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Correcting, clarifying or commenting on media reports of family court cases
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Explaining or commenting on published judgments of family court cases
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Highlighting other transparency news
MEDIA (MIS)REPORTS OF FAMILY COURT CASES
The Sun (followed by the Mail) – In Celebrities are given a smidgen of privacy at a difficult time in their lives shocker, we unpicked the Sun’s claims of Jamie and Louise Redknapp’s divorce papers to be kept secret as a judge blocks the release of documents’ and the Mail’s follow up report. See also some twitter responses below:
Celebrities are given a smidgen of privacy at a difficult time in their lives shocker : https://t.co/xq4yyEYmMb pic.twitter.com/vVeJjBxIow
— transparency project (@seethrujustice) January 6, 2018
Today @TheSun claim they have been denied access the Redknapp divorce petition which “would normally be made public”. No it wouldn’t. Just because people are forced into a fault-based system doesn’t mean the press can exploit that and humiliate them https://t.co/HMC2YQ3qLq
— Byron James (@byron_barrister) January 5, 2018
When will this stop. Tempted to dedicate a lecture on my course to ‘family law dreamt up by tabloids’. Interesting that an unusually high level of nonsense is spouted in relation to divorce – here’s to no-fault (and papers moving to other areas of law to misrepresent for profit) https://t.co/fVsWbpKxTG
— Andy Hayward (@DrAndyHayward) January 5, 2018
And we know from day to day experience backed up by survey from @ResFamilyLaw & Finding Fault research from @LizTrinder1 that very often behaviour grounds cited aren't actually the reason for the marriage breakdown #endtheblamegame #nofaultdivorce https://t.co/QvKHAJncKg
— Nigel Shepherd (@topfamilylawyer) January 6, 2018
https://twitter.com/byron_barrister/status/949680686839017472
“Divorce Day”? Don’t believe the hype…– A guest post from Jo Edwards on the media myth of “Divorce Day” and the response of the legal sector:
“Divorce Day”? Don’t believe the hype… by @MissJoEdwards : https://t.co/JyLHuNRlar pic.twitter.com/5VahRvfRyR
— transparency project (@seethrujustice) January 6, 2018
The Times and the Mirror – Reported the Court of Appeal decision in CN & Anor v Poole Borough in the context of a negligence claim. Blog to follow on this easily misunderstood area of law. In the meantime see commentary at 1 Chancery Lane Chambers. The Times and Mirror reports are here: Abuse victims told they can’t sue councils and Fury as judges deny thousands of child abuse victims compensation:
Here's the Court of Appeal judgment published on 21st December too. (For anyone curious about this @Times new years day report of it: https://t.co/vfFlSHTjv3https://t.co/5IpE9vQmNr
— transparency project (@seethrujustice) January 1, 2018
Plenty to comment on here. Blog to follow (we hope) https://t.co/zUf0vEaOpf
— transparency project (@seethrujustice) January 1, 2018
The Telegraph -Twitter responded to Stamp duty rules ‘penalising those who divorce amicably’, in the Telegraph Money section:
https://twitter.com/modern_divorce/status/948953067717787649
BBC News – Reported the launch of an Inquiry in response to issues raised by ITV’s Exposure Who Cares? Children’s Homes Undercover, whilst seemingly misunderstanding those issues:
Catch-up link for @ITV Exposure Who Cares? Children's Homes Undercover: https://t.co/FsgV6CRDjz And @louisetickle detailed report: https://t.co/dmk1sZpPLf
For anyone baffled by what sound like pretty low level concerns as reported here by @BBCNews: https://t.co/wSNySikHWG— transparency project (@seethrujustice) December 18, 2017
Linkless
The Daily Mail – Reported Russell J’s decision in F v H & Anor with limited explanation and no link to the published judgment with the full ‘story’. Woman who falsely accused ex of sex abuse barred from seeing daughter was the MailOnline twitter headline.
Russell J said this: This is an unusually fraught and difficult case with a distressing and unhappy history. It is necessary to set that history out in some detail so that the both the order of the court and this appeal can be seen in context.
We posted a comment on the article guiding readers to the judgment which the MailOnline didn’t moderate through to publication.
See also this twitter thread, on the wider issue of mainstream media failures to link to primary sources they report on, across many contexts, including family court published judgments:
The link to Russell J's published judgment explaining this decision in detail is here: https://t.co/KLfftZVVin
Woman who falsely accused ex of sex abuse barred from seeing daughter https://t.co/A2hx2AqvBW via @MailOnline— transparency project (@seethrujustice) January 1, 2018
As is often the case, the headline does not give the full picture. The full judgment makes interesting reading and provides a stark reminder to professionals newly involved in long running cases to understand the full background before making interim recommendations. https://t.co/nznkK1rzAT
— Charmian Jackson (@Charmian2016) January 2, 2018
Linker of the Week(s)
The Guardian – Linking readers transparently to the source of their report, England’s councils may be doing well or terribly, we don’t know, which was the report of the Communities and Local Government Commons Select Committee, Effectiveness of local authority overview and scrutiny committees:
Good to be able to link easily from this @guardian report to the commons select committee detailed explanation & full report here: https://t.co/mqrxmhNZK1
England's councils may be doing well or terribly. We don't know | David Walker https://t.co/xJlYe8pqlD— transparency project (@seethrujustice) December 18, 2017
Who is watchdog on council affairs?: "So no Audit Commission to scrutinise; no thrusting, dedicated cadre of residents; and now, it turns out, no internal oversight" There are resident watchdogs in some areas, but local press coverage has declined (not mentioned in this article) https://t.co/czq2m8x4Hj
— Mark Hanna (@MarkHannaMedia) December 18, 2017
Transparency Positives
BuzzFeed News: Researched numbers and impact of self represented litigants in family law cases according to magistrates hearing family cases. See Emily Dugan’s report, Magistrates Say Children Suffer In Family Court Hearings When Their Parents Have No Lawyers:
Magistrates Say Children Suffer In Family Court Hearings When Their Parents Have No Lawyers https://t.co/3TtjjL5OLL via @emilydugan
— Emily Dugan (@emilydugan) December 16, 2017
BBC Radio 4: How to Make Sure Your Last Wishes are Respected – Jenny Kitzinger raised awareness of the importance of Advance Decisions and how to do it, in the Eddie Mair interview. Still available as a podcast on BBC Iplayer. Practical help including forms can be found at through the @GoodDeath (Compassion In Dying website) here:
Podcast of me on Radio4 discussing Advance Decisions here; https://t.co/bSnyxelRVF
A difficult interview to do, but so glad I did it, as lots of people saying they'll write down their views and/or do an Advance Decision.
For forms + information line see @AGoodDeath— Jenny Kitzinger (@JennyKitzinger) January 3, 2018
Interesting, moving and informative interview on this important subject. Thank you @JennyKitzinger https://t.co/oyQH6to3mY
— Katherine Sleeman (@kesleeman) January 5, 2018
If I could talk to me – A powerful, accessible, animated film on how it feels to be a young pregnant mother in care at risk of losing a baby, and the importance of advocacy. Made by Just for Kids Law, based on the experiences of 2 young people in care. See also this Guardian review by Louise Tickle (also of the Transparency Project):
A new animation by @Justforkidslaw sets out the reality for young people who become pregnant while in #FosterCare https://t.co/xktyswsm27
— Guardian Social Care (@GdnSocialCare) December 12, 2017
NEWLY PUBLISHED CASES FOR EXPLANATION OR COMMENT
M (Children), Re [2017] EWCA Civ 2164 (20 December 2017) – We linked the published judgment from this challenging Court of Appeal decision to the Guardian report (one of few mainstream news reports of it). Blog to follow:
Here's the judgment from the Court of Appeal decision too (published this morning) https://t.co/hPE8UIfBKY
Judges to revisit case of transgender Jewish woman refused right to see her children https://t.co/LWaCfszStS— transparency project (@seethrujustice) December 20, 2017
The open justice principle: a child’s crimes and a parent’s misdemeanour – David Burrows questioned the consistency of ‘open justice’ decision making across legal jurisdictions, with reference to some recent case law here:
The open justice principle: a child’s crimes and a parent’s misdemeanour @dbfamilylaw
on our diverse (and inconsistent?) approaches to privacy : https://t.co/lFrpadOxPX pic.twitter.com/xJdO5mA32A— transparency project (@seethrujustice) December 31, 2017
Privacy and the Princess — Polly Morgan explained the decision to grant a reporting restriction order in HRS Louis Xavier v HRH Tessy Princess… [2017] EWHC 3095 (Fam) (05 December 2017) in this blog:
'Privacy and the Princess': https://t.co/vuyDMkgjVA @pollyemorgan explains Macdonald J's reporting restriction decision from HRS Louis Xavier etc. WITH LINK NOW FIXED – thanks Polly pic.twitter.com/YnStjzWVc8
— transparency project (@seethrujustice) December 12, 2017
IN OTHER TRANSPARENCY NEWS
A fork in the road: Cafcass and their pathways – A short blog discussing the pathways and proper role of Cafcass, ahead of the next Transparency column in Family Law:
A fork in the road – @MyCafcass and their pathways : https://t.co/M5oJGUMPzV pic.twitter.com/0XvU9iK7yI
— transparency project (@seethrujustice) January 6, 2018
New Lord Chief Justice wants to improve public understanding of how judges work – Paul Magrath reported the Lord Chief Justice’s first annual press conference here:
From our @Maggotlaw on the blog… https://t.co/Smj12DEPkb
— transparency project (@seethrujustice) January 1, 2018
Making our regular transparency columns at Family Law more accessible – Family Law Journal publishes a regular blog series by The Transparency Project. The posts are later reproduced on our website with kind permission. We’ve put them in one place on our website here if you missed them in Family Law which is subscription only:
A Legal Guide for Adopters – This new guide by Sarah Coldrick, AFA Cymru and Julie Doughty of Cardiff University (also Transparency Project) is useful, not least because it includes Welsh law and procedure, which is increasingly divergent from the English version. More information is here.
Care Numbers Crisis – The deadline for submissions to the initial stages of the review that Family Rights Group are facilitating, on behalf of the sector, is 15th January 2018:
Take part in the initial phase of the #carecrisisreview -send to carecrisis@frg.org.uk by 15/1/18
1. Evidence about drivers for the rise in care proceedings & children in care
2. Research findings abt policies & practices that may safely lead to reductions https://t.co/KYLcD5lmFp— Family Rights Group (@FamilyRightsGp) December 10, 2017
The role of the social worker in adoption, ethics and human rights enquiry – A reminder that the research findings are to be launched at an event including a panel debate on Thursday 18th January 2018. Booking is essential:
We are very pleased to see this very important @BASW_UK enquiry reaching its conclusions. Looking forward to being on the panel and discussing what can be done to better support all those involved in the adoption process. #HumanRights #Adoption pic.twitter.com/8m9aLkAsJc
— The Open Nest (@TheOpenNest) January 5, 2018
Feature pic: Courtesy of Flickr Lauri Heikkinenon via Creative Commons licence – with thanks