Senior judges’ ‘unease’ over ‘live’ reporting of Poppi Worthington hearing

Three senior judges who specialise in family law have told how a lower-ranking judge’s plans to allow “live” reporting of a high-profile private family court hearing relating to the death of a child caused them “substantial unease”.

Lord Justice McFarlane, Lady Justice Macur and Lady Justice King, who all sit in the Court of Appeal, said Mr Justice Peter Jackson, who sits in the Family Division of the High Court, was not wrong to allow journalists access to a hearing relating to 13-month-old Poppi Worthington, who died in hospital in December 2012 after being found with serious injuries at her home in Barrow, Cumbria.

But they said they were concerned about the “laxity” of an order Mr Justice Jackson had made relating to reporting of a fact-finding hearing in the Family Division of the High Court which he oversaw in Liverpool in late 2015.

The concerns of the three judges, who all sat in the Family Division of the High Court before being promoted to the Court of Appeal, have emerged in a ruling after lawyers representing a number of Poppi’s siblings complained about rulings Mr Justice Jackson had made relating to reporting of family court proceedings.

Appeal judges had analysed issues at a hearing in London in November – and had announced decisions – but their full ruling was not published until Thursday.

Social services bosses with responsibility for the future care of a number of Poppi’s siblings had asked Mr Justice Jackson to make findings about Poppi’s injuries and death.

Mr Justice Jackson had overseen one fact-finding hearing in private in March 2014.

Detectives were still investigating at that stage and Mr Justice Jackson’s ruling was not published until November 2015 – after Cumbria Police had announced that neither of Poppi’s parents would be charged in relation to her death.

Mr Justice Jackson had identified a number of failings by police in that ruling – concluding that there had been no “real” investigation into Poppi’s death for nine months.

He had also named Poppi’s father, Paul Worthington, in that ruling.

Mr Justice Jackson oversaw a second fact-finding hearing in Liverpool later in 2015 – after his ruling on the first fact-finding hearing had been published.

That hearing had been staged after Mr Worthington asked for a “re-consideration” of findings made following the first fact-finding hearing.

Mr Justice Jackson said the second hearing would be in private but said journalists could attend and could “report daily” on proceedings.

Lawyers representing Poppi’s siblings, via a court-appointed legal guardian, had challenged Mr Justice Jackson’s “plan for daily court reporting” in the Court of Appeal.

Lawyers representing journalists had argued in favour of Mr Justice Jackson’s plan.

Barrister Janet Bazley QC said “live” daily reporting of a family court hearing relating to the protection of children was “novel”. She said the “impact of reporting” was likely to be “profoundly upsetting” for the children.

Barrister Caoilfhionn Gallagher, who represented a number of media organisations, accepted that daily reporting was “unusual” – but she said the case was “highly unusual”.

Lord Justice McFarlane said in a written ruling on the appeal that no one had suggested that Mr Justice Jackson had been acting “outside his powers” by “permitting daily media reporting”. He said such a decision was “plainly” within Mr Justice Jackson’s discretion.

But he said he had been uneasy and had decided to add limits by ruling that nothing could be reported until after court proceedings had concluded on any given day. He said that would ensure that Mr Justice Jackson had the chance to “take stock” and consider any concerns.

“Although I must confess to having a feeling of substantial unease at this degree of openness at the start of an unpredictable fact-finding exercise, I am clear that it is simply not possible to hold that Mr Justice Jackson is wrong in his analysis of the issue and his decision to grant media access to this degree,” said Lord Justice McFarlane.

“I am, however, sufficiently concerned about the laxity of the terms of the order dealing with daily reporting as it is currently drawn to stipulate that a further sub-paragraph be added to that part of the order in the following terms: ‘such reporting (whether by live reporting, Twitter or otherwise) may not take place until after the court proceedings have concluded on any given day, in order to ensure that the court has had an opportunity to consider whether any such additional directions are required’.”

Lady Justice Macur and Lady Justice King said they agreed.

Mr Justice Jackson had published a ruling on the second fact-finding hearing in January. He said he had concluded that Poppi had been sexually abused by her father shortly before her sudden death. Mr Worthington, who is in his forties, has never been charged with any offence. He denies any wrongdoing.

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