Because we need to protect children from harm. But equally we need to protect families from arbitrary interference by the state. Leaving a child to suffer harm in an abusive family is a tragedy. So too is taking a child away for no good reason.
There is often tension between these two necessary aims. Sometimes we get the balance wrong. An important check upon the way decisions are made about such important issues is knowing that we will be held open to scrutiny and that we must be accountable. We also need the public to have trust in the system and they can only have that if they understand what is going on.
I think that in recent years the ‘privacy’ of the family courts has not helped people to understand what goes on and why decisions are made. The distinction between ‘privacy’ and ‘secrecy’ for many is a distinction without a difference. And if we have confidence in what we are doing – as I do – we should not be afraid to shine as much light on it as possible.
The difficult issues are going to be what we do about keeping matters private for children, most of whom when old enough to voice an opinion are not at all happy about their family histories becoming public knowledge.
I hope this project can be part of helping to publicise and explain reported family cases and thus drive forward debate, discussion and decision making about opening up the family courts. This area of life and law is simply too important to be hijacked by those with an agenda or those with very imperfect understanding of what is going on.
From what I have read on line parents main gripe appears to be lying by agencies in particular social workers especially in court. Many say they have proof.
Would it be possible for an academic study to be carried out into this?
Its all very well for selected court documents to be available to the public but if they are based on lies we are no further forward.
I think the other major problem is when a parent goes into child protection/care proceedings it is shame based, the parent is not a person who may have done something wrong or is struggling with circumstances they are essentially rotten through and through at least that is how it feels.
Yes, I agree this is a frequent complaint. And that’s difficult for me because that is so clearly NOT my experience in courts over 15 years. Yes, I have examples of sloppy recording and careless assumptions that hardened into ‘facts’ but I don’t think I have ever had a case where a professional was shown to be deliberately lying. I know parents say we just don’t notice it, but it would be quite difficult to maintain a serious lie over days of cross examination and pouring over source documents.
It does happen – because social workers have been struck off for lying. But I think it is pretty rare.
the only research I can think of that would be possible would be to examine the number of appeals made or successful on the basis that untruths were told. Or looking more seriously at the number of cases where SW/professionals were struck off for lying. I think you will find examples in every field but I do not accept that deliberate and malicious telling of lies is as routine as some people allege.
But I do agree with your last comment; there is sometimes in cases an uncomfortably element of moral judging which definitely gets in the way of making and sustaining good working relationships between parents and professionals. Sometimes people are trying their best and they need help understanding why their best isn’t good enough, not to be shamed.
I agree with Sarah’s comments but would just add that there has been some research on the nature and quality of legal representation of parents in care proceedings which might be helpful. The ‘quick’ answer to complaints that local authority evidence is false is that the parent has a lawyer to challenge the evidence. So having a look at the parents representation study might be helpful in showing how this job is undertaken. It is a Bristol University study by Pearce & Masson at
http://www.bristol.ac.uk/media-library/sites/law/migrated/documents/justfollowinginstructions.pdf
Thanks Julie for reminding me of that! I have revised this entry on the CPR site to make fuller reference to that research and its key findings.
http://www.childprotectionresource.org.uk/a-day-in-the-life-of-a-family-solicitor/