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Safeguarding, privacy and respect for children and young people and the next steps in media access to family courts
- Author:
- BROPHY Julia
- Publisher:
- National Youth Advocacy Service
- Publication year:
- 2014
- Pagination:
- ix, 69
- Place of publication:
- Wirral
This report sets out the findings of a consultation with 11 young people about their views on media access to family court hearings, the use of pictures of babies, children and young by the media, the impact on children and young people of media reporting of cases, reporters’ access to family court documents, and on publication of judgments and identification of children involved. The report identifies severely detrimental, far reaching consequences for children, whose private and intimate lives are made public and in which they had no choice, including serious depression, self-harm and suicide. It demonstrates that the right to privacy is paramount to children, together with a duty for adults and the media to gain children’s informed consent before publishing information about them. The report concludes that the framework for this area of legal policy has to be considered against the commercial imperatives of the contemporary media and not an ideologically driven agenda about public education, which the press itself does not claim to fulfil. (Edited publisher abstract)
The contribution of experts in care proceedings: evaluation of independent social work reports in care proceedings
- Author:
- BROPHY Julia
- Publisher:
- University of Oxford. Department of Social Policy and Social Work
- Publication year:
- 2012
- Pagination:
- 75p.
- Place of publication:
- Oxford
This study examines concerns about duplication and delay through the use of independent social work (ISW) assessments in family court proceedings. It explored the lack of an evidence base for current policy towards independent social work expertise. The study was based on 65 cases concerning 121 children and 82 reports for courts in England and Wales. The sample was drawn from the records of three independent agencies providing ISWs. The report suggests that concerns that ISWs simply duplicate existing parenting assessments, that they cause delay and that there is a high use by parents seeking 'second opinion' evidence based. However, it was found that ISW reports mostly provided new evidence not already available to the court. The authors concluded that there was a misconception in the debate about independent social work practitioners in care proceedings; whilst they undertake a welfare task providing high quality welfare reports, they also have an additional role. It arises from their duties and responsibilities to the court as an expert witness and permits them to undertake tasks for the court which a social worker – as a professional witness for the local authority – cannot. Also the work of the ISW can move cases forward in a way not achievable by local authorities or children's guardians.
The views of children and young people regarding media access to family courts
- Author:
- BROPHY Julia
- Publisher:
- 11 Million
- Publication year:
- 2010
- Pagination:
- 55p., bibliog..
- Place of publication:
- London
This report is based on an independent study of 51 children and young people with experience of proceedings and seeking their views regarding press access to and reporting of family proceedings. Respondents are drawn from a range of geographical areas in England and interviews were undertaken between November 2009 and January 2010. Findings showed that almost all of the children and young people (79% in the public law sample, 91% in the private law group) were opposed to the decision to permit reporters into family court hearings. The main reason for this was because the children and young people said that court hearings address issues that are ‘private’. They concern events that are painful, embarrassing and humiliating for children and an overwhelming majority said this detail was not the business of newspapers or the general public. The report concludes that there should be an independent review of the rules on media access to children’s hearings.
Young people’s views about media access to Family Courts: implications for welfare practitioners
- Author:
- BROPHY Julia
- Journal article citation:
- Seen and Heard, 20(2), June 2010, pp.27-35.
- Publisher:
- NAGALRO
- Place of publication:
- Esher
Looking at views from 51 children, young people and adults (9-23 years, majority aged 11-17) interviewed for the Office of the Commissioner for Children between November 2009 - January 2010, about media access to Family Courts in England. The article is written in the context of the lack of research on children/young people’s views on this issue, Part 2 of the Child School and Families Act, recent changes (following the election) at the Lord Chancellor and Ministry of Justice and the CAFCASS attitude of accepting/supporting ‘the position of the current Lord Chancellor and Minister of Justice. Vignettes of ‘real’ cases are published in the ‘11milllion’ report (March 2010) and this paper discusses its findings under headings of ‘reporters in court’, ‘publishing information from cases and judgements’, ‘children’s safety and welfare and issues of ethical integrity’, ‘views about children’s rights to privacy’, ‘children and young people’s views about the press’, ‘educating the public’, ‘naming social workers, guardians, family court advisors and doctors in newspaper stories, and allowing reporters to read their reports’, and ‘evidence-based policy’. Recommendations, such as a call for independent review are explored.
Research review: child care proceedings under the Children Act 1989
- Author:
- BROPHY Julia
- Publisher:
- Great Britain. Department for Constitutional Affairs
- Publication year:
- 2006
- Pagination:
- 112p.
- Place of publication:
- London
This research review focuses on care proceedings under s.31 of the Children Act 1989 concerning allegations of ill-treatment of children by parents/carers. The review covers larger scale empirical research on care proceedings, primarily but not entirely commissioned by government in the fourteen years following implementation of the Children Act. Key findings include the seriousness of the cases which are brought before the courts. Most parents are highly vulnerable - for example many have mental health problems, drug or alcohol problems - and lead chaotic lifestyles, including violence in the home. Overall findings were more positive than anticipated. A minority of children were not in permanent placements, some changes occurred, but only in about 15% of cases was placement uncertain/unachieved, and most children were in a settled placement within 12 months of the final hearing.
Building bridges in changing worlds: messages from international child maltreatment research
- Author:
- BROPHY Julia
- Journal article citation:
- Representing Children, 17(2), 2004, pp.116-130.
- Publisher:
- National Youth Advocacy Service
Debates about child protection in multicultural societies increase the need to explore research on 'culture' and child maltreatment in an effort to improve evidence-based practice. The number of studies addressing ethnicity/cultural contexts and maltreatment is not large. From those published to 1999 the author discusses 2 under 3 subheadings which have been identified in contemporary debates in the UK: those exploring the relationship between poverty, child maltreatment and ethnicity; those exploring cross-cultural attitudes towards maltreatment; and investigations of reporting of maltreatment from a comparative perspective. All demonstrate how difficult it is to grasp 'culture' in the research enterprise and how researchers sometimes move between talking about ethnicity and cultural practices. Much remains to be done exploring the relationship between poverty, ethnicity and ill-treatment.
Diversity and child protection
- Author:
- BROPHY Julia
- Journal article citation:
- Family Law, 33, September 2003, pp.674-678.
- Publisher:
- Jordan
Presents findings from a review of race and cultural diversity in clinical writing and research, based on a literature review undertaken in 1999 funded by the Nuffield Foundation. Using databases in social and medical sciences the review aimed to identify writing and research based on work assessing ethnic minority families in the context of child protection litigation; and explore more general clinical writing which focuses on the assessment, diagnosis and treatment of ethnic minority clients, and to identify the implications this work might have for professionals working in the family justice system. The review found little work specifically looking at child protection work in ethnic minority families, but more literature was identified that looked generally at ethnic minority clients. Calls for further work on the issues of diversity in the family justice system.
Child psychiatry and child protection litigation
- Author:
- BROPHY Julia
- Publisher:
- Gaskell
- Publication year:
- 2001
- Pagination:
- 134p,bibliog.
- Place of publication:
- London
This book examines the Children Act 1989 and what courts require of experts; the institutional and contractual base from which these clinicians approach medico legal work; their own views of their added value to proceedings; and how this field should be taken forward, both by the family justice system and by the clinical community.
Race and ethnicity in public law proceedings
- Author:
- BROPHY Julia
- Journal article citation:
- Family Law, 30, October 2000, pp.740-743.
- Publisher:
- Jordan
Research identifies that children are maltreated in all cultures. There is frequently inadequate information, training, or support to enable all professionals to address issues of culture and ethnicity throughout assessments and decision making regard to risks and harm to children in minority ethnic households. Looks at two studies which explore how issues of 'race', ethnicity, and culture and religion are addressed following allegations of child maltreatment in minority ethnic households.
Privacy and safeguarding: an evaluation of Practice Guidance (2018): anonymisation, and the treatment of descriptions of sexual abuse of children in judgments
- Authors:
- BROPHY Julia, SMITH Marisol
- Publisher:
- CoramBAAF
- Publication year:
- 2021
- Pagination:
- xi, 157
- Place of publication:
- London
This ‘fast track’ qualitative study builds on research regarding the views and experiences of children and young people regarding the privacy and safeguarding of children subject to proceedings in the context of information contained in judgments placed in the public arena. It evaluates the Practice Guidance (2018) issued by the President of the Family Division which aims to assist judges to improve the anonymisation of children judgments placed on BAILII (British and Irish Legal Information Institute) – a public website on which judgments are posted, not published. BAILII does not have an editorial role, nor responsibility for the content of materials made available on the site; that remains the responsibility of the author of the judgments. This evaluation explores whether, when adopted, Guidance reduces/eliminates risks to children of jigsaw identification from judgments, and secondly, better safeguards those who may be vulnerable as a consequence of public disclosure of graphic descriptions of sexual abuse/rape, by the use of a summarising/abridged version of abuse, and whether use is made of an annex document. The report makes constructive recommendations for change – including operational changes to better implement Practice Guidance. It sets out two crucial priorities for judicial practice: a halt to posting judgments concerning the sexual abuse of children, and the removal of those already posted, pending a review and full implementation of Guidance on these judgments; and no automatic presumption of ‘posting’ of public law children judgments, and a pause in posting children judgments pending the operational changes made in the report. (Edited publisher abstract)