Sir, Camilla Cavendish asserted that there was a “secret State” in place (Comment, Feb 21), determined to separate children from their loving parents. Nothing could be farther from the truth. Legislation requires local authorities to ensure that children live with their parents wherever possible, and that services should be provided to “children in need” and their families to enable this to happen.

Sometimes this isn’t possible, and difficult decisions have to be taken to remove a child from his or her family. It is crucial that a child’s welfare is put first, and that protection is provided effectively and speedily.

Social workers cannot remove children from their parents’ care (without the parents’ consent) without first obtaining the authority of a court order. This is a fundamental safeguard in the system.

When a child is taken into care, the legislation is clear: efforts should be made to work with the child and the family to address the problems that led to the need for care, and reunite them if possible. If this is not possible, then proper consideration must be given to the child being cared for by wider family. It is only if none of these options is suitable that a placement with a foster carer not already known to the child will be made.

Most family court cases are heard in private. Private does not mean secret. The Ministry of Justice is developing pilots that will focus on improving openness by providing much more information to the public about family cases. We will be asking courts to produce a transcribed judgment, or a decision summary or (in the family proceedings court) written reasons. We want this information to be given to parents; retained for children so that they can ask to see it when they become adults; and published anonymously so that the general public can access it easily.

Kevin Brennan
Parliamentary Under Secretary of State, Department for Children, Schools and Families

Bridget Prentice
Parliamentary Under Secretary of State, Ministry of Justice

Sir, The House of Commons Constitutional Affairs Committee (now the Justice Committee) reported on this issue in June 2006. The Government’s response included a public consultation exercise that year, but sadly there has been no fundamental change in the degree of secrecy in family courts, which in our view goes beyond what is needed for the protection of children.

Alan Beith, MP
Chairman, Justice Committee

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