Re X and Y (children) (executive summary of serious case review: reporting restrictions) [2012] EWCA Civ 1500, [2012] All ER (D) 213 (Nov)
The statutory regime in Wales governing the restriction of publication of material likely to lead to the identification of children following criminal proceedings in which a parent of the children was convicted of a serious offence relating to one of the children’s siblings comprised the Children Act 2004 and the Local Safeguarding Children Boards (Wales) Regulations 2006 (SI 2006/1705). That regime recognised the need to balance the various Art 8 and Art 10 rights in play, and indicated that the balance was to be struck by publishing an executive summary appropriately anonymised. The statutory scheme was plainly Convention compliant and carefully crafted to accommodate the Strasbourg “balancing exercise”. In each individual case, careful thought would need to be given to the identities of those who required anonymisation, and the degree of anonymisation required. The statutory scheme contemplated, and compliance with the Convention required, that what was published had to be anonymised to such an extent
