Sharing information about Children Cases on social media can mean 10 years in prison and a £22,423 fine!

The overarching rule in private Children Act proceedings is that that the proceedings are confidential. The reason for this is to protect the people involved in the case, particularly the children. This means that nothing can be publicly reported without permission of the Judge. It is simply treated as a contempt of court to publish anything relating to such proceedings. This is made abundantly clear by the Children Act 1989 and section 12 of the Administration of Justice Act 1960.

In a recent case M A-G v Hartley (contempt) [2021] EWHC 2473 (FAM) the father in private Children Act 1989 proceedings, set about in a “flagrant contravention of a court order and defiance of an Act of Parliament, to repeatedly publish information about the case on the internet”. He did so by way of video posts via Facebook, where several thousand people had access to the social media site. The Court ordered him to remove the material, but he refused to do so and disregarded court orders requiring his attendance at Court. Subsequently, Mr Hartley was sentenced to 10 years in prison and ordered to pay a fine of £22,423. These large costs are said to be entirely due to the several hearings caused by his conduct.

In making this judgement, the Judge held “It must be made very clear by the courts that to deliberately, and brazenly, flout the law prohibiting publication of family proceedings involving children will result in substantial punishment.” The judgement serves as a stark reminder to practitioners and parties to Children Act proceedings of the repercussions that can be had for sharing information.

If you are unsure about whether you can share information or discuss information with anyone it is best to speak to your legal representative. You are even prohibited from discussing the case or showing documents to your family and friends. If you are representing yourself, you should ask the judge or magistrates whether you are allowed to share information.

The judgement can be read in detail here.

Speak to our Family Law experts

At IBB Law we frequently represent clients in private Children Act proceedings. Prabhleen Kundhi is in the Family team and specialises in advising couples going through such matters. Prabhleen can be contacted on 01895207854 or Prabhleen.kundhi@ibblaw.co.uk