EXCLUSIVE
Why So Secret?
What Happens Behind Closed Doors
at UK Family Courts
What Happens Behind Closed Doors
at UK Family Courts
By Evgenia Filimianova
Photo: Sputnik, Evgenia Filimianova
Shrouded in secrecy, concealed from public and media scrutiny, gagging parents, stealing children - these would be the charges against UK family courts if they themselves were ever to be put on trial. Reporting restrictions are meant to protect the children but, according to activists, it's the professionals and the judges who mostly benefit from family courts' confidentiality.
Keep It Quiet
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"When my son was taken into care the second time, the court case took a year. The guardian – who is supposed to be on the child's side – told my son before the judge had made the ruling that he was going to stay in foster care. They shouldn't know that until the judge's ruling."
Under UK law, family courts can restrict attendance "if a child's welfare requires it, or if it is necessary to do so for the safety and protection of parties or witnesses – who can request this of the court if they feel it is necessary."
Additionally, reporting restrictions can be and are usually placed on family court cases "to protect the welfare of children and families."
On April 27, 2009, all levels of the family courts were opened to accredited members of the media. However, the hearings are normally private, with media authorized to attend only in certain instances.
Additionally, reporting restrictions can be and are usually placed on family court cases "to protect the welfare of children and families."
On April 27, 2009, all levels of the family courts were opened to accredited members of the media. However, the hearings are normally private, with media authorized to attend only in certain instances.
Photo: CC0
Cases of mothers abused and let down by the family court system in Britain were brought up at a mock trial organized outside the Houses of Parliament in London by the Global Women's Strike and their supporters on March 8, 2018.
One of the demo's organizers, Nina Lopez, stressed that the lack of transparency in family courts leads to an abuse of power.
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"If you have judges making outrageous accusations in a criminal case, the public and the media are there. In the family court, nobody knows what's happening, except the people contesting the case and the lawyers. It is all anonymous, and even if it's reported, you don't know exactly when it took place. They supposedly do this to protect the children, but we are saying that in fact they do it to exert absolute control. As a result, there has been no public scrutiny. In family courts they get away with things they wouldn't get away with in the criminal court."
Photo: Sputnik, Evgenia Filimianova
Anne Neale, the spokesperson for Legal Action for Women that was launched in 1982, who has worked with women for over 40 years, agrees that the anonymity of children must be protected.
She however believes it doesn't have to be at odds with the right of parents to talk about the case.
"There are ways where children's anonymity can be protected. Family courts could be much more open and what happens there should be reported on much more widely. When rape victims go to court, they are guaranteed anonymity but the court hearing can be reported on and the court itself is open. There is no reason why the family court couldn't operate in a similar way," Ms. Neale told Sputnik.
She however believes it doesn't have to be at odds with the right of parents to talk about the case.
"There are ways where children's anonymity can be protected. Family courts could be much more open and what happens there should be reported on much more widely. When rape victims go to court, they are guaranteed anonymity but the court hearing can be reported on and the court itself is open. There is no reason why the family court couldn't operate in a similar way," Ms. Neale told Sputnik.
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"The public has no idea what's going on [in family courts]. They'd be very shocked if they did," she added.
Judge's View
The need for greater transparency of British courts, including family courts and the UK Court of Protection, has been recognized by the judges themselves.
Sir James Munby, the President of the Family Division of the High Court, in 2014 called for "greater transparency in order to improve public understanding of the court process and confidence in the court system."
"At present too few judgments are made available to the public, which has a legitimate interest in being able to read what is being done by the judges in its name. The Guidance will have the effect of increasing the number of judgments available for publication (even if they will often need to be published in an appropriately anonymized form)," Sir James wrote in the practice guidance issued on January 16, 2014.
Sir James Munby, the President of the Family Division of the High Court, in 2014 called for "greater transparency in order to improve public understanding of the court process and confidence in the court system."
"At present too few judgments are made available to the public, which has a legitimate interest in being able to read what is being done by the judges in its name. The Guidance will have the effect of increasing the number of judgments available for publication (even if they will often need to be published in an appropriately anonymized form)," Sir James wrote in the practice guidance issued on January 16, 2014.
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In the light of criticism unleashed on family courts, highlighting the lack of public accountability, Sir James expressed concern over challenges faced by UK judges.
They are "grotesquely overworked" and "tired," he said in recent comment.
Sir James argued that journalists should indeed be exposing the flaws of the system and the errors of the rulings but noted they can't do that without access to the evidence.
"I have a terrible feeling that if you actually stopped some of the parents in these care cases as they were going out of court at the end and you asked them what was going on, what's been happening, what's the answer, they'd be unable to explain. And that is an indictment of our system, not of them," Sir James added.
The President of the Family Division is also the overall Head of Family Justice - in charge of the system of family courts.
They are "grotesquely overworked" and "tired," he said in recent comment.
Sir James argued that journalists should indeed be exposing the flaws of the system and the errors of the rulings but noted they can't do that without access to the evidence.
"I have a terrible feeling that if you actually stopped some of the parents in these care cases as they were going out of court at the end and you asked them what was going on, what's been happening, what's the answer, they'd be unable to explain. And that is an indictment of our system, not of them," Sir James added.
The President of the Family Division is also the overall Head of Family Justice - in charge of the system of family courts.
Photo: CC0
'Gobsmacked'
A woman, whose daughter was taken from her when she was just four years old, spoke to Sputnik about the role domestic violence plays in family court cases. Lisa [not her real name] preferred to remain anonymous, out of fear of legal repercussions, as her case is still ongoing.
Sexually abused as a child, Lisa says she was manipulated by her husband, who eventually became the caretaker of the couple's daughter.
She told Sputnik that her husband was smuggled into the UK and was looking to settle in the country and for that he planned to get married and have a child with a British citizen, like Lisa.
Sexually abused as a child, Lisa says she was manipulated by her husband, who eventually became the caretaker of the couple's daughter.
She told Sputnik that her husband was smuggled into the UK and was looking to settle in the country and for that he planned to get married and have a child with a British citizen, like Lisa.
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"My husband, who is originally from Punjab, India, was smuggled into this country. He used and abused me. He wanted a baby. I had an ectopic pregnancy in 2010 and a miscarriage in 2011. As soon as I had my child, I told him I couldn't take the abuse anymore.
"The courts, the social workers and CAFCASS [Children and Family Court Advisory and Support Service] let me down badly. They gave away my daughter to a man who had no visa, no benefits, no job and no accommodation. He also tested positive for class A drugs.
"I appealed against the court decision, so the Home Office knew that the mother filed the appeal. But while I was appealing, they granted him a visa before the courts even decided where the child will live permanently — I was gobsmacked. My daughter was only four when they took her and she is nearly six now. Now my child is growing up without her mom and I'm fighting against it."
"The courts, the social workers and CAFCASS [Children and Family Court Advisory and Support Service] let me down badly. They gave away my daughter to a man who had no visa, no benefits, no job and no accommodation. He also tested positive for class A drugs.
"I appealed against the court decision, so the Home Office knew that the mother filed the appeal. But while I was appealing, they granted him a visa before the courts even decided where the child will live permanently — I was gobsmacked. My daughter was only four when they took her and she is nearly six now. Now my child is growing up without her mom and I'm fighting against it."
Victims of domestic violence are the first to pay and if you report domestic violence, chances are they will take your children away, explained Nina Lopez.
"Instead of giving you protection, the authorities may blame you for not protecting the children. Many victims of domestic violence don't report it because they are scared their children will be taken away from them as a result."
"Instead of giving you protection, the authorities may blame you for not protecting the children. Many victims of domestic violence don't report it because they are scared their children will be taken away from them as a result."
Photo: Sputnik, Evgenia Filimianova
Duty to Assess Risk
Children and Family Court Advisory and Support Service (CAFCASS), an independent agency that looks after the interests of children in family court cases in England, have a framework for assessing risk in cases where there are concerns about domestic abuse, called the Domestic Abuse Practice Pathway.
According to the agency's spokesperson, CAFCASS workers take reports of domestic abuse very seriously, irrespective of the gender of the accuse.
According to the agency's spokesperson, CAFCASS workers take reports of domestic abuse very seriously, irrespective of the gender of the accuse.
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"When domestic abuse is reported to CAFCASS, we have a duty to assess risk and any impact on the child. Such assessments are not only based on information from the police and local authority, but also on any concerns raised by the adult parties in the case."
CAFCASS is an executive non-departmental public body, sponsored by the Ministry of Justice. It is meant to be independent of the courts, social services, education and health authorities and all similar agencies.
"External independent assurance is provided by Ofsted, the Parliamentary and Health Service Ombudsman who may investigate complaints about CAFCASS, and Local Safeguarding Children Boards. Feedback is also received from our key stakeholders such as judges, courts, key interest groups and local Family Justice Boards, as well as from service users and children," CAFCASS spokesman told Sputnik.
However, Kate [not her real name] — a mother embroiled in a family court case – when speaking to Sputnik, cast doubt on the organization's impartiality.
"CAFCASS and social workers are meant to be independent but they aren't, they all work together. There are a lot people earning money on this business because it is a business, really, judges, foster carergivers, lawyers. But they don't care obviously because it is the taxpayer footing the bill."
"External independent assurance is provided by Ofsted, the Parliamentary and Health Service Ombudsman who may investigate complaints about CAFCASS, and Local Safeguarding Children Boards. Feedback is also received from our key stakeholders such as judges, courts, key interest groups and local Family Justice Boards, as well as from service users and children," CAFCASS spokesman told Sputnik.
However, Kate [not her real name] — a mother embroiled in a family court case – when speaking to Sputnik, cast doubt on the organization's impartiality.
"CAFCASS and social workers are meant to be independent but they aren't, they all work together. There are a lot people earning money on this business because it is a business, really, judges, foster carergivers, lawyers. But they don't care obviously because it is the taxpayer footing the bill."
'Do You Consider Yourself a Rebel?'
Kate's case has been going on 1.5 years. Her two children are in foster care, on a court's order.
"My kids were balanced, well-behaved, loved and fed. I have quite high standards as to how I raise my own kids. The evidence is in my case. They have expressed strong desire to come home. My son wrote a letter to the judge, saying he will be depressed if he wasn't sent home."
Kate said she was raped in the past and as a consequence had some mental health problems, which she suggests is being used against her.
"My kids were balanced, well-behaved, loved and fed. I have quite high standards as to how I raise my own kids. The evidence is in my case. They have expressed strong desire to come home. My son wrote a letter to the judge, saying he will be depressed if he wasn't sent home."
Kate said she was raped in the past and as a consequence had some mental health problems, which she suggests is being used against her.
Photo: CC0
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"The psychiatrist assigned to my case said I "engineered being raped" and I am not even sure what that means. He asked me during assessment: "Are you a free spirit? Do you consider yourself a rebel?" I said I would take part in an anti-racism protest, for example. He based his assessment on me not being a conformist."
Practitioners assess cases and make recommendations to the court based on what they believe to be in the child's best interests, CAFCASS spokesman told Sputnik. How practitioners assess cases depends on the individual circumstances of each case, however, the same evidence-informed tools and resources are available to all practitioners, he added.
CAFCASS have previously come under criticism for "inadequate risk assessment and poor reports to the courts," as determined by Office for Standards in Education, Children's Services and Skills (Ofsted).
CAFCASS have previously come under criticism for "inadequate risk assessment and poor reports to the courts," as determined by Office for Standards in Education, Children's Services and Skills (Ofsted).
Photo: CC0
Too Many Children in Care
Nina Lopez believes there has been a push for adoption in the UK, "where they are treating mothers as surrogates and want children adopted by middle-class families."
"Adoption is promoted as a way of not having too many children in care" she told Sputnik.
And as for the reasons for such a push, Ms. Lopez suggests the financial incentives are there, considering that many functions of the state in social care have been privatized.
"For example, about 40% of fostering is run by private agencies, as well as about 80% of children's homes. The more children you have – the more money you will get. Local authorities deny there are quota targets but in fact we do think that, for example, they get premiums when children are put into care."
More and more children in Britain are being put up for adoption – more than 20,000 were adopted between 2013 and 2017.
The number of children in care in the UK during the same time period amounted to 72,670.
"Adoption is promoted as a way of not having too many children in care" she told Sputnik.
And as for the reasons for such a push, Ms. Lopez suggests the financial incentives are there, considering that many functions of the state in social care have been privatized.
"For example, about 40% of fostering is run by private agencies, as well as about 80% of children's homes. The more children you have – the more money you will get. Local authorities deny there are quota targets but in fact we do think that, for example, they get premiums when children are put into care."
More and more children in Britain are being put up for adoption – more than 20,000 were adopted between 2013 and 2017.
The number of children in care in the UK during the same time period amounted to 72,670.
Photo: CC0
Raising the curtain of secrecy around family courts in Britain has the potential to bolster public confidence and hold social care professionals, as well as courts, more accountable.
However, reforms - when rushed - could be harmful to the most vulnerable members of society, those who the court system is meant to protect.
New policies, if adopted, should as much reflect the concerns of the mothers, fathers and children, as of the professionals in the field. After all, they're called family courts for a reason.
However, reforms - when rushed - could be harmful to the most vulnerable members of society, those who the court system is meant to protect.
New policies, if adopted, should as much reflect the concerns of the mothers, fathers and children, as of the professionals in the field. After all, they're called family courts for a reason.
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