We noticed two cases in which judgments were published yesterday, the very day that the President’s Transparency Review call for evidence closed – each deals with the question of whether a local authority who had brought care proceedings should be named, and each considers the 2018 guidance on anonymisation (which is one of the subjects of the President’s Transparency Review). In one case the local authority was named, whilst in the other it was not. The circumstances of each are quite different, but the rationales behind the contrasting approach to the naming of the local authority are also interesting.
Broadly speaking the contrast can be summed up like this : in the first case, where the local authority are named, there are no particular public interest features, other than those applicable to all public law cases (draconian orders, removal of a child by the state etc), whilst in the second case, where the local authority were not named, there were both strong and specific public interest arguments for publication and strong and specific arguments for anonymisation on grounds of privacy – but the privacy arguments won out.
Click here to read the full article: The Transparency Project