Calderdale's Legal Department


Legal Note: The original content of this page was ordered to be removed by Calderdale's Legal Department. Subject: A infant Received: Thursday 20 September 2007 17:04PM To whom it may concern. As the Local Authority dealing with this matter we are obliged to advise you of the following : It is a criminal offence to identify a child in care proceedings pursuant to S.97(2) of the Children Act 1989. It states that NO person shall publish any material which is intended, or, is likely to identify a) Any child as being involved in any proceedings before the High Court, a County Court or a Magistrates Court in which any power under this Act may be exercised by the Court with respect to that or any other child; or b) an address or school as being that of a child involved in any such proceedings. For the avoidance of doubt and as further guidance for you "publish" includes - a)being included in a programme service (within the meaning of the Broadcasting Act 1990): b)cause to be published. "Material" includes any picture or representation. Please note that this is a criminal offence which attracts a fine. Proceedings have already been instituted and copies of images broadcast on your website will be made available to the Judge at the first hearing of this matter. We will request the appropriate order to be made. In addition we refer you to S.12 of the Administration of Justice Act 1960 which relates to proceedings in private. S.12(1) The publication of information relating to proceedings before any Court sitting in private shall not of itself be contempt of Court except in the following cases, where proceedings- (i) relate to the inherent jurisdiction of the High Court with respect to minors; (ii)are brought under The Children Act 1989. Breach of this Act (which has already occurred) is contempt of Court and the Court has the power to commit those responsible to prison for up to two years. Again, the images and extracts from your website will be made available to the Judge at the first hearing and the appropriate order sought. In the meantime we strongly advise you to remove the images of the child from your website immediately. If you are in any doubt over your continued breaches of the above legislation then you should seek legal advice. Dominic Timmons Solicitor Law and Administration Service Borough Council of Calderdale Fassit Reply From Fassit News - contact@fassit.co.uk Sent: Thursday 20 September 2007 19:13 PM to To the Calderdale Legal:- Dominic Timmons - Dominic.Timmons@calderdale.gov.uk CC to Bernadette Livesey, Carol White, Mark Astbury, Neil Beecham, Paul McGrath September 20, 2007 Re- SO.97 (2) of the Children Act 1989. We thank you for your legal advice but are confused to why it was sent to our organisation. We are also aware of High Court decisions and amendments to the Children Act 1989 that any publications sited before any court applications or proceedings commence is outside the legal framework contained in the act. Given the lack of descriptive information contained in your templated letter it would not be not appropriate to comment further until we seek legal advice from our lawyers. A copy of this letter a been forwarded to our legal representatives. Kindest regards Fassit Team www.fassit.co.uk
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