Case

Citation

[2002] 1 FLR 104

Date

11.09.2001

Comment

Whether broadcast of the interview of a child (aged 13) should be restrained on the grounds of potential harm to the child. Application of the court’s inherent jurisdiction and the need for the local authority to apply to invoke the inherent jurisdiction.

Further Information

The local authority obtained anti-social behaviour orders (ASBO) under the Crime and Disorder Act 1998 in respect of eight children but no reporting restrictions had been imposed in relation to those orders. The BBC filmed and interview with one of the children (aged 13) and his mother. The making of the ABSOs had been widely reported and the interview conducted with the mother’s written consent.

After the interview had been filmed, the local authority obtained an interim care order in respect of that child.

Medway sought leave under the Children Act 1989 to apply for an injunction to restrain the BBC from broadcasting the interview.

That application was supported by the child, his mother and his father but the application was refused the Court finding that no case for restricting the freedom of expression had been made out by the local authority.

Barristers involved

Susan Quinn

Practice Areas

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