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A zero sum game?

The number of SEND tribunal cases is rising and the proportion of appeals ‘lost’ by local authorities is at a record high. Lottie Winson talks to education lawyers to understand the reasons why, and sets out the results of Local Government Lawyer’s exclusive survey.

Media to be given greater access to family courts

The government has proposed opening up family courts to the media further as part of the Children, Schools and Families Bill. The plans follow changes introduced in April 2009 that allowed the media to attend most family proceedings for the first time.

The government is proposing to introduce the latest changes in two phases. The first will allow reporting of family proceedings – including placement proceedings for the first time – with a strict indefinite ban on the publication of the identity of the children and families involved. It will also prohibit sensitive personal information from being reported, unless the court directs otherwise. Controversially, the proposed rule changes will allow the naming of experts “in the interests of open justice and to improve public confidence”.

The government said it hoped that the changes would be seen as a move to an open reporting system where information would be reportable unless the court specifically prohibited it in an individual case, whilst still protecting the anonymity of the children.

A review of the impact of the changes will take place, at which stage ministers and Parliament will decide on whether some or all reporting restrictions could be lifted, while maintaining a total ban on identifying the children and families involved. Such a move would have to receive the positive backing of the both Houses of Parliament.

Justice Secretary Jack Straw said:  "We want to create a system that is transparent, accountable, and inspires public confidence in its good work, whilst still protecting the privacy of children and families involved.

"Greater media access to family courts will lead to greater trust in family courts. Finding the right balance among many strong views will take time, which is what this Bill will allow us to do.”