Two judgments published involving Alice Thornton of Coram Chambers
Two connected judgments have been published in private law proceedings involving Alice Thornton, barrister at Coram Chambers. Both cases address sensitive welfare issues and reporting restrictions concerning a young child, A.
Welfare decision on contact and protective orders
The first judgment considered the ongoing welfare of A, following earlier findings of serious domestic abuse by the father.
After extensive proceedings, the court reviewed the arrangements for the father’s contact with A. All parties accepted that it would remain as indirect letterbox contact only due to A’s strong anxiety about direct contact. The NYAS caseworker’s recommendation of the continuation of monthly contact was endorsed by the court.
The court also considered a number of ancillary applications made by the mother. It was determined that in light of the history of this case and the findings made previously, there should be a five-year prohibited steps order, preventing the father from removing A from the mother’s care, a three-year order under section 91(14) of the Children Act 1989, and the father was directed to attend a RESPECT-accredited Domestic Abuse Perpetrator Programme.
Key takeaways:
- Indirect contact to continue monthly
- Five-year prohibited steps order made
- Three-year section 91(14) order imposed
- Father to attend DAPP
Reporting restrictions and public interest
The second judgment arose from an application by a journalist to relax reporting restrictions to allow the father to be publicly identified on the basis that it was in the public interest, the father’s criminal background and the recent move towards transparency in family courts.
The court weighed the right to privacy and safety for A and her mother against the public interest in transparency, concluding that the former outweighed the latter. The court kept reporting restrictions in place, refusing permission to name the father.
Key takeaways:
- Application to name the father refused
- Detailed review of reporting restriction law
- Significant weight given to risk of harm and identification of A and the mother
- Reporting restrictions maintained
Both judgments are available to download and read below.
