This week, the most senior family law Judge in the country; Sir Mark Potter, has said that family courts should be opened to the media to dispel the “myths and inaccuracies” surrounding the system. It is expected that before the end of the year Jack Straw, Justice Secretary, will announce plans to increase transparency whilst aiming to protect children. This follows several years of consultation with interested parties. It is a move likely to be welcomed by the media, some of the judiciary and those who have long campaigned against “the secret state”. Many social workers and children’s groups including the NSPCC are opposed to greater openness and fear children’s rights will not be protected.

Jo Taylor is a solicitor specialising in divorce and family law at Pickerings in Tamworth. She explained and commented on the likely effect of these proposals:

“This will affect a range of cases including those where a local authority acts to take a child into care, or where parents dispute child contact or residence. It may also apply to divorce cases and financial disputes. Adoption cases will almost certainly be excluded.

Currently the majority of family court proceedings are held in private with media banned from the court and rulings generally not made public. This has led to a perception in some quarters that the courts operate in secret. There have been accusations in the national press of a ‘secret state’ and an alleged loss of public confidence and trust in the family courts. The extent to which the general public are concerned or dissatisfied is not entirely certain.

Our experience is that those involved in the process in particular the children’s parents may be upset by the outcome of the proceedings, but rarely criticised the secrecy of the process for example parents in care proceedings are aware of the case against them, see all the evidence and are entitled to free legal representation.

It must be remembered that the information which the current disclosure rules exist to protect, constitutes some of the most sensitive information possible often including intensely private material on medical concerns emotional difficulties and family relationships.

As a family lawyer my key concern is that children’s rights are protected. It is vitally important that the confidentiality of children is respected. Local press coverage is likely to be a greater threat to anonymity than nationwide coverage. Simply removing the names would not be sufficient to ensure for example that in a case involving a family from Burton or Swadlincote, the local community could not easily identify from the details given who the children were.

In respect of divorce cases certain elements in the press might be tempted to focus on embarrassing issues and salacious details which are of no genuine public interest except for sensationalism. I question whether couples should have to ‘wash their dirty linen in public’ simply to satisfy the public’s interest in gossip.

To contact Jo Taylor telephone 01827 317084