Mark Stephens: Family courts too must uphold the principle of open justice

Comment

Share
Related Topics

This ruling is a hugely important victory for transparency and should be very warmly welcomed. The UK courts have a principle of open justice, of keeping the judge on trial while he is judging. That principle is absolutely critical in cases where the person is unable to represent themselves – as is the case at the Court of Protection.

One of the problems for the English courts has always been their eagerness to close their doors to public scrutiny in relation to family matters. While there are occasions when a court needs to be closed, there are many more occasions where they need to be open.

The first day that the family courts were opened to journalists, a reporter went into a court in Norwich and saw a child being taken away from its mother. But in the process of doing that, he heard an expert witness for the local authority change his mind no fewer than six times. The only person there who could bear testimony to what had occurred – and the injustice that this mother had suffered – was the journalist, as there was nobody else in the public gallery.

In cases handled by the Court of Protection, where there sometimes isn't even a mother fighting for the child, it's even more important that the activities of local authorities are scrutinised to ensure that court proceedings are properly conducted, and that people can have faith in them.

The higher echelons of the judiciary have been deeply troubled by some of the things going on in the courts behind closed doors, because it has led to an erosion in public confidence. As a practising lawyer I can say that this erosion is largely misplaced, but it is absolutely essential that this is demonstrably shown so that there is no doubt. There has to be some pressing need for privacy or secrecy before the courts are able to shut the door.

This is also the first time that British courts have recognised developments at the European Court of Human Rights in Strasbourg, giving force to the right of journalists and others to receive information. Until now, the right to freedom of expression has been seen essentially as a right to impart information – now, the right to receive information has been equally recognised.



The writer is a partner with Finers Stephens Innocent and a specialist in media law.

React Now

Latest stories from i100
Have you tried new the Independent Digital Edition apps?
iJobs Job Widget
iJobs General

Mobile Developer (.NET / C# / Jason / Jquery / SOA)

£40000 - £65000 per annum + bonus + benefits + OT: Ampersand Consulting LLP: M...

Humanities Teacher - Greater Manchester

£22800 - £33600 per annum: Randstad Education Manchester Secondary: The JobAt ...

Design Technology Teacher

£22800 - £33600 per annum: Randstad Education Manchester Secondary: Calling al...

Foundation Teacher

£100 - £125 per day: Randstad Education Chelmsford: EYFS Teachers - East Essex...

Day In a Page

Read Next
Critics of Fiona Woolf say she should step down amid accusations of an establishment cover-up  

Fiona Woolf resignation: As soon as she became the story, she had to leave

James Ashton
 

Letters: Electorate should be given choice on drugs policy

Independent Voices
The drugs revolution starts now as MPs agree its high time for change

The drugs revolution starts now as MPs agree its high time for change

Commons debate highlights growing cross-party consensus on softening UK drugs legislation, unchanged for 43 years
The camera is turned on tabloid editors in Richard Peppiatt's 'One Rogue Reporter'

Gotcha! The camera is turned on tabloid editors

Hugh Grant says Richard Peppiatt's 'One Rogue Reporter' documentary will highlight issues raised by Leveson
Fall of the Berlin Wall: It was thanks to Mikhail Gorbachev that this symbol of division fell

Fall of the Berlin Wall

It was thanks to Gorbachev that this symbol of division fell
Halloween 2014: What makes Ouija boards, demon dolls, and evil clowns so frightening?

What makes ouija boards and demon dolls scary?

Ouija boards, demon dolls, evil children and clowns are all classic tropes of horror, and this year’s Halloween releases feature them all. What makes them so frightening, decade after decade?
A safari in modern Britain: Rose Rouse reveals how her four-year tour of Harlesden taught her as much about the UK as it did about NW10

Rose Rouse's safari in modern Britain

Rouse decided to walk and talk with as many different people as possible in her neighbourhood of Harlesden and her experiences have been published in a new book
Welcome to my world of no smell and odd tastes: How a bike accident left one woman living with unwanted food mash-ups

'My world of no smell and odd tastes'

A head injury from a bicycle accident had the surprising effect of robbing Nell Frizzell of two of her senses

Matt Parker is proud of his square roots

The "stand-up mathematician" is using comedy nights to preach maths to big audiences
Paul Scholes column: Beating Manchester City is vital part of life at Manchester United. This is first major test for Luke Shaw, Angel Di Maria and Radamel Falcao – it’s not a game to lose

Paul Scholes column

Beating City is vital part of life at United. This is first major test for Shaw, Di Maria and Falcao – it’s not a game to lose
Frank Warren: Call me an old git, but I just can't see that there's a place for women’s boxing

Frank Warren column

Call me an old git, but I just can't see that there's a place for women’s boxing
Adrian Heath interview: Former Everton striker prepares his Orlando City side for the MLS - and having Kaka in the dressing room

Adrian Heath's American dream...

Former Everton striker prepares his Orlando City side for the MLS - and having Kaka in the dressing room
Simon Hart: Manchester City will rise again but they need to change their attitude

Manchester City will rise again but they need to change their attitude

Manuel Pellegrini’s side are too good to fail and derby allows them to start again, says Simon Hart
Isis in Syria: A general reveals the lack of communication with the US - and his country's awkward relationship with their allies-by-default

A Syrian general speaks

A senior officer of Bashar al-Assad’s regime talks to Robert Fisk about his army’s brutal struggle with Isis, in a dirty war whose challenges include widespread atrocities
‘A bit of a shock...’ Cambridge economist with Glasgow roots becomes Zambia’s acting President

‘A bit of a shock...’ Economist with Glasgow roots becomes Zambia’s acting President

Guy Scott's predecessor, Michael Sata, died in a London hospital this week after a lengthy illness
Fall of the Berlin Wall: History catches up with Erich Honecker - the East German leader who praised the Iron Curtain and claimed it prevented a Third World War

Fall of the Berlin Wall

History catches up with Erich Honecker - the East German leader who praised the Iron Curtain and claimed it prevented a Third World War
How to turn your mobile phone into easy money

Turn your mobile phone into easy money

There are 90 million unused mobiles in the UK, which would be worth £7bn if we cashed them in, says David Crookes