Children Act 1989, section 97

Privacy for children involved in certain proceedings

Part XII Miscellaneous and General

F978(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)No person shall publish[F979 to the public at large or any section of the publicF979] any material which is intended, or likely, to identify—

(a)any child as being involved in any proceedings before [F980the High CourtF980][F981 or the family courtF981] in which any power under this Act [F982or the Adoption and Children Act 2002F982] may be exercised by the court with respect to that or any other child; or

(b)an address or school as being that of a child involved in any such proceedings.

(3)In any proceedings for an offence under this section it shall be a defence for the accused to prove that he did not know, and had no reason to suspect, that the published material was intended, or likely, to identify the child.

(4)The court or the [F983Lord ChancellorF983] may, if satisfied that the welfare of the child requires it [F984and, in the case of the Lord Chancellor, if the Lord Chief Justice agreesF984] , by order dispense with the requirements of subsection (2) to such extent as may be specified in the order.

(5)For the purposes of this section—

  • “publish” includes—

    (a)

    [F985 include in a programme service (within the meaning of the Broadcasting Act 1990);F985]

    (b)

    cause to be published; and

  • “material” includes any picture or representation.

(6)Any person who contravenes this section shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.

[F986 (6A)It is not a contravention of this section to—

(a)enter material in the Adoption and Children Act Register (established under section 125 of the Adoption and Children Act 2002), or

(b)permit persons to search and inspect that register pursuant to regulations made under section 128A of that Act.F986]

F987(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F987(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F988 (9)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (4).F988]

Definitions used in section 97 6

child

16 (1) In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of eighteen, that person.

Defined in Sch.1 para.16(1) · see it in the full Act

“child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;

Defined in s.105(1) · see it in the full Act
the court

(7) For the purposes of this Act “the court” means the High Court or the family court .

Defined in s.92(7) · see it in the full Act
school

“school” has the same meaning as in the Education Act 1996 or, in relation to Scotland, in the Education (Scotland) Act 1980 ;

Defined in s.105(1) · see it in the full Act
the order

(a) an order under paragraph 1(2)(a) or (b) for the making or securing of periodical payments in favour of more than one child (“the order") is in force;

Defined in Sch.1 para.6(9) · see it in the full Act
service

“service”, in relation to any provision made under Part III, includes any facility;

Defined in s.105(1) · see it in the full Act
functions

“functions” includes powers and duties;

Defined in s.105(1) · see it in the full Act

Cases considering section 97 97

Louise Tickle & Anor v The BBC & Ors

[2025] EWCA Civ 42 · 24 January 2025Limits

The section protects the identity of children involved in specified proceedings. It does not displace open justice, establish shielded justice or confer anonymity on judges and professionals. (see paras [45]; [54]-[55]; [59])

Griffiths v Tickle & Ors

[2021] EWCA Civ 1882 · 10 December 2021Interprets

Section 97 formed part of the automatic identification restrictions during Children Act proceedings. The court declined to decide the father’s new challenge to its construction and applied the established Article 8 and Article 10 balancing framework. (see paras [44]-[54]; [72]-[76]) Section 97(2) prohibited publication likely to identify a child involved in specified proceedings while those proceedings continued. The court treated it as a restriction requiring justification when it interfered with competing Convention rights. (see paras [44]-[46]; [70]-[71]) The father’s proposed construction confined the power to dispense with section 97(2) to cases where the child’s welfare required publication. The court refused to permit that late challenge and did not finally determine the provision’s construction. (see paras [45]-[46]; [72]-[76])

A (Children), Re

[2020] EWCA Civ 448 · 25 March 2020Interprets

The provision was treated as protecting a child’s identity, while the court recognised that confidentiality in care proceedings extends beyond that statutory protection. (see paras [25]-[26]; [32]-[34]) The subsection was treated as prohibiting publication of material likely to identify a child involved in care proceedings; it did not exhaust the wider confidentiality relevant to disclosure. (see paras [25]; [32]-[34])

77 more judgments, and what each says about section 97, are in the case-law panel in the full Act.

Amendments and notes

15 notes from legislation.gov.uk

Amendments

  1. F978S. 97(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 75(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  2. F979Words in s. 97(2) inserted (12.4.2005) by Children Act 2004 (c. 31), s. 62(1); S.I. 2005/847, art. 2
  3. F980Words in s. 97(2) inserted (27.9.1999) by 1999 c. 22, ss. 72, 108(3) (with s. 107, Sch. 14 para. 7(2))
  4. F981Words in s. 97(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 75(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  5. F982Words in s. 97(1)(2) inserted (30.12.2005) by 2002 c. 38, ss. 101(3), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(h)
  6. F983Words in s. 97(4) substituted (1.4.1992) by S.I. 1992/709, art. 3(2), Sch. 2 (with art. 5(2)).
  7. F984Words in s. 97(4) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 208(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)
  8. F985Words in s. 97(5) substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 53
  9. F986S. 97(6A) inserted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 7(7), 139(6); S.I. 2014/889, art. 5(b)
  10. F987S. 97(7)(8) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 75(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  11. F988S. 97(9) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 208(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)

Modifications

  1. C77S. 97 applied by 2014 anaw 4, s. 125C (as inserted (E.W.) (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 308)
  2. C78S. 97(2) excluded (27.9.1999) by 1999 c. 22, ss. 105, 108(1), Sch. 14 Pt. IV para. 18 (with s. 107, Sch. 14 para. 7(2))
  3. C79S. 97(4): functions of the Secretary of State transferred to the Lord Chancellor (1.4.1992) by S.I. 1992/709, art. 3(1), Sch. 2 (with art. 5(2)).

Commencement

  1. I81S. 97 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)