Dear Mr. Ferguson,

Thank you for your email of 8 September 2009. You were sent a reply on 11 September 2009 and this is a follow up reply to you inquiries.

You asked whether parents in care proceedings are pressured into putting their children up for adoption. We can assure that the family care system has multiple safeguards in place to ensure cases are dealt with justly and all parties are on an equal footing. In every case concerning the upbringing of a child, the court is required to treat the welfare of the child concerned as its paramount consideration. To assist the court, a child's guardian (who is independent of the local authority) is appointed to advise what is in the child's best interests. Parents are also entitled to free legal representation.

Where the court makes an order placing a child in the care of a local authority, the authority will continue to work with the family with a view to the child returning home. However, a stage may be reached when it is apparent that the child cannot return home. It is at this stage that the local authority must make alternative plans to provide the child with a permanent family home. Adoption is one way of providing this and is appropriate for some children, depending on the facts of each individual case. The final decision on adoptions rests with the courts and before a court makes such an important decision it must be convinced, on the basis of the evidence, that this is the best way to meet a child's needs on a long-term basis.

We understand individuals may sometimes disagree with the decisions of the court. In the event an individual is unhappy with the decision of the court or the outcome of the case, they have the option to appeal to a higher court and should seek legal advice if they wish to appeal.

You expressed concerns about family courts operating behind `closed doors.' The Government has recently introduced fundamental changes to the family justice system to increase the openness and transparency of the family courts whilst protecting the privacy of the children and families involved in proceedings.

On 27 April 2009, new rules of court were implemented which provide for accredited members of the media to have the right to attend most family court cases across all tiers of court, except, for the time being, in placement and adoption proceedings. The aim of media attendance is that family justice is not only done, but seen being done. This open and visible justice will ensure accountability through professional and public scrutiny of the decisions of the court while simultaneously dispelling myths and increasing public confidence in the way the family courts work. This is balanced with the right of parties to apply, or the court of its own motion, to exclude the media where it is in the interests of the child or for the protection of a vulnerable witness.

The revised court rules also make provisions for the disclosure of information connected with the proceedings in cases involving children. Since April 2009, parties and their legal representatives can disclose information relating to their case to any person, and at any point in the proceedings, for the purposes of advice and support, the purposes of mediation, or to pursue a complaint against a person connected to the proceedings (Unless a judge has ruled that such disclosure is not permitted). These rules make it easier for parties to get the help and support they need at a difficult time.

These changes are part on an ongoing package of reforms increasing the availability and quality of the information about the family courts to the public. Future measures were recently outlined in the Government's draft legislation programme for the next Parliament. They include provisions for legislation on a clearer and more consistent reporting restriction framework, which, if enacted, will enable the reporting of the substance of family proceedings in the media. These provisions will provide protection of identity during and beyond the conclusion of proceedings and also provide courts with the discretion to lift anonymity once proceedings have concluded.

A pilot will begin in the near future that places anonymised family court judgments online so that the public can have free access to them at anytime. This will allow the public to examine the judge's logic and better understand the decisions rendered in family law cases. The ultimate aim of all these measures is greater transparency and accountability in the family courts.

Yours,

Matthew Gill

Care Proceedings Programme

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