Hershman Levy Memorial Lecture – Munby LJ on Transparency

Lord Justice Munby recently delivered the annual Hershman Levy Lecture on the topic of Transparency and the Children Schools and Families Act 2010, in which he referred to my recent article in Family Law, republished here. You can read the lecture here on the Association of Lawyers for Children website.

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PUBLICATION OF INFORMATION IN CHILDREN MATTERS – CHILDREN SCHOOLS AND FAMILIES ACT 2010

The Children Schools and Families Act 2010 made its way through ‘wash up’ and received Royal Assent on 8 April 2010.

Amongst other things (not dealt with here) it makes substantial and controversial changes to the law concerning the publication of material relating to family proceedings, which are summarised below. There will be repeals and amendments of a number of pieces of primary legislation, in particular s12 Administration of Justice Act 1960, s97 Children Act 1989 and s39 Children and Young Persons act 1933.

The relevant provisions are contained in Part II of the Act, and they apply to all relevant family proceedings at which the public are / were not entitled to be present. Broadly: divorce, civil partnership and financial matters are not ‘relevant family proceedings’. References to ‘the Act’ in this article refer to Part II and its associated schedules. At the time of writing the Act is not yet in force and no date for its implementation has been announced.

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Washed up and hung out to air in public

Children Schools & Fudge Act 2010?

Further to my previous post on the passing of the Children Schools & Families Act 2010, The Times has published an article about the new provisions which is spot on: it identifies – importantly – that the new law, when it is brought into force, will in fact be more restrictive than the existing privacy rules covering children proceedings. In particular, not only will anonymity rules apply to the children themselves, but they will also apply to anyone involved in the proceedings, apart from professional witnesses.

So much for open justice. The Times says ‘a Fudge’, I’m inclined to agree.

PS Does anybody know when this is likely to be brought into force?

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Just as you thought it was safe to go back in the courtroom…

The snappily titled and easy to read Children Schools and Families Act 2010 has landed on our virtual desks. Not yet in force owing to the impending election (‘What election?’ I hear you say) the Bill made it through ‘wash-up’ and received Royal Assent only moments before Parliament was dissolved, to gasps of relief all round. Or groans.

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Its a b*tch of a document (that’s local legal jargon) and I’m still digesting it piece by piece in between hearings and nappy changes – but I will be cooking up a summary of it for you. My preliminary observation is that it is convoluted, complicated and will probably benefit only the legal profession who will be instructed to deal with all the applications prompted as we all try to work out what it all means. And in a special election double whammy it contains a whole raft of future changes which will be brought in 18 months down the line – just at the moment that everyone has worked out what the law is. I can tell you that fat cats like me are rubbing our greasy little paws with glee. Or I would be if I didn’t have such a god awful headache from trying to unpick the unsightly mess that is the CSFA 2010.

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To experience the pain yourself first hand you may wish to visit the Office of Public Sector Information where you can view the Act alongside the explanatory notes, and also a helpful article in Family Law Week here (written when the Act was still a twinkle in the Queen’s eye (at Bill stage) but still helpful).

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