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Lost opportunities: law reform and transparency in the family courts
- Author:
- MUNBY Lord Justice
- Journal article citation:
- Child and Family Law Quarterly, 22(3), 2010, pp.273-289.
- Publisher:
- Jordan Publishing
One of the most important questions confronting the family justice system over recent years is the extent to which family courts should be opened up to the outside world. This article analyses the issues of transparency and law reform in the family courts, concentrating on cases involving children. It is based on the Hershman-Levy Memorial Lecture given in Birmingham on 1 July 2010. The article commences by discussing the confusion in the existing law restricting publication of material relating to family proceedings. It considers how the law might be improved by considering access to the proceedings, reporting of the proceedings, and disclosure of information out of the proceedings. The article then traces the history of the controversial measures introduced by Part 2 of the Children’s Schools and Families Act 2010. It concludes by questioning whether the new legislation fulfils the Government’s ambition to increase the amount and quality of information coming from the courts.
Reporting proceedings: redefining children as shields against media exposure
- Authors:
- CRAWFORD Sonia Ruth, PIERCE Justin
- Journal article citation:
- Family Law, 40, August 2010, pp.825-833.
- Publisher:
- Jordan
In April 2009 the rules inserted by the Family Proceedings (Amendment) (No 2) Rules (SI 2009/857) came into force. These rules permit accredited members of the press to attend most family court proceedings. In this article the authors discuss the extent of these rules and their possible advantages and disadvantages, in particular the impact on proceedings involving marital breakdown, the resulting financial proceedings and proceedings involving children. They consider the effect the new restrictions will have on the court’s power and duty to protect the child and the child’s identity. They also consider the influence the rules might have on the reporting of ancillary relief proceedings. The authors conclude that the new rules bring to the fore an immediate tension between the press and the court. The rules do not permit the press to report everything and they suggest this will inevitably lead to the misreporting of cases. In addition the reporting restrictions of proceedings involving children remain much tighter than other family proceedings. This could mean that parties to proceedings will seek to include children in proceedings where they may not necessarily have been used before as a shield for the appetite of the press for headline gossip. It is the authors’ view that the failure of the rules to draw a distinction between private family cases and those proceedings involving the care of minors in a public sense results in the ill effect of ensuring that children become not only shields but weapons in family proceedings.
The views of children and young people regarding media access to family courts: some interim findings: briefing paper - Children, Schools and Families Bill Committee, 21 January 2010: Children, Schools and Families Bill (part 2 - family courts)
- Authors:
- AYNSLEY-GREEN Al, BERELOWITZ Sue, BROPHY Julia
- Publisher:
- 11 Million
- Publication year:
- 2010
- Pagination:
- 5p.
- Place of publication:
- London
This report provides a selection of interim findings based on in-depth interviews with 35 children and young people. The study is funded by the Children’s Commissioner for England and aims to provide information from children and young people to assist policy makers and practitioners when considering their needs and rights in complex questions about media access to family courts, and issues of transparency in the family justice system. The research addresses both recent changes to the Rules (April 2009) permitting media into family hearings, and further issues raised by aspects of Part 2 of the Children, Schools and Families Bill – family courts, regarding sensitive information and information pertaining to the identity of children and families. At this interim stage, the findings indicate some serious problems are likely to arise for children, clinicians and thus family courts, with significant implications for children’s safety and well-being.
Nurse, there's a fly on my wall
- Author:
- EATON Lynn
- Journal article citation:
- Nursing Times, 4.2.98, 1998, p.16.
- Publisher:
- Nursing Times
Reports on how a television documentary filmed on a psychiatric ward has led to protest from mental health groups and nurses worried about the patients' ability to give informed consent.