Corrected pursuant to CPR 40.12 on 14.02.2023 at the direction of Mr Justice Freedman
Claim Number: CO/4467/2020
13 February 2023
Mr Justice Freedman
Chief Constable of Surrey
(2) London Borough of Hounslow
(3) Suffolk County Council
(4) the Green School for Girls
(5) Surrey Childrens’ Services
REPORTING RESTRICTIONS ORDER AND
ORDER FOR ANONYMYSING THE FIRST INTERESTED PARTY AND HER CHILDREN
IMPORTANT: PENAL NOTICE
- This order contains injunctions. You should read it carefully. You are advised to consult a solicitor as soon as possible. You have the right to ask the court to vary or discharge this order.
- If you disobey this order you may be found guilty of contempt of court and may be sent to prison or fined and your assets may be seized.
UPON READING submissions of the Claimant and of Counsel on behalf of the First Interested Party and there being no submissions from the Defendant.
AND UPON a draft of this order being circulated to the parties on/after 28th October 2022 (which contained observations, being reasons for the order)
AND PURSUANT to CPR r. 39.2(4) of the Civil Procedure Rules and section II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules, the Court is satisfied that an order in the terms below is necessary to protect the interests of the First Interested Party and there is no sufficient countervailing public interest in disclosure.
IT IS HEREBY ORDERED PURSUANT to section 11 of the Contempt of Court Act 1981, Section 6 of the Human Rights Act 1998 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2:
IT IS ORDERED THAT:
- This order shall take effect until further order of the court.
- This order binds the parties and their legal representatives and any persons who have received or who may hereafter receive information or knowledge in connection with these proceedings of the identity of the First Interested Party and/or her children.
- In connection with these proceedings, the identity of the First Interested Party and her children including their names and addresses and photographs shall not be disclosed.
- In connection with these proceedings, there be substituted for all purposes of this case, in place of references to the First Interested Party by name and whether orally or in writing, references to “A”. Likewise, her children shall be referred to as “B” and “C” respectively.
- In connection with these proceedings, There shall not be published any material or information including photographs likely to lead to the identification of the above persons.
- That the address of the First Interested Party be stated in all statements of case and other documents to be filed or served in these proceedings as the address of her solicitors Moore Barlow LLP, the Oriel, Sydenham Road, Guildford, GI1 3RP.
- Reporting restrictions apply in connection with these proceedings as to the disclosing of any information that may lead to the subsequent identification of the First Interested Party and her children. In connection therewith, the publication of the name and address or photographs of the First Interested Party or her children is prohibited.
- For the avoidance of doubt, nothing in this order shall prevent any persons from:
1) reporting or commenting upon these proceedings, save as insofar as such reports or comments are prohibited by paragraph 7 above;
2) seeing or publishing information which is not restricted by paragraph 7 above;
3) enquiring whether a person falls within paragraph 7 above;
4) seeking information relating to the children while acting in a manner authorised by statute or by any court in England and Wales;
5) publishing information relating to any part of the hearing in a court in England and Wales (including a Coroner’s Court) in which the court was sitting in public and did not itself make any order restricting publication;
6) complying with an order of any court with competent jurisdiction; and
7) communicating information relating to these proceedings to a party, the legal representative of a party, an accredited representative with a Director of Legal Aid Casework.
8) this order shall not apply to the public hearing of or the listing for hearing of any application for committal.
- The Parties or any non-party person affected by this order may apply to the court for an order (and the court may of its own motion make an order) that:
a) varies or discharges this order or any part or parts of it, or which
b) permits the publication of any of the information on the basis that it is lawfully in the public domain or for such other reason that the court thinks fit.
- No order as to costs.
- A copy of this order shall be published on the Judicial Website of the High Court of Justice specifying that the First Interested Party shall be referred to as “A” and her children as “B” and “C”.
Approved by Mr Justice Freedman
Dated this 13th day of February 2023