The
Association of Lawyers for Children
15 October 2007
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 (pdf doc)", 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 -
ALC
Responses
15 October 2007
Full response by Fassit to ‘Confidence & Confidentiality: Openness
in Family Court – new approach’….June 2007. Presented by Lord Chancellor
(Lord Falconer) Secretary of State for Justice.
Is this another
‘dodgy dossier'? by our Correspondent Jack Frost.
24 June 2007
