Research finds major concern amongst children at Family Court transparency plans

The Association of Lawyers for Children has objected to proposals to open the family courts to wider media access.

Research for the organisation and the National Youth Advocacy Service by Dr Julia Brophy, principal researcher in family justice at the University of Oxford, found a lack of confidence among young people in media reporting of family cases.

Her work followed the consultation launched in August by Sir James Munby, President of the Family Division, on the ‘next steps’ proposals in media access to family proceedings.  

The association said the research showed: “The risks to children and young people in an agenda where they say they have had little or no real voice.”

Researchers found that young people interviewed were unanimous in their opposition to media attendance at family court hearings.

They told researchers that the family court was “not a public arena “ and that increased, meaningful public knowledge about the work of family courts could not be achieved via the media.

They were particularly concerned that, even without the use of names in published cases,‘jigsaw identification’ might unmask children who were the subject of proceedings.

“Like previous samples, young people were also unanimous in their rejection of the proposal that reporters should have access to court documents,” Dr Brophy’s report noted.

She said that overall the interviewees felt that the proposals put already vulnerable children and young people at unacceptable risk, and that when young people are told the truth about media access issues, this would impact on their willingness and ability to engage with the process.

They also suggested that there were better and more reliable ways to address any concerns about the work of family courts.

Sir James is consulting on the working to date of the Practice Guidance on Transparency in the Family Courts, and on whether the listing of cases could be more informative but without naming the parties.

He is also seeking views on further guidance on the disclosure to the media of certain categories of document, and on the possible hearing in public of certain types of family case.

The ALC urged practitioners to respond to the consultation or write to the President regarding the views and position of young people on these issues.

Responses are expected by the end of October.

Mark Smulian