Campaign to end family court secrecy

- 02 January 2006;Legal Action

Families Action for Court Transparency and Openness (FACTO), a new pressure group intends to work to end secrecy in the family courts, has been set up by suspended lawyer Sarah Harman, who was sanctioned after showing MPs and the media family court papers in a case where she felt her client had been unjustly treated.

FACTO aims to persuade the Department for Constitutional Affairs, which is due to hold a consultation on the issue in February/March 2006, to make the necessary changes in the law to bring the family courts in England and Wales in line with the way that such courts in Canada, New Zealand and, indeed, Scotland operate. In these jurisdictions, family cases are heard in public, but the anonymity of children and families is protected.

FACTO’s objective is to ensure the welfare of children remains a priority but not at the cost of closed and inaccessible courts. The group believes that there are concerns that the prohibitions on both families talking about their case in public and the media reporting on matters of public interest are outdated and have diminished public confidence in the family courts. While several members of the judiciary and the Constitutional Affairs Select Committee on Family Justice are supportive of change, FACTO feels that the issue needs to be pressed further at the future consultation exercise.