Children proceedings in England and Wales take place behind closed doors for a very good reason: to protect the welfare, privacy, and best interests of the child. Recent discussions, often spurred by high-profile disputes or celebrity cases abroad, have highlighted this aspect of family law. Yet, it is crucial to remember that the same level of publicity does not apply here, where strict rules restrict what information can be shared. Below is an overview of those rules and their importance.
Why Are Children Proceedings Confidential?
In England and Wales, children proceedings are kept private to prevent children from experiencing unnecessary publicity or distress. Safeguarding personal information, such as reports from experts or financial details, is essential for ensuring a fair legal process. By maintaining confidentiality, courts aim to uphold the paramount principle of child welfare at every stage of the proceedings.
What Information Can Be Shared?
Although the general rule is that no one should disclose details about the proceedings, there are lawful exceptions:
- Legal Advisors
You may share documents and information with your legal representatives, as they must fully understand the case in order to provide sound advice and representation. - Experts
Psychologists, medical practitioners, or other court-approved experts often need access to relevant documents to deliver accurate assessments and recommendations. - Close Family Support
In some instances, you may share limited information with a close family member for emotional or practical support, provided it does not breach confidentiality. - Court Permissions
Courts can specify in an order that certain information may be shared—for instance, with a GP, therapist, or school—if it is needed to implement or enforce the court’s decisions. - Transparency Orders
With increasing emphasis on openness in the Family Court, transparency orders may be granted to allow accredited journalists to attend and report on proceedings. Nonetheless, such reporting remains subject to strict conditions.
Consequences of Breaching Confidentiality
If you share protected information outside these permitted circumstances, you risk being found in contempt of court. The penalties can be severe, ranging from substantial fines to imprisonment for up to two years. Courts in England and Wales treat breaches of confidentiality very seriously, as these rules exist to protect children and ensure that justice is served.
Seeking Legal Guidance
If you have concerns about what details can be disclosed or wish to share information to gain support, consult a solicitor experienced in family law. Proper legal advice can clarify where the boundaries lie and help you avoid inadvertent breaches of confidentiality. Navigating children proceedings can be stressful, but knowing your obligations and adhering to the court’s guidance will help you achieve the best possible outcome for you and your family.