CHILDREN whose futures are determined by the courts will eventually have access to the records of what happened, under plans outlined yesterday to end the secrecy of family proceedings.

When such children reached 18 they would be allowed to see details of disputes between parents over contact, or of decisions to remove them from their families and place them in care.

The proposal is one of a series aimed at opening the family courts to access by the media and the public, outlined by Harriet Harman, the Constitutional Affairs Minister. About 400,000 cases are heard in family courts every year, but almost all take place in private to protect those involved.

Ms Harman said: “The current operation of the family courts attracts criticism to the family justice system as a whole and lays it open to accusations of bias and injustice which cannot be satisfactorily refuted.” She added that placing the family courts under greater scrutiny and making them more accountable would lead to better decision making.

Ms Harman said that the media would be admitted to all court hearings, except those on adoption, subject to reporting restrictions. The restrictions would be enforced with a new criminal offence for any breach. Judges would have the discretion to relax reporting restrictions.

Members of the public with an interest in a particular case could apply for admittance.

The courts would provide information to children when they became 18 so that they could understand the decisions made about them. This might be a transcript of a judgment, a summary, copies of orders or a recording held on the court file.

The courts would be open to inspectors and elected representatives such as MPs and council members to improve “democratic accountability”, Ms Harman said.

Anthony Douglas, the chief executive of the Children and Family Court Advisory and Support Service, said: “The needs of children in public law cases and when parents divorce and separate are not always well understood. We have a responsibility to try to get that right and remove the perception of bias and of things going wrong.”

AN OPEN OR SHUT CASE

• Family proceedings court (magistrates) Open (except adoption cases), with reporting restrictions
• County court Usually private; judge has discretion to open to public/press. But some proceedings public
• High Court Starting point is proceedings in private but with judicial discretion to open to public/press
• Court of Appeal Open to press and public. Judgments may have names concealed
• House of Lords Open to press and public. Judgments may have names concealed

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