Newman v Southampton City Council

Subject Matter

CONFIDENTIAL INFORMATION — Disclosure — Access to court file — Journalist seeking disclosure of material relating to concluded care proceedings — Mother consenting to release of all documents — Whether mother able to consent on behalf of child — Whether consent determinative of issue of disclosure — Whether limited disclosure in redacted form appropriate — Whether interference with competing Convention rights proportionate — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 8, 10

[2020] EWHC 2103 (Fam); [2020] 4 WLR 108; [2020] WLR(D) 473, Fam D

PRACTICE — Documents — Access to court file — Journalist seeking access to documents relating to concluded care proceedings — Mother consenting to release of all documents sought — Judge granting more limited access than that sought by journalist — Whether sufficient weight given to mother’s consent — Whether journalist’s right to freedom of expression outweighing mother and child’s rights to respect for private life — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 8, 10

[2021] EWCA Civ 437; [2021] 1 WLR 2900; [2022] 1 FLR 97; [2021] WLR(D) 182, CA

Appellate History

Commentary

Panopticon blog
Newman v Southampton CC: child, mother, journalist – whose rights win out? Case comment

Child Protection Resource
Through a Glass Darkly – Transparency in the Family Courts Case comment

Transparency Project
The family courts must show their workings Case comment

7BR chambers
High Court rules on journalist’s application for access to papers in care proceedings Case comment

Panopticon blog
Court of Appeal grants permission in journalistic access case Case update

Transparency Project
M (A Child): Live streaming from the Court of Appeal on Thursday 4th March – Should a journalist be able to see the court documents behind a flawed decision that a child needed adoption? Case comment

Should a journalist be able to see all the court papers behind a flawed decision that a child should be adopted? Marshalling the arguments Case comment

Journalist’s bid to see papers that led to flawed adoption decision fails Case comment