David Lock examines the effect on confidentiality in care proceedings following the judgment in Ward
The number of child protection proceedings has risen sharply in the light of the Baby Peter case. At the same time there have been increased calls for greater transparency in family proceedings and demands from parents and others to be allowed to speak about events behind the closed doors of the family courts. However both the rules and the general understanding of the rules by the medical and legal professions has to date made it very difficult for those caught up in family proceedings to explain what has gone on behind closed doors.
However there is a wind of change in the air. In Ward [2010] EWCH 16 (Fam), which was one of his last judgments before assuming his role as chairman of the Law Commission, Lord Justice Munby has rewritten the rules around the confidentiality of family proceedings and used the European Convention on Human Rights to open the way for much greater disclosure of the inner workings of the family courts.
Care proceedings
The facts in Ward
