In the matter of SF (anonymity order)
Claim number: L01CF124
In the County Court at Cardiff
23 December 2024
Before:
His Honour Judge Harrison
Claimant:
Sandra Browning,
Approved Mental Health Professional
(Ref: IWOV-HJDOCS1.FID7020070)
Anonymity order
Before His Honour Judge Harrison sitting at the County Court at Cardiff, Cardiff Civil Justice Centre, 2 Park Street, Cardiff, CF10 1ET.
WHEREAS an application was made, dated 6th September 2024, by the Claimant for an Order pursuant to section 29(3)(a) and/or section 29(3)(e) of the Mental Health Act 1983 directing that the functions under Part II of the Mental Health Act 1983 of then nearest relative of SF, a patient, during the continuance of the Order shall be exercisable by Alison Minett.
UPON hearing Laura Shepherd, counsel for the Claimant.
AND UPON the Court considering the documents within the court bundle including the Witness Statements of Sandra Browning, Approved Mental Health Practitioner, dated 5th September 2024 and 18th October 2024, and the Witness Statements of Alison Minett, proposed nearest relative, dated 23rd September 2024 and 22nd October 2024.
AND UPON consideration of the balance to be struck between the public’s right to open justice and the individual’s right to privacy, and the case of R. (C) v Secretary of State for Justice [2016] UKSC 2 where the Supreme Court confirmed that there should be no presumption in favour of anonymity and that the public’s right to know has to be balanced against the potential harm, not only to this patient, but to all the others whose treatment could be affected by the risk of exposure.
AND UPON consideration of the patient’s Article 8 right for private and family life and the Article 10 right to freedom of expression.
AND UPON the Court finding that the balance is in favour of protecting the patient’s right to privacy in all the circumstances of this case, including:
- The risk of interfering with or undermining the patient’s ongoing treatment;
- The fact that SF has decided to only give close family members limited information about his status pursuant to the Mental Health Act 1983, and it being inferable from this that he would not wish the wider public to find out about this case; and
- SF is not a criminal, but was detained pursuant to the Mental Health Act 1983 so that he could get better.
IT IS ORDERED THAT
- The identity of the patient shall not be not disclosed.
- That the patient be described in all statements of case and other documents to be filed or served in the proceedings and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as “SF”.
- That the address of SF shall be stated in all statements of case and other documents to be filed or served in the
proceedings as the address of the nearest relative appointed on 25th November 2024. - That in so far as necessary, any statement of case or other document disclosing SF’s name or address already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
- That the original of any such document disclosing the name or address of the parties is to be placed on the Court file in a sealed envelope marked “not to be opened without the permission of a judge, Master or District Judge of the King’s Bench Division”.
- That a non-party may not inspect or obtain a copy of any document on or from the Court file (other than this order duly anonymised as directed) without the permission of a Master or District Judge. Any application for such permission must be made on notice to the Claimant, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
- That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or
varied. - Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls 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.
Dated 25 November 2024