Naming your Abusers

“The result was probably the expected one. Where anonymity of those accused of physical or sexual abuse is in issue, the driving consideration is likely to be whether the allegations were found proven. But this case is particularly interesting because the press was not involved. The judgement asserts that the freedom of expression of an individual claimant can be important enough to trump the private and family life rights of others.”

UK Human Rights Blog

Image result for face question markArmes v Nottinghamshire County Council [2016] EWHC 2864 (QB) – read judgment

In a nutshell

The right of a claimant to name the people who abused her prevailed over the rights of the perpetrators and others to private and family life.

The claimant, Natasha Armes, applied to set aside an anonymity order granted at the start of a previous trial to protect the identities of witnesses accused of physically and sexually abusing her in foster care.

Mr Justice Males undertook the balancing exercise between the rights to private and family life under Article 8 of the European Convention on Human Rights and the right to freedom of expression under Article 10.

Freedom of expression won the day. Males J lifted the anonymity order, accepting that since most of the allegations had now been proven anonymity was no longer justified.

View original post 904 more words

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