a local authority which merits criticism, the same public interest may justify naming a competent local authority whose work deserves praise. Otherwise the public may receive a distorted impression of the family justice system.

3. The same principle extends beyond local authorities to the other professionals involved in family justice. A court may publicly acknowledge dedicated and highly professional assistance from social workers, experts, lawyers, guardians and others, where the circumstances justify doing so.

4. The judgment therefore publicly recorded the court’s appreciation of the named professionals involved in the complex care proceedings, while preserving the privacy of the proceedings and the family.