AN -v- Cafcass Liverpool Family Court (anonymity order)

Administrative CourtCivilHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2024-MAN-000479

In the High Court of Justice
King’s Bench Division
Administrative Court
Sitting in Manchester

In the matter of an application for judicial review

17 February 2025

Before:

The Hon. Mrs Justice Hill DBE

Between:

The King
on the application of
AN
(Claimant)

-v-

Cafcass Liverpool Family Court
(First Defendant)

and

MSB Solicitors
(Second Defendant)

and

An
(Interested Party)

Order

Upon consideration of the Claimant’s claim form seeking permission to apply for judicial review and the Acknowledgments of Service and Summary Grounds of Defence filed by the Defendants and Interested Party

ORDER BY THE HON. MRS JUSTICE HILL DBE

  1. The children of the Claimant in this matter are entitled to anonymity until further order and there must be substituted for all purposes in this claim in place of references to the Claimant’s children by name, and whether orally or in writing, reference to “Child A” (for the older child) and “Child B” (for the younger one).
  2. Pursuant to CPR 39.2(4) and the Contempt of Court Act 1981, s.11 the publication or disclosure of the identity of the Claimant or of any material tending to identify the Claimant shall be prohibited.
  3. Any application by a non-party for access to documents on the court file under CPR 5.4C(1) and (3) must be made on 7 days’ notice to the parties, to allow for consideration of whether disclosure is appropriate. If any such application is approved, any document to be disclosed to a non-party must be redacted to remove the child’s name and their name substituted with “Child A” and “Child B”.
  4. The Court’s CE-file system shall be clearly marked with the words “An anonymity order was made in this case on 17 February 2025 and any application by a non-party to inspect or obtain a copy document from this file must be dealt with in accordance with the terms of that Order.”
  5. The Defendant or any non-party affected by this anonymity order may on 7 days’ notice to set it aside or vary it.
  6. The costs of obtaining this order shall be costs in the case.
  7. Pursuant to CPR 39.2(5) and the Practice Guidance: Publication of Privacy and Anonymity Orders dated 16 April 2019 a copy of this order shall be published on the Judicial Website of the High Court of Justice (www.judiciary.uk). For that purpose, a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk.

Reasons

  1. The Claimant’s judicial review claim involves consideration not only of the details of his relationship with both his children but of Family Court proceedings that have been held in private.
  2. It is widely recognised that children should be afforded anonymity: see, for example, the Children and Young Persons Act 1933, s.49; the Children Act 1989, s.97(2) and Presidential Guidance Note No2 of 2022 for the First Tier Tribunal Immigration and Asylum Chamber.
  3. I have applied the principles set out in XXX v London Borough of Camden [2020] 4 WLR 165 and PMC v A Local Health Board [2024] EWHC 2969 (KB). Having considered the Article 8 rights of the Claimant’s children and the Article 10 right to freedom of expression, as well as the open justice principle, I am satisfied that (i) non- disclosure of the identity of the Claimant’s children is strictly necessary in order to secure the proper administration of justice and protect their interests; and (ii) there is insufficient countervailing public interest in disclosure of his identity to justify interfering with their Article 8 rights.
  4. The limitations on access to the court file at order [3] above are also justified by the fact that the Claimant has disclosed in these proceedings paperwork from the Family Court proceedings in addition to the court orders. Such disclosure is not allowed without the permission of the Family Court (and there is no evidence that the Claimant has such permission) and is likely to be a contempt of court: see the Family Procedure Rules 2010, 12.73(2), the Administration of Justice Act 1960, s.12 and Re B (A Child) (Disclosure) [2004] EWHC 411 (Fam).

Signed: Henrietta Hill

Date: 17 February 2025