Frances Gibb, Legal Editor, and Rosemary Bennett
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Family courts are to be opened up to public scrutiny in response to mounting criticism from parents whose children are taken into care that they are victims of “secret justice”.
Jack Straw, the Justice Secretary, plans to announce the change next month to create more transparency in the family justice system while seeking to protect the welfare of the child, The Times has learnt.
The move to open family courts to the media, which is supported by most judges but opposed by many social workers who present applications for care proceedings to courts, follows growing controversy over their decisions and the way that they operate.
Earlier this year The Times launched a campaign to reform the family justice system and open up the courts amid accusations that they were operating in a “conspiracy of silence”.
Details of how far the reforms will go are still being finalised. But the move towards greater openness will amount to a U-turn from the policy of the last Lord Chancellor, Lord Falconer of Thoroton, who changed his mind about admitting the media after consultations with children and children’s groups.
Britain’s most senior family judge backs the reforms today in an interview with The Times. Sir Mark Potter, President of the Family Division, favours opening to the media all care cases involving the removal of children from home other than for adoption, a highly sensitive area that ministers and judges agree is a special case. In private disputes between divorcing couples over money or children, judges should have discretion to exclude the press, Sir Mark says.
Greater openness would help to dispel the “myths and inaccuracies” that have grown up around the workings of the family courts. “It is my firm belief that when people see these cases in action, and the extreme care with which they are dealt – and the fact that so much of what is said comes from interested and disgruntled parties not reporting the matter objectively – it can do nothing but good for the system,” he says.
Ian Johnson, chief executive of the British Association of Social Workers, was unconvinced that opening up care proceedings in court would lead to improvements.
“Social workers are very concerned that children’s fundamental rights to privacy are preserved,” he said. “The nature of some of the information dealt with in family courts should just not be in the public domain. I just don’t agree with this argument that having the press there will result in better social services.”
But John Coughlan, spokesman for the Association of Directors of Children’s Services which represents senior social workers, said the organisation would back more openness provided it was done carefully.
“We believe that, as long as we can guarantee absolutely confidentiality and the press can be reasonable and do not report in a way that affects the outcome of a case, there is a public interest issue,” he said.
Mr Coughlan said that these are some of the most draconian powers the state holds and that “the public wants to see how they are exercised”.
NSPCC, the children’s charity, opposed openness but suggested more judgments from family courts should be given in public and then made anonymous, but only where children’s interests were protected.
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As long as "seeking to protect the child" is not a euphemism for hiding the malpractice of Social Services, we should see rapid improvements. Accountability will correct any hidden and subtle "pseduo science" , and injustices against parents.
Sally Ann Cooke, Newport, Gwent
How can justice be seen to be done in secrecy?
I want adopted children to be able to find a genetic key : the full disclosure of medical family history.
A real cause of fact finding
An end to threat therapy
Put an end to admitting to threshold
linda McDermott, Luton, bedfordshire
At last! Well done Jack. Having supported a family and their children for over seven years and seen the disastrous outcomes of decisions made by Social Workers I welcome this change. Such a decision may well sort out the chaff from the wheat and needless suffering of children will end.
Ann Weatherly-Barton , Charlton Marshall, Blandford, Dorset
Heard it all before talk is cheap Jack , the old 1's are the good 1's didn't HArriet say the same thing years ago ?
How about open them up before the shame of children in adoption is OUT they can not find a tem cell donor or a bone marrow donor .Why ?
The maladministration of evidence
linda McDermott, Luton, bedfordshire
I agree with most of the comments already posted, from Anne, Chaz, John Moore, Richard, Adam, Mike, Greg Lorriman, Derek Clifton and David Thomas. Having now worked with social workers since January, I am very saddened at some of the things I have seen and heard, the System is God.
Dee, Kent, UK
I am sceptical of the level at which openness is being considered, but welcome anything that leads to greater accountability and ways to improve the services delivered to children and their parents. Perhaps peer reviews and better case management will lead to much needed reforms. Secrecy must end.
David Thomas, Manchester, England
Conspiray of silence?
Sebastian, Luton, England
Alas, media access to family courts is unlikely to disclose
the full extent of dishonesty, misinterpretation, and manipulation we see in preparation of "evidence" against parents. Family lawyers should be ashamed of their failure to challenge such cases adequately.
Jean Robinson, AIMS.
Jean Robinson, Oxford,
fortunately most divorce type stuff, all the bitterness is done by affidavit so there is nothing exciting for the vermin to watch. please remember there is nothing more agonising for a Judge to do than to take away a child or, sometimes, a home they are kind and decent people as a rule
peter c, Devizes, Wessex
And about blooming time too....although there is, as they say, no smoke without fire>>>>>>>
Derek Clifton, Andover, Hampshire, England
Secrecy can cover injustice, but there is legal injustice when children are not returned to their parents only because 'experts' have decided they have bonded too much with their new family.
Adoption should not be as final as capital punishment: where parents are cleared children MUST be returned
Greg Lorriman, Leatherhead, UK
You may not be able to enter the secret family courts, but you can enter the specialist domestic violence(abuse) courts. Here you will see the discrimination at work! Approx 25% of recorded incidents of domestic abuse recorded at police stations are against MEN.....
Michael Wiffen, Manchester , United Kingdom
The problem with press coverage is the danger of stigmatising parents who may be dealing with domestic violence and/or drugs problems. Social services do their best to work with parents to, if possible, get children back in the family home.
Daf, Nottingham,
....I attend court on 3 days, and view on average 24 cases. Given the figure of 25% you would think that i would see on average six cases a week that are female defendents. WRONG! I'm lucky if i see one female defendent A MONTH! I believe that in access of 80% of defendents are the primary victims!
Michael Wiffen, Manchester, United Kingdom
For how long has the secrecy of Family Courts protected the identity of the social workers rather than those of the children we trust them to protect?
If their actions are not transparent and open, how can the process in which they are involved be anything other than one-sided and questionable?
Mike , Luton, England
Anne,
There must be secrecy because Social Workers, who after all, really know what's best for all of us ignorant peasants, say so!
Or perhaps they are fearful that yet more ineptitude & incompetence will be publicly demonstrated - see reports Maria Cowell, Victoria Climbie, and so on.
Roy, Newtown, Powys
Hopefully this will be extended throughout the family justice system.
Closed courts are at odds with the European Commision on Human Rights and subject to abuse due to their lack of transparency
Adam, Norwich, Norfolk
As a retired practising lawyer this a long overdue move by the Justice Secretary. It's time that the mysteries surrounding the
Family Courts and the work of Social Workers was uncovered so that they have to be accountable - at last. It's time that the Social Serice Worker stopped playing God.
Rodney Barker, Gainsborough, England UK
I'm not clear on why there must be secrecy.
Burdening the child with something that is seen as such a shaming secret that only the social workers and judge must ever know about it seems a cruel millstone for them to overcome.
How can teachers, other family members etc help if they don't know
Anne, Dundee,
YES! Brilliant 17 yrs waited for courts to expose what ss do, in that time i lost 2 children to a man who had abused his step daughter, the ss knew all this and influence the court to give him residence ,had a caution before! they put them in danger and more abuse, i have had fear and hell 4 them
chaz, Suffolk, uk
This became a problem when Blair told councils that funding to them would depend on the number of adoptions of children in care.
As Social Services could not place the children already in care they increased the number of children that they took into care and targeted those that could be adopted.
John Moore, Paphos, Cyprus
The entire issue of the role of social workers should come under scrutiny. There have been far too many instances of social workers acting in a most deleterious way. So long as the rights of individuals are protected.
richard, bangkok,