header-logo header-logo

08 February 2013 / David Burrows
Issue: 7547 / Categories: Features , Child law , Family
printer mail-detail

In the public interest?

136851159_2

Should vulnerable people who provide information on alleged abuse be entitled to public interest immunity? David Burrows investigates

In Re A (A Child) [2012] UKSC 60 (heard as Re J (A Child: Disclosure) (Rev 1) [2012] EWCA Civ 1204 in the Court of Appeal in September) the Supreme Court was called upon to balance the interests of justice against, or alongside, the welfare of a child. In so doing, the welfare of the child concerned seems to have been connoted entirely with justice (“the interests of that little girl…in having an allegation properly investigated and tested” (para [1])) rather than in the abstract: the public interest in ensuring that those with information about abuse of children come forward (per D v National Society for the Prevention of Cruelty to Children [1978] AC 171). A chance to reassert the public interest immunity established in that case, in slightly different circumstances, not attempted by the Court of Appeal, was not taken by the Supreme Court either.

The court made relatively short work of dismissing

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll