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Family Courts must lift their veil of Secrecy
Source: Daily Mail Published: 24/06/2006
By Benedict Brogan, Political Editor
THE secrecy surrounding the family justice system will be shattered next
month under plans to give children who are removed from their parents the
right to know why.
Judges and social workers will have to provide a written 'life story' to be
handed over when a child in care reaches 18.
It will set out the details of their case and explain the decision to put
them up for adoption.
It raises the prospect of teenagers discovering for the first time the
harrowing details of their childhood and the truth about their parents.
A radical package of measures to be unveiled by the Government will also
open around 400,000 cases a year in the Family Courts to the media and the
public.
Ministers are debating going further by giving social workers and courts
inspectors the right to scrutinise the way decisions about the future of
children are taken.
Frustrated parents have compared the family courts system to Guantanamo Bay
for the way it works behind closed doors and with stringent secrecy
requirements
They say it is one of the 'dark corners' of British justice that is
dominated by unaccountable social workers and is in desperate need of an
overhaul.
Campaigners say rules set up to defend a child's privacy are being used to
cover up miscarriages of justice.
And they claim that in some cases mothers have been driven to suicide by the
impact of having a child removed against their will.
The system handles everything from divorce to settlements to crucial
decisions about the future of children, including what contact they should
have with their parents.
Its decisions are covered by complex reporting bans that make it a contempt
of court to report proceedings or decisions.
Family Law Minister Harriet Harman will announce next month measures to open
the courts to public scrutiny.
Questions which they need answered
She will outline plans for a pilot scheme to begin later this year that will
see family proceedings in the High Court opened to the public under
controlled conditions. Legislation will follow.
Openness will be offset by measures - including a criminal offence - to
protect the anonymity of those involved. This gives judges the right to
exclude "nosy neighbours'.
The Department for Constitutional Affairs warns to force the courts and
social workers to explain their decisions in writing.
What Miss Harman describes as a 'life story' would be handed to the child on
its 18th birthday, in an attempt to set the record straight. She argues that
a written statement would help to dispel potential family myths, and that
the court is the 'most impartial and objective source' to explain the
decisions to a young adult.
"For some adopted children, finding their birth parents leaves them with
even more questions which they need answered,' she said. They need to know
what the court did that changed their life so profoundly and why.'
She added: 'Public confidence depends on public scrutiny. It has to be seen
to be believed and justice not only has to be done it has to be seen to be
done - including in the family courts.
I think, in this day and age, it is hard for people to value what they
cannot see. It is hard for people to have confidence in something which is
closed. It is impossible to defend a system from accusations of bias and
discrimination if it operates behind closed doors.'
By Benedict Brogan, Political Editor
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