Camden New Journal - Forum: Opinion in the CNJ

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Camden New Journal - FORUM: Opinion in the CNJ
Published: 27 September 2007

Nicholas Crichton believes the public need more help in understanding
family courts

Salma, and why we must find right balance in family courts

After the tragic death of Salma ElSharkawy, public access to social services cases involving children remains a tightrope issue, says district judge Nicholas Crichton

I HAVE read of the tragic death of Salma El Sharkawy, and I have read the responses of some New Journal readers.
A court in this country cannot make a more serious decision than the decision to remove a child from his or her family. The courts take these decisions extremely seriously and, where necessary, the recommendation of social services is open to vigorous challenge.
It is important to stress that neither local authorities nor courts wish to remove children from their birth families.
They do so only as a last resort and only when the court is satisfied that the child has suffered, or is at risk of suffering, significant physical or emotional harm through abuse or neglect.
The question of risk is not lightly considered or decided. It is a necessary provision to prevent harm before it occurs in clear cases of abuse or neglect. The court must always act in the best interests of the child and will make the decision to remove only where there is no alternative.
It is not a rubber stamp. Before making its decision the court will have received assessments and may have heard oral evidence from a number of professionals, including social workers and possibly paediatricians, psychiatrists and psychologists; and, of course, from the Children’s Guardian, an experienced social work professional appointed to carry out an independent assessment of the child’s circumstances. These responsibilities are taken extremely seriously by all concerned and the welfare of the child is the paramount consideration for the court.
At my court in central London we are about to start a pilot project particularly aimed at trying to help the children of drug and alcohol misusing parents remaining within their birth families. The London boroughs of Camden and Islington and the City of Westminster are very committed partners in the project.
The charge of ‘secrecy’ is often levelled at the family courts and has been raised again by some New Journal correspondents. We are not secret. We are protective of vulnerable children and families.
Personally, I am in favour of finding a means of enabling greater public understanding of the work of the family courts. It is important that the public at large have a greater awareness and understanding of the difficult decisions which courts have to make, and the basis upon which those decisions are made.
However, family courts deal with very sensitive and often painful and/
or embarrassing human issues.
Parents and children do not want their neighbours or peers at school being privy to the things that have to be said in court. To be blunt, we cannot rely upon the press being 100 per cent discreet 100 per cent of the time – they want the human story and they have newspapers to sell.
Inviting the media to observe all family proceedings runs the risk of exposing vulnerable children and their families to the public glare.
I fear that many parents and children and young people are likely to be inhibited in what they say if they know the media are watching, and may not be frank with the court if they feel that the information they give may become public.
A number of children and young people have expressed great anxiety at the suggestion that family courts should be more open.
These are issues which are currently under urgent consideration by the Ministry of Justice.
Finding the balance between increasing public confidence in the work of the family courts and the need to protect children and families is not going to be easy.

• Nicholas Crichton is a district judge based at the Inner London Family Proceedings Court and is also a member of the Family Justice Council.

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