This was an application by two journalists for a decision to be made about whether the interest of the public outweighs the established rules of anonymity in family proceedings to give the journalists permission to publish the father’s name and that he was previously in the armed forces.
The father had criminal convictions including for rape of a teenager for which he received a custodial sentence and within the private law court proceedings, the court had made significant findings that the father had shown coercive and controlling behaviour to the mother, had sex with the mother without her consent on 3 occasions and a further occasion of attempting to have sex with the mother without her consent. The father’s name was already published online due to his sexual offences and being on the Sex Offenders Register.
The court balanced the public interest for information including consideration of the possibility that the father has used different names and that the father’s behaviour was not just taking place in a private relationship due to his criminal conviction for rape of a teenager.
The court acknowledged that the publication of the father’s name may cause distress to the father’s new partner and those close to him.
The court granted permission for the father’s name and previous role in the armed forces to be published and were satisfied that the mother was best placed to manage the child’s understanding of the father’s behaviour towards the mother and others. The Judge was clear that the mother and child’s anonymity should be protected.
The full case can be viewed here:
Hannah Summers & Anor v Kristopher Paul Arthur White & Ors – Find case law – The National Archives
Maria Chainani is an associate in the family department specialising in representing parents, children and extended family members in care proceedings and private law children proceedings. Maria is contactable on 01268 240400 mchainani@anthonyking.co.uk
