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Wardship and the right to publish
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Publicity and a ward of court
The right to publish details of family proceedings and the operation of the wardship jurisdiction have cropped up recently in the case of A the 5 year old taken by his parents from a hospital in Southsea against medical advice. He was made a ward. Subsequent High Court proceedings were well publicised – with permission the President of the Family Division (later confirmed by Baker J). A is no longer a ward.
These orders prompt two questions at law: what are the local authority’s powers to seek wardship; and what are the High Court’s powers to permit publicity. (None of this can proceed in the Family Court: wardship is a High Court matter only (Senior Courts Act 1981 s 41(1)).
Wardship the common law and application to the High Court
The High Court can exercise an inherent and protective jurisdiction over children. If it does so the usual result will be...
Read the full article here.
