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BBC helps lift reporting restrictions in case of teenager seeking a kidney donor

The BBC, represented by Claire Overman, has helped lift reporting restrictions in the case of William Verden, a teenager with learning disabilities, autism and ADHD in end stage renal failure.  The BBC supported an application, made by William’s mother, to lift restrictions in order to raise public awareness of William’s case and to appeal for a living kidney donor, before the Court of Protection considers William’s treatment options at a hearing at the end of the month.

The Court of Protection proceedings commenced on 23rd December 2021, and on 31st December a Transparency Order was granted on the papers, prohibiting the identification of William, any member of William’s family, where he lived or was being cared for, the names of the NHS Trust and hospital treating him, and the treating clinicians and experts.

Lifting the restrictions on identifying William, his family, the Trust and the hospital, Arbuthnot J explained that, at the time the Transparency Order was granted, neither the Court nor the Official Solicitor had been made aware that there had been extensive media coverage of William’s case in the period before proceedings commenced.  She made clear that in the future “the expectation, except in very unusual cases, would be for any party applying for a RRO to set out what media coverage had taken place, so the court is not placed in this situation again.”

Balancing the respective rights under Articles 8 and 10 of the European Convention on Human Rights, Arbuthnot J noted that William himself supported publicity, owing to the possibility that it might lead to a suitable donor being identified.  She also considered that there was a great public interest “in the way that people with autism are treated by the NHS,” as well as scrutiny of the Court of Protection’s decision-making.  In view of the material already in the public domain, the inevitable risk of jigsaw identification meant that there was no possibility of any reporting of the case if the restrictions were maintained, which the Judge considered neither appropriate nor proportionate.

Accordingly, the Judge considered that, in the circumstances of this case, it was proportionate to grant the application.


The judgment may be found here.

Reporting by the BBC’s Ruth Clegg and Jayne McCubbin may be found here.