EF v The London Borough of Hackney & Anor [2026] EWCOP 20 (T3)

Appeal against decision not to discharge a Transparency Order

The appeal arose from proceedings concerning the placement of P, a 30 year old with severe learning difficulties requiring significant support needs. Her mother, EF favoured a move to a placement closer to the family home but an earlier order determined it was in P's best interest to remain where she was. The mother then sought to discharge the Transparency Order, which had been in place since 2019, as she wished to raise the matter in public, partly out of the public interest in knowing of the lack of suitable placements locally.

McKendrick J reviews the terms of the TO and the judgment from the court below before dismissing the appeal. There is a high bar to interfere with a case management decision below, the judgment was well structured and had analysed EF's Article 10 rights properly. On proportionality, the judgment noted that discharge of the TO would expose 'deeply sensitive personal information' about P filed in the proceedings would be "a grave invasion of her privacy" and that the stability of the placement would be imperilled so the judge was within her discretion to decide as she had done.

Read the judgment on Bailii