header-logo header-logo

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

Authorised abuse?

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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll