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ABSTRACT
In March 2020, stringent social distancing measures were introduced across England and Wales to reduce the spread of Covid-19. These measures have presented significant challenges for the family justice system. This article sets out the findings of interviews conducted with professionals in the North East of England who have represented or otherwise supported litigants in private and public children proceedings since social distancing measures were introduced. The findings reveal that whilst practitioners are broadly positive about their experiences of shorter non-contested hearings, they nonetheless have concerns about the effectiveness of remote/hybrid hearings in ensuring a fair and just process in lengthy and complex cases. In particular, the findings indicate that the move to remote hearings has exacerbated pre-existing barriers to justice for unrepresented and vulnerable litigants. The aims of this article are not to ‘name and shame’ any particular court but to highlight evidence of good practice in the North East of England and provide scope for improving practitioners’ and litigants’ experiences within current restrictions.
Acknowledgments
The authors wish to thank Professor Kim Holt and Professor Ray Arthur for their support and helpful comments during the writing of this article. The authors also thank their Research Assistants, Lauren Napier and Alexandra Taylor for their help in transcribing the interviews conducted during this research study.
Disclosure statement
No potential conflict of interest was reported by the author(s).
Legislation and procedural rules
Access to Justice Act, 1999
Children and Families Act 2014
Children Act 1989
Legal Aid, Sentencing and Punishment of Offenders Act 2012
PD3AA Family Procedure Rules 2010
PD12B Family Procedure Rules 2010
PD 12J Family Procedure Rules 2010
PD 36Q Family Procedure Rules 2010
PD 36R Family Procedure Rules 2010
PD 51V Civil Procedure Rules 2010
The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (SI 2020/445)
The Adoption and Children (Coronavirus) (Amendment) (No2) Regulations 2020 (SI 2020/909)
The Adoption and Children (Coronavirus) (Amendment) Regulations 2021 (SI 2021/261)
Case Law
A Local Authority v The Mother and Others (Covid 19: Fair Hearing: Adjournment) [2020] EWHC 1233 (Fam)
A Local Authority v M {2020] EWFC 43
Coventry City Council v C [2013] EWHC 2190
Re A (Children) [2020] EWCA Civ 583
Re B (Children) (Remote Hearing: Interim Care Order) [2020] EWCA Civ 584
Re D-S (Contact with Children in care: COVID 19) [2020] EWCA Civ 1031
Re P (A Child: Remote Hearing) [2020] EWFC 32
RE Q [2020] EWHC 1109 (Fam)