Posts
Plan for publication of judgments by The National Archives: what will become of BAILII?
This week the Ministry of Justice announced its plans for the archiving and publication of judgments in a comprehensive new national database to be managed by The National Archives (TNA). Till now, the main official collection of court judgments has been the British...
Headlines from the latest Cafcass Open Board Meeting: the emergency protocol, domestic abuse, and young people’s views on transparency
At the latest Cafcass Open Board Meeting we asked about news that Cafcass are starting to trigger their prioritisation protocol and open allocation hubs for private law cases in some areas, and for an update on handling of domestic abuse cases. The Family Justice...
Domestic abuse: incorrect principles applied – successful appeal
This blog post is about the case of Re A (Domestic Abuse: Incorrect Principles applied) [2021] EWFC B30. First, the context: June 2020: The Ministry of Justice published the ‘Harm Report’, a 200-page document detailing criticisms of the way family courts minimised...
Evaluation of family court anonymisation guidance published
Last month Dr Julia Brophy, Marisol Smith with Jagbir Jhutti-Johal published an evaluation of the implementation of the President of the Family Division's 2018 guidance on anonymisation of judgments. That guidance was based upon earlier work by Dr Brophy which itself...
Day to day data on remote hearings in the family courts
HM Courts and Tribunals Service have recently published statistics about the number of hearings conducted remotely, ie by audio, video or on paper, compared with physical in-person hearings, over the course of the coronavirus lockdown. The statistics cover civil and...
Family courts, attachment theory, and discharging care orders
Three years ago, eyebrows were raised when Mr Justice Mostyn stated in the case of GM v Carmarthenshire County Council & Anor [2018] EWFC 36 that use of attachment theory by a social worker was not ‘expert’ evidence and that he didn't need a social worker to give...
Misdiagnosis case update
This judgment, Cardiff City Council v A Mother & Ors [2021] EWFC 44, relates to the case that Emily Dugan wrote about in the Sunday Times and that we wrote about here. This judgment appears to be the only one given by HHJ Jonathan Furness that has ever been...
Munby 2.0 – Revised version of Sir James’ Submissions to the Transparency Review
This is the REVISED text of a submission to the President of the Family Division’s Transparency Review made by Sir James Munby (former President of the Family Division), in advance of the oral evidence session scheduled for 17 May 2021. It is published here with kind...
‘Fully reporting the evidence heard in care cases requires an expensive and time-consuming application process’
This is the view of the Sunday Times in its editorial today, 'The Sunday Times view on public transparency: A secrecy fixation shrouds decisions that affect us all', which features a report by Emily Dugan, 'Our baby was taken from us for months - for a skull fracture...
Undoing an adoption order
UPDATE 17 JANUARY 2025: A new judgment on this issue has just been published by the Court of Appeal. This blog post will be updated shortly. The new case is Re X and Y [2025] EWCA Civ 2. It’s well known that adoption orders made in England and Wales cannot be...