Frances Gibb, Legal Editor of The Times
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Hundreds of decisions on children and families are to be made public under plans to counter allegations of secrecy in the family courts. A pilot scheme is to be launched in which the rulings of courts will be released for the first time, Bridget Prentice, the Justice Minister, has told The Times.
Initially the rulings will be published in courts in three cities — the pilot sites are still being finalised — and, if successful, will be extended across England and Wales. The decisions, whether a judgment transcript, decision summary or written reasons, would go on to a central website.
The cases to be covered include decisions about children being taken into care, decisions on contact with an absent parent and on removing a child from the UK. But they will also include decisions relating to disputes over “matters of religion, culture or ethnicity” or that turn on disputes of medical or other expert opinion or on human rights issues.
The courts will also have to look at whether, in all cases involving children, they could provide a transcript or decision summary for parents to keep and a copy kept for the child, when he or she is older.
The move comes after ministers controversially decided against opening up the family courts as of right to the media, arguing that children’s groups were concerned about the invasion of privacy and placing of sensitive material in the public domain.
Rather, in what the Newspaper Society has called a volte-face, ministers have actually proposed further restrictions, so that magistrates’ courts hearings — now automatically open — will be closed, with the press or public admitted only if the magistrates agree to allow them in.
Ms Prentice said: “Some of the judges were in favour of giving media access as of right and others were not. But judicial discretion will still be there because it will be up to the judge to decide whether media organisations or anyone else can be admitted.”
Instead, in a compromise move, anonymised court judgments will now automatically be released in a range of key cases including where children are being removed from parents, she said.
The decision may go a little way towards appeasing critics of the family courts, such Fathers 4 Justice, who maintain that their decisions are biased against fathers and cannot be questioned because they are made behind closed doors.
But critics and newspapers still favour full media access. The Newspaper Society remains firmly of the view that “these proposals are a grossly backward step that will do nothing to restore public confidence in the family courts”.
Yet the reform, if limited in scope, has the backing of Sir Mark Potter, Britain’s most senior family judge and President of the High Court Family Division. He told The Times that the judiciary had been split about whether to open up the family courts and that there was not a clear single view. However, he welcomed “a move to greater openness by the judiciary delivering public judgments, subject to anonymity”.
He said: “This is a welcome step so far as I am concerned and should do a great deal to reduce charges of secret justice by making clear to the public the reasoning of judges in cases of concern.
“The broad view of the judiciary . . .” he added, “was that the media should be admitted to family proceedings, except adoption proceedings, provided the court retains a wide discretion to exclude the media in the interests of justice in appropriate circumstances for whole or part of the case.”
The view was that the general public should not have a right to be admitted but that the court should have discretion to admit one family member or friend. But he acknowledged that, at the same time, there were “wide differences of view within the judiciary”. The decision, he added diplomatically, was “essentially a matter for government”.
The move may be dressed up as a step towards greater openness — if only going a little way in appeasing fathers’ groups whose campaigns are nourished by family hearings and decisions on contact and residence being held in private. But it will certainly not find favour with the media — and not least the argument that as the press never made much use of the right to visit magistrates’ courts hearings, why should it mind if the right is now removed — subject to a court’s discretion?
Sue Oake, senior legal adviser at the Newspaper Society, says the new policy is a “full-throttle reverse” — the equivalent of the fashion industry’s grey is the new black. “Closed courts,” she says, “are the new openness.”
Yet publicising judgments will enable the public and the media to be better informed about what courts are doing in cases that Mr Justice Munby, the High Court judge, ranked as “among the most drastic" [now that capital punishment has gone] “that any judge in any jurisdiction is ever empowered to make”.
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It is not the "..reasoning of the Judges'... which require the greatest public scrutiny but the evidence presented by social workers and medical experts which is often claimed by many parents to be fabricated, embellished, and distorted as occurred in the Clark/Cannings cases.
Charles Pragnell, Melbourne , Australia
With the imminent general introduction of the Public Law Outline (PLO) said to be to speed up legal Proceedings in Care cases local authroities will be expected to have obtained far more evidence in advance of inititiating such proceedings.
The serious concern here is that from the outset social workers will be seen as 'evidence gatherers' rather than genuinely trying to advise / assist / enable / advocate on behalf of families.
The current Protocol seeks to limit Cases to 40 weeks duration - I now fear that parents will 'lose' their children to Care and even Adoption even quicker with little or no opportunity to demonstrate that they have tried to turn their lives around.
The balance between parents and childrens rights has never been easy but we have to learn and act on what we know relating to the harm that State Care can do to children.
Local Authorities vary immensely in their commitment to, and resources available for, Preventive Care - another postcode lottery?
Philip Measures, Uttoxeter, England
This is disgusting, that the public have no right to ensure justice is appearing to be done!
When ECAF close on the tail of Contactpoint
(data collection madness) which will put far more children at risk and make it easier and likely
that children will continue to be removed from their parents for any reason.
Forms will be completed and privacy completely
removed from family life by any unqualified individual.
Take a look at the ARCH blog or films on UTube for whats already here and coming.No wonder they have closed the courts further, wouldnt want the public to know what they really have planned.
Hope, uk,
The whole esence of the British legal system that the public has the right to attend a magistrates court or higher court is to prove that justice and fairness is being upheld, to remove this is tantamount to the law saying we in our own right will be the 'Judge and Jury ' with respects to fairness and not the people. there are elements within our social services system where you can get inexperienced social workers dealing with case sensitive families who through lack of experience can take innapropriate action to remove a child from its parents to a vindictive social worker who is just determined to remove a child regardless of the minor discrecions of a parent, It is totally wrong for our legal system to deliberately abuse its power over the rights of the citizen to see that justice is being done,it is about time the Europen Court was called upon to investigate our unfair and dictatorial legal system. and they should stop useing innapropriately " in the interest of the child".
Ray Newman, Bristol, United Kingdom
The comments regarding the secrecy of the Family Court system is only part of a wider malaise that permeates these courts.
The widespread over emphasis on the wishes of the child/children embodied in The Children's Act, 1989 leads to grave injustices being meted out to non-resident parents(usually fathers) due to " Parental Alienation". A deliberate attempt to alienate one parent from the other which amounts to emotional abuse - thus, in practice blocking contact usually to the father in divorce cases.
Family Courts in the U.K. generally refuse to acknowledge this widespread practice and Social Workers /Psychologists/the Judiciary ignore this concept largely I think ,because it emanates from the U.S.A and opinions of some years ago by Psychiatrists in this country. My question to The British Psychological Society on this subject was ignored.
By all means let's have more openess then these so called "experts" can be challenged.
George Rutter, Middlesbrough, Cleveland
To Lucy reed
If only your view was correct. as a practising 'Mckenzie Friend' (lay person who helps families and individuals going through family court proceedings who are representing themselves) I know of many cases where people have literally been whisked out of family court proceedings and carted off to prison on the order of the presiding Judge.
This may not be a palatable fact to the public, but it happens, and far more frequently than you may imagine...
drax, St Helens, Merseyside
I am not interested in the press, media or judiciary. I want to know why judgements and information about adoption/care proceedings/expert testimony/social services opinions et al are not made available in their entirety to the birth parents of the children or babies concerned. I presume that if these documents were available - then they could be challenged and people could be made accountable. I am sure the general public are oblivious to monumental injustices being done in their name and on their tax. Let us life the lid of this Pandora's box and get it sorted once and for all.
Georgina, North Somerset,
Re: Comment from Monte Carlo -
At point 2 you are referring to the courts committing parents to prison for contempt of court (breach of court order) which has a penalty of up to 2 years. These hearings are in fact conducted in public, unlike other family proceedings, precisely because of the deprivation of liberty.
Lucy Reed, London,
Labour could have ended Family Court secrecy Last year. A consultation showed 3/4 of the public and all the media would admit the press; it was the judges who were opposed, contrary to what Mark Potter remembers. Only 1 in 5 would let the media in their courtroom.
Labourâs response was dishonest. It ignored the publicâs view, and grotesquely misrepresented the children consulted. Lord Falconer said, âThey are clear â crystal clear â that they do not want the family court filled with people who have no involvement in proceedings.â
The Times said, âThat is a bizarre interpretation of the consultation findings⦠One can only conclude that he was expressing his own view.â
Once again the Government expresses its own view that Family Justice should operate without scrutiny or accountability. Publishing selected judgments will fool no one. What the public must see is the process by which they are arrived at. F4J appeased? The only people appeased are the judiciary.
Fathers4Justice
Nick Langford, Winchester,
1:- Why do family courts gag parents forbidding them to reveal details of proceedings after they have had their children taken for forced adoption by family courts?
Surely the right to protest against a perceived injustice is fundamental in any democratic country.?
2 A minister admitted in parliament that family courts imprison more than 200 parents every year with no public hearing ! Surely prison sentences , as long as 2 years, without public trial should happen only in dictatorships not in a democracy such as the UK?.
3:-Why do family courts take newborn babies for adoption jbecause a hired "expert" predictions that they may be at "risk of emotional harm".? Why should mothers and babies be split up because experts make predictions?
4;- A burglar facing 6 months or more in prison can demand a jury so why should a jury be denied to parents who risk losing their children for life?No jury would take children for the trivial reasons given by social services and accepted by judges
ian josephs, monte carlo, monaco
L Harris: the provisions in the Data Protection Act you are thinking of only apply to data which can be used to identify a living person (e.g. names, addresses, dates of birth etc.). The published judgments will be anonymised (see article), and so there will be no breach.
J Brilliant, London,
Er, how will that comply with the Data Protection Act?
L Harris, Poole, Dorset,
Another step by this facist government tightening their control over the media and the people of this country. Next step abolution of free elections and full control of all aspects of private and public life by the Labour Junta.
This is not hyperbole. The record speaks for itself. Iraq war, NHS and school 'reforms', the interference in the BBC.
Jon Ruben, Nottingham, UK