X Children, Re

The High Court may use its inherent jurisdiction urgently to protect children and buttress family proceedings, including by temporarily restricting publication of events occurring in a public place. The court must balance the children’s welfare and legitimate private interests against the public interest and freedom of the press. A short reporting injunction may be proportionate where it gives children time to receive distressing news sensitively, rather than through the media. The jurisdiction is powerful and should be used with care, but the court may act swiftly where necessary.

Family proceedings had been transferred urgently from the Family Court to the High Court after the mother of children involved in the proceedings collapsed and died in a public access area of the court building. Photographs and reports were circulating, while the children’s identities and the family proceedings remained protected by s.97 of the Children Act 1989.

The High Court made temporary and then final orders prohibiting reporting of the incident until 9 pm. This judgment explained the legal basis for those orders, which had expired, and the proceedings were then restored to the Family Court.

1. The High Court had inherent jurisdiction to grant injunctive relief to buttress proceedings in that court and protect children who were the subject of related Family Court proceedings. The jurisdiction was described as useful and powerful, requiring careful use, but capable of being exercised rapidly when necessary.
2. The incident occurred in a public access area and was, in principle, a legitimate news story. That public dimension had to be balanced against the children’s welfare and legitimate private interests.
3. The children’s identities and the family proceedings were protected by s.97 of the Children Act 1989. The court considered that publication might cause the children to learn of their mother’s death through the internet, television or radio before family members or social workers could tell them sensitively.
4. A temporary restriction until 9 pm was a proportionate response. It created a short period in which the children could be told of the tragedy privately, while recognising press freedom and the legitimate public interest in reporting a death occurring in public.
5. The High Court proceedings were concluded and the matter was restored to the Family Court. The injunctions had expired at 9 pm.

The judgment describes an urgent transfer from the Family Court to the High Court. After the reporting injunctions expired, the proceedings were restored to the Family Court before Her Honour Judge Pemberton. No appellate decision is stated.