Are remote hearings fair in public child law proceedings?

As we approach the third anniversary of the first Covid lockdown, the use of remote hearings in family law has become the “new normal”. With many welcoming the increased efficiency of video hearings, it begs the question, “Are remote hearings truly fair in public child law proceedings?” In this article, Child Law expert and Chartered Legal Executive, Jo Mayes, explores the benefits and pitfalls of conducting proceedings remotely.

Lockdowns and social distancing laws during the pandemic meant it was not possible to have ‘in person’ hearings and initially, there were no hearings at all. Having remote attendance at Case Management Hearings, which just deal with administrative decisions, such as timetabling a matter, can save a considerable amount of the Court and Advocates’ time. Consequentially there is a large saving on the public purse.

However, when issues arise such as the removal of children from a parent’s care on an interim basis, it seems inappropriate to continue to have such matters considered by way of remote hearings.

In many cases, a parent can only be dialled into a hearing or will attend by way of a remote link on their mobile phone if they don’t have a tablet or a laptop/PC. It is very difficult to follow a hearing on a mobile, particularly if you have been dialled into the hearing. In addition, many parents find that technology breaks down during hearings. This often leaves parents unable to communicate with their advocate during the course of the hearing.

Hybrid hearings, where some, but not all the parties are in Court, are an improvement and it is encouraging that the Courts are moving towards parents attending hearings in person.

If you have been contacted by a social worker about your child and are unsure what to do next or would like further information on child law, please contact us and we can help you. Call 01603 214 220 or email [email protected].