header-logo header-logo

Authorised abuse?

20 September 2007 / Finola Moss
Issue: 7289 / Categories: Features , Child law
printer mail-detail

Courts and public agencies have too much control over family life, says Finola Moss

English courts possess the most draconian powers to remove children from their parents in Europe and have twice the number of permanent removals than in Scotland, yet the government maintains that these courts must remain behind closed doors to protect a child’s right to privacy.

Arguments for privacy appear rather pyrrhic, as if the child remains with his parents the community will already be aware of his predicament, as care proceedings per se involve a public examination of everyone one who has, or has had, contact with the child and his family by court officials. If adopted the child’s name is changed and if in care his antecedents follow.

Could this privacy not equally be served by putting reporting restrictions on the media as in criminal courts? As proceedings are behind closed doors, family judges cannot publish their judgments, any miscarriages of justice cannot be aired in the media, and parents cannot seek help from anyone, even their MP.

ADOPTIONS

Despite

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll