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Confidence and confidentiality: Improving transparency and privacy in family courts
[CP 11/06]
11th July 2006 - 30th October 2006

Most of the proceedings in the family courts are held in private and the decisions are not generally made public. The way family courts currently operate attracts criticism to the family justice system and lays it open to accusations of bias and injustice. The family courts deal with some very private matters and difficult decisions. We want the courts to be more open, but also to ensure that those people involved have their privacy protected.

This consultation puts forward proposals for improving openness and privacy in family courts, specifically, to:

  • Make things simpler and more consistent across all family proceedings;
  • Allow the media into family proceedings as of right to attend proceedings, though allowing the court to exclude or restrict them where appropriate;
  • Ensure reporting restrictions provide anonymity of those involved;
  • Allowing for restrictions to be increased or relaxed, as the case requires;
  • Introduce a new criminal offence for breaches of reporting restrictions;
  • Allow attendance by others on application to the court;
  • Make adoption proceedings a special case.

These proposals would mark a major change in the way family courts conduct their business, and a major step forward towards the dual objective of confidence and confidentiality.

The consultation ends on 30th October 2006. To encourage debate about the openness and privacy in family courts the Government has launched a public online forum that complements the consultation process. Public dialogue about this topic will feed into the policy recommendations proposed by the Government. To have your say, visit their forum http://www.familycourtsforum.net/forum

Download the consultation paper "Confidence & Confidentiality"

Download the questionaire to "Confidence & Confidentiality"

Men's Aid Response to the questionaire "Confidence & Confidentiality"

Marie Del Pino
Transparency and Accountability branch
Family Justice Division
Selborne House, 4th floor, post point 9A
London SW1E 6QW

Tel: 020 7210 8601
Fax: 020 7210 8681
family.consultation@hmcourts-service.gsi.gov.uk

Only the guilty fear the truth.
Posted by ukfathers on 19/07/2006 - 00:23

Why does all reference made by the DCA, the Family Court and the local authorities to the reason for the secrecy of the Family Court proceedings, refer to the need to protect the identity of the child/children, which is obvious and accepted; whilst simultaneously, there is no reference to the strict secrecy applied to keep the identity of the social workers, paediatricians , psychologists and other 'public officials' whose statements instigated the cases ?

What is the legislation that keeps the identity of the social workers, paediatricians and others from being publicly disclosed, and their reports from being disclosed ?

Neither the DCA, nor the Family Courts have ever issued a statement that refers to how the secrecy relating to the identity of the child/children in Family Court proceedings, has been transferred over time to keep the identity of the social workers and other public officials from being disclosed.

How has this transfer been achieved and what is the legislation that has so effectively protected social workers and other 'public officials from prosecution ?

Dave Mortimer - Men's Aid



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