Privacy and Injunctions - Evidence - Parliament

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Press Complaints Commission—Written evidence sense, and the newsworthy event that they had been involved in as young children had happened 13 years previously. Since then they had done nothing to warrant media scrutiny, and the images appeared to have been taken out of context and presented in a way that was designed to humiliate or embarrass them. Even if the images were available freely online, the way they were used – when there was no particular reason for the boys to be in the news – represented a fundamental failure to respect their private lives. Publication represented a serious error of judgement on the part of the newspaper. Although the editor had taken steps to resolve the complaint, and rightly published an apology, the breach of the Code was so serious that no apology could remedy it. Report: 79; Adjudication issued 22/06/09 894
Press Complaints Commission—Written evidence Turner v Birmingham Mail Clauses Noted: 3 (Privacy), 5 (Intrusion into grief or shock), 8 (Hospitals) Complaint: Ms Sue Turner, Chief Executive of the Birmingham and Solihull Mental Health NHS Trust, complained to the Press Complaints Commission that articles in the Birmingham Mail and Birmingham Mail Extra of 20 February and 25 February 2010, headlined "Suicide pact" and "Our suicide pact" respectively, were intrusive in breach of Clause 3 (Privacy), Clause 5 (Intrusion into grief or shock) and Clause 8 (Hospitals) of the Editors' Code of Practice. The complaint was not upheld. The front-page articles reported that three patients at a Birmingham psychiatric unit, Main House, had - several days before publication - attempted suicide over concerns about the future of the unit. They had subsequently been informed that Main House was indeed to be closed down, which prompted the newspapers' articles. The articles were accompanied by pixellated photographs of the patients being informed of the decision - said in the coverage to have been "supplied by the patients themselves via their psychiatrist" - in which they were shown to be distraught at the news. The complainant said that the residents were extremely vulnerable adults to whom the Trust owed a duty of care: they were not in a position to give any clear consent for the taking and publication of these photographs, which had been taken inside Main House. The complainant argued that the newspaper should have obtained consent from not only the patients but also their respective carers, consultants and/or relatives before publication. Indeed, while there is some assumption under the Mental Capacity Act 2005 that patients have capacity to make their own choices, it is not automatically the case that they do and the newspaper should have sought further guidance from appropriate individuals. The Trust was now unable to assess retrospectively whether the patients had the capacity to make decisions about the photographs, but considered that they would not have had the capacity to make such a decision due to their vulnerability. The complainant said that the photographs had also been taken in breach of patient confidentiality by a GP who worked with the patients once a week, and was not their consultant or primary carer. He had been dismissed following a disciplinary hearing and the case had been referred to the General Medical Council. The complainant stated that the Trust had received a number of complaints about the articles from the family of one of the patients and another former service user. The former service user said that she had been identified as her car had been recognised following the publication of a photograph of the exterior of Main House. The Trust was prepared to contact the concerned parent to support its complaint, but was worried about causing additional stress by doing so. The newspapers said that the closure of Main House was a major local issue. When they received the photographs of the distressed patients they gave careful consideration to their publication. They felt justified in publishing for the following reasons: the photographs had been taken with the knowledge of the patients; they had been taken by a medical professional working with the patients; the patients, who were all adults, had given their 895
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Andrew Mullins, managing director,
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