The best way to find out what children think is to ask them

Are young people really best placed to judge whether family courts should be more open?
A report on the process of consultation-led reform

The best way to find out what children think is to ask them
Young people are to be asked their views on how to make the courts more child-friendly as part of a drive to remove the secrecy of the family courts. A special online forum, mounted by the Department for Constitutional Affairs, will canvass their opinions on plans to reform hearings that decide a child’s future when parents separate; or whether a child should be removed into care. Young people will also be asked what they think of judges speaking to them about their parents’ separation and to give their views on new guidelines for giving them their own lawyers in separation cases. Crucially, they will also be asked if, when they become adults, they should receive full information about the court’s judgment in cases affecting them.

Outlining the plans last week, Harriet Harman, minister for constitutional affairs in charge of the family court reforms, said: “The online forum will enable children to tell the DCA what they think of these proposals, and whether they think they would help them. A child’s life can be irrevocably affected by a decision of the family courts and I want their opinions to be fully considered as we develop plans to improve the family courts.”

But the largest group of family lawyers in England and Wales has voiced fears that too much emphasis is being placed on children’s views as to how open family courts should be. Resolution, a 4,000-strong group of family solicitors, urges caution, warning that “openness brings risks as well as benefits”.

Andrew Greensmith, its chairman, said: “Of course, the interests of children are paramount in the debate about how open family courts should be. But comment is most valuable if it is informed comment. Children who have experienced the current system will have done so at a time of great emotional upheaval.” He added: “They may not recognise the long-term damage that can be caused by too much openness about their family’s life.” “Once information is in the public domain, like information on the internet, it is there for ever, however damaging it is.”

Mr Greensmith said that lawyers also had concerns about the difficulty of achieving “anonymity”, especially in small communities. “It has urged the Government to adopt a cautious, stepped approach to change. Justice has to be seen to be done, but over-exposure of personal details can actually work against justice rather than towards it.”

To preserve their anonymity, the young people can use aliases when they use the online forum, which runs until October 9 at www.ofcf.net.

A spokesman for the Department for Constitutional Affairs (DCA) said that there was no way to guarantee that comments were genuinely from children. “We just want to draw in as many views as we can; we don’t think there will be many adults posing as children.”

The comments will be moderated to ensure no identifying information can be viewed by others and then fed into the wider consultation process.

There has been growing criticism of the secrecy of family courts and both judges and ministers have expressed concern that it is undermining public confidence in family court decisions. Most family court proceedings are held in private with the media excluded and decisions generally not made public.

But rules on access vary, even for similar kinds of cases. It can also prove hard for those adults who as children were involved in cases to obtain accurate information about their case.

As part of the consultation on opening up the courts, the DCA is also running an online discussion forum for adults www.familycourtsforum.net

The closing date is October 30.

Frances Gibb
12 September 2006

http://www.timesonline.co.uk/article/0,,200-2349139,00.html

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