Family Court judge declines to protect names of social workers ahead of murder trial

A Family Court judge has refused to impose reporting restrictions to protect the names of two social workers and two Cafcass officers ahead of a child’s parents facing a murder trial.

Mrs Justice Lieven said in a case brought by an unnamed local authority that Mrs Justice Tipples - the judge in the murder trial concerned - was better placed to decide on the anonymity questions.

Children AA and B were subject to Family Court care proceedings in 2020 and returned home to their parents. B died and both parents were charged with murder.

The local authority and Cafcass applied for reporting restrictions to cover the names of the social workers and children’s guardians involved.

Lieven J said in her judgment: “The concern I have at the preliminary stage is that this application should be made before the trial judge in the criminal court rather than before me.”

She said inherent jurisdiction in principle allowed her to make a reporting restriction order, but “the trial judge would be in a far better position to consider that balance because she will know much more about the Article 10 side of the issues.

“Also, importantly, she will have before her the media who are reporting on the criminal case. They can then make submissions as to open justice principles and the degree to which it is or is not appropriate to name social workers and indeed the Cafcass officer in any reporting.”

Lieven J said it would be “quite inappropriate” to impose any reporting restriction concerning the social workers because at least one was listed as a witness in the criminal trial.

“In my view, it would be significantly preferable for the trial judge to decide whether or not a witness in her trial should be subject to a reporting restriction than that I should consider that matter,” she said.