ALC welcomes Government's new approach on openness in family courts
ALC welcomes Government's new approach on openness in family courts
The Association of Lawyers for Children has broadly welcomed the Government's partial retreat in moves to open up the family courts. Responding to the consultation paper "Confidence and Confidentiality – Openness in the Family Courts – A New Approach", published in June this year, the ALC stated that it was pleased that
"(a) That the family courts should not be opened to the press and the public as a matter of course.
(b) That there is a need to focus on children so that their needs, interests and welfare are at the centre of any proposals made, in particular the protection of their privacy.
(c) That there is need for more information about how the family justice system works, both for improving public understanding, and for helping families involved, or about to be involved in family proceedings.
(d) That there is a need to ensure that the courts remain private whilst giving them the discretion to decide on a case by case basis whether to allow people with an interest, including the media, into proceedings."
However their response highlighted one continuing area of debate. Under the new proposals the criteria for deciding whether or not information can be disclosed will be the purpose of disclosure rather than to whom it is being disclosed. This, they claim, loses control of the risks associated with wider dissemination. In their response, while acknowledging the difficulties caused by the current rules, they suggest a possible solution:
"(a) The creation of a definitive 'disclosure list' of organisations and individuals to whom disclosure is permissible for specified purposes, that list being separate from the rules governing disclosure and to which the rules governing disclosure will refer.
(b) A review of the current list of organisations and individuals to whom disclosure is permissible for specified purposes in order to determine who should properly be included in the definitive disclosure list.
(c) The creation of an applications process by which organisations and individuals can apply to be included in the list of organisations to whom disclosure is permitted for specified purposes".
The ALC also wholeheartedly support the continued protection of the child post-proceedings unless there is an order to the contrary.
The full response can be found on the ALC website via this link - http://www.alc.org.uk/ALC_Responses.htm
15 October 2007