Remote family court hearings amid Covid-19 challenge fairness, say campaigners

Most (88 per cent) parents and relatives involved in the survey, carried out by Nuffield Family Justice Observatory, said they had concerns about the way their remote cases, involving telephone or video hearings, were being dealt with.

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Four out of ten said they had not understood what was happening during proceedings.

Technical problems, related to connectivity and difficulties seeing or hearing other people involved, were also raised. This made it hard to understand who was talking at times.

Those involved in remote proceedings lacked technical equipment and the skills to navigate remote working software involved, the survey found.

Other concerns, raised by both children’s professionals and families, was the “difficulty of creating an emphathetic and supportive environment when hearings are held remote”, the survey showed.

While many improvements have been made in the six months since remote and hybrid hearings were introduced, both professionals and parents are reporting concerns about fairness and the ability to practice humanely.

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— Nuffield Family Justice Observatory (@NuffieldFJO) October 27, 2020

A chief concern was around hearings that involved orders to remove babies from their parents shortly after birth. Mothers involved were having to join by phone from hospital. Phone access was often the only way parents could take part in placement or adoption order final hearings, the survey found.

A separate report published in June, also by the Nuffield Family Justice Observatory, called for a greater focus on women’s mental health needs in pre-birth assessment and support.

Remote contact during hearings was also impacting on families’ mental health, especially involving cases where domestic abuse is alleged.

“Respondents spoke of feeling retraumatised and unsafe when they had to listen to or see their alleged abuser from their own home,” the research added.

A lack of court staff trained in the use of remote working technology is also raised as a concern, in the survey that involved more than 1,300 family members, parents and family justice professionals.

Greater technical support for parents who require an interpreter or have a disability is also needed, research suggested.

“We cannot put the lives of thousands of children and families on hold while we hope for face-to-face practice to resume, and it’s clear that judges, barristers and other professionals have put in enormous personal effort to keep the system moving during very challenging times," said Nuffield Family Justice Observatory director Lisa Harker.

“But equally life-changing decisions must be reached fairly for all involved. The family court is often dealing with incredibly vulnerable people, from victims of domestic abuse to mums being separated from their babies, and they must be supported to fully participate.

“Our consultation showed great concern among professionals for the experience of traumatised parents facing the system. It also highlighted that many of the issues could be solved with relatively simple measures.”