Family President to produce guidance on applications for reporting restrictions orders

The President of the Family Division is to prepare guidance on how applications about reporting restriction orders should be determined.

Sir Andrew McFarlane’s comments came in the Court of Appeal case of Re R (A child) (Reporting Restrictions), which concerned a reporting restrictions order made at a final hearing in care proceedings.

According to St John’s Chambers, this order prevented anyone from referring to a previous Court of Appeal judgment which was already in the public domain.

The set said: “There was significant interest from journalists in this case as the mother had had to fund her own successful appeal from an order made that her child should be placed for adoption. She received no legal aid for this and estimated the costs of her appeal in the region of £60K.

“The BBC joined as parties to the appeal as it was clear that it raised an important point of legal principle, coupled with a clear failing of the lower court to abide by the law and correct procedure.”

Lord McFarlaneThe application was heard by the Family President and Lady Justice King.

The President (pictured) is said to have given a short judgment and accepted the fundamental grounds of appeal – that the judge failed to refer to existing case law about transparency in the family court. In particular he had failed to undertake the necessary balancing exercise between Article 8 (right to family and private life) and 10 (right to freedom of expression) of the EHCR.

According to St John’s Chambers, Sir Andrew did offer “sympathy to those judges and barristers faced with a busy court list who find themselves having to deal with a fairly complicated application about a reporting restrictions order.” The President noted that there was at present no detailed guidance or any kind of route map as to how such applications should be determined.

Paul Bowen QC of Brick Court Chambers and Sarah Phillimore of St John’s Chambers appeared for the journalist, Louise Tickle, on a pro bono basis. Their instructing solicitors also appeared pro bono, as did counsel and the solicitors for the mother.