header-logo header-logo

The slur of secrecy

06 September 2007 / Sarah Palin
Issue: 7287 / Categories: Features , Family
printer mail-detail

The government’s commitment to maintaining the status quo in family courts is a disappointing policy reversal, says Sarah Palin

The government’s latest consultation paper on openness in the family courts, Openness in Family Courts—A New Approach (CP 10/07), published on 20 June 2007, comes out in favour of maintaining the old approach of secrecy in the family courts.

reversal

This is a disappointing reversal from the consultation paper published in July 2006, Confidence and Confidentiality: Improving Transparency and Privacy in Family Courts (CP 11/06), which proposed more openness “so that people could better understand, better scrutinise decisions and have greater confidence”.

Those proposals were twofold: a right for the media to attend hearings in family proceedings, subject to a power to exclude; and a right for the media to publish anonymised legal arguments and decisions.

The new consultation paper states that there was “little support for giving the media the automatic right to attend family courts”. Yet this is a reform which has long-standing and eminent judicial support and where a majority of

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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
Is a suspect’s state of mind a ‘fact’ capable of triggering adverse inferences? Writing in NLJ this week, Andrew Smith of Corker Binning examines how R v Leslie reshapes the debate
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
back-to-top-scroll