musings on family, law and family law.

a space for Jan to express thoughts and views about the day to day life of a family lawyer and the happenings of her family and her other family (otherwise the esteemed staff of Stantons solicitors in Gravesend, regularly the warmest place in the country). It might even occasionally have some useful legal advice but you, reader, are not my client.



Tuesday 26 January 2010

transparency in the family courts

It is beyond my comprehension why Jack Straw is determined to railroad his plans for "transparency" through the system oblivious to the concerns of those who are "users".
A very interesting press release came out yesterday:



News release
11 MILLION - led by the Children's Commissioner for England
Interim research findings published today (22 Jan) by the Children’s Commissioner for England , Sir Al Aynsley-Green, reveal how some children and young people really feel about the Government’s proposal to allow the media to report on evidence from family court proceedings.


The research, which is being carried out by the University of Oxford , shows that most children and young people involved in family court cases would be unwilling or less willing to disclose maltreatment or talk about ill treatment by a parent, express their wishes and feelings and any problems they were having at school with a journalist present. This could seriously impact on a judge’s ability to make difficult and often life changing decisions in their best interests.


Children and young people involved in the Commissioner’s research say they are worried about further humiliation resulting from information about their families being placed in the public arena as this could lead to bullying in schools and communities.


Proposals to introduce new arrangements for the publication of information from family court proceedings, which would enable the media to report these proceedings more widely, are currently being debated in Parliament as part of the Children, Schools and Families Bill. The Commissioner’s interim research findings were passed to parliamentarians this week for them to consider the children and young people’s views during the passage of the Bill.


The evidence gained to date by the Children’s Commissioner also highlights children’s scepticism at the power of the law, and other adults, such as lawyers and judges, to protect their privacy even if a formal ban exists on publishing information where they could be identified.


The children and young people stress the importance of them being told right from the start of the legal process that a journalist may be in court when they are giving evidence, before they discuss any issues. They also feel strongly that judges or magistrates should seek children’s views before deciding whether to admit the media to a hearing about their safety and care.


Sue Berelowitz, the Deputy Children’s Commissioner for England said:


"Our research findings to date are a cause for concern. We support the principle of openness but our overriding consideration is to protect the welfare of children. Transparency can be achieved in other ways such as publishing summaries of anonymised judgements.


"If these children and young people’s concerns fail to be addressed in the Bill, we could be faced with a situation where they are unwilling to speak out during family court proceedings and this could result in their best interests not being met."


The Children’s Commissioner’s final report will be published in the Spring.


ENDS


NOTES TO EDITORS:
1. The Children’s Commissioner’s interim research findings were presented to the Children, Schools and Families Bill Committee on 21 January 2010. The document is attached to this email and on Friday 22 January it can be viewed on the 11 MILLION website: http://www.blogger.com/www.11MILLION.org.uk

2. 11 MILLION is the organisation led by the Children’s Commissioner for England . The Children’s Commissioner for England was established under The Children Act 2004 to be the independent voice of children and young people and to champion their interests and bring their concerns and views to the national arena.
MEDIA ENQUIRIES:
Please contact:
Denise Malcolm on 05511 437 863 or 0844 800 9113
Out-of-hours: 07920 765 454



BUT will Jack Straw take the slightest notice? I doubt it!







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