View all newsletters
Sign up for our free email newsletters

Fighting for quality news media in the digital age.

  1. Archive content
February 26, 2004updated 17 May 2007 11:30am

Family court lifts ban on press after legal challenge

By Press Gazette

A weekly newspaper has won a battle to be allowed to cover family court sessions.

The Middleton & North Manchester Guardian, fought to have a ban on attending the sessions at Rochdale Magistrates’ Court lifted.

The Guardian’s news editor, Ava Soe, has been investigating a number of high-profile cases about the performance of Rochdale Social Services, which attracted national publicity when instigating proceedings about alleged “Satanic Abuse” on a local council estate 14 years ago.

The claims were later found to be erroneous.

As part of the Guardian’s monitoring of more recent cases, the paper wanted to attend family court proceedings at the court.

The Guardian said its reporter was refused entry, despite the clerk of the court being reminded of the press’s legal right to attend family courts in certain circumstances. Under section 69 (2) of the Magistrates Court Act 1980, representatives of newspapers and news agencies cannot be excluded during such proceedings unless the court is discussing adoption arrangements or dealing with evidence involving indecency.

Content from our partners
MHP Group's 30 To Watch awards for young journalists open for entries
How PA Media is helping newspapers make the digital transition
Publishing on the open web is broken, how generative AI could help fix it

The Guardian’s legal representatives complained to the court, whose head of legal services admitted the reporter should have been allowed entry.

He said: “We concede that an error was made on the day and the reporter had a right to be present. By way of explanation, the case itself was complex, with difficult issues and strong feelings to be addressed.

“The legal adviser accepts that he failed to give full consideration to the request while he was dealing with other issues which had arisen.”

The court has now assured the paper that reporters will not be excluded from future proceedings except in certain cases, and when that happened they would be allowed to know why they were being excluded.

Editor Gerry Sammon said: “This is a victory for the press. All too often we have had our rights eroded. This case has proved that, if you have right on your side -plus in our case a good legal team – we can win the day.

“What is particularly disturbing is that we had to tell the legal experts at court what the law was regarding press attendance. And when they disregarded our representations to be present we had to take our own legal route to ensure our rights.”

By Jon Slattery

Email pged@pressgazette.co.uk to point out mistakes, provide story tips or send in a letter for publication on our "Letters Page" blog

Select and enter your email address Weekly insight into the big strategic issues affecting the future of the news industry. Essential reading for media leaders every Thursday. Your morning brew of news about the world of news from Press Gazette and elsewhere in the media. Sent at around 10am UK time. Our weekly does of strategic insight about the future of news media aimed at US readers. A fortnightly update from the front-line of news and advertising. Aimed at marketers and those involved in the advertising industry.
  • Business owner/co-owner
  • CEO
  • COO
  • CFO
  • CTO
  • Chairperson
  • Non-Exec Director
  • Other C-Suite
  • Managing Director
  • President/Partner
  • Senior Executive/SVP or Corporate VP or equivalent
  • Director or equivalent
  • Group or Senior Manager
  • Head of Department/Function
  • Manager
  • Non-manager
  • Retired
  • Other
Visit our privacy Policy for more information about our services, how New Statesman Media Group may use, process and share your personal data, including information on your rights in respect of your personal data and how you can unsubscribe from future marketing communications.
Thank you

Thanks for subscribing.

Websites in our network