Interests of children cannot be eclipsed by wider considerations
Senior family judge Sir James Munby has issued guidance on radicalisation cases, following a number of cases where children at risk have been placed in foster care or made wards of court.
The children have been made the subject of orders after local authorities raised concerns that they were at risk of being groomed by ISIS supporters, involved in terrorist activities or taken to Syria. Other cases have involved children attempting to travel to Syria without their families.
In his guidance, Sir James, President of the Family Division, said all such cases should be heard by a High Court judge. He also encouraged the police to bring cases direct to the court if they felt it necessary.
He said judges should be alert to the fact that some of the information gathered by the police and other agencies is highly sensitive and that its disclosure may damage the public interest or even put lives at risk. Consequently, they should avoid making “inappropriately wide or inadequately defined requests for disclosure of information or documents by the police or other agencies”.
Judges may also consider whether there is a need to exclude the media. However, he said the media “should be excluded only as a last resort and if there is reason to believe that the situation cannot be adequately protected by a reporting restriction order or ‘anti-tipping-off’ order”.
As with all family cases, the interests of the child are paramount. He pointed out that “this cannot be eclipsed by wider considerations of counter terrorism policy or operations”.
He added, however, that “it is important that the family justice system works together in co-operation with the criminal justice system to achieve the proper administration of justice in both jurisdictions, for the interests of the child are not the sole consideration. So the family courts should extend all proper assistance to those involved in the criminal justice system, for example, by disclosing materials from the family court proceedings into the criminal process”.
