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1521745
registered interest false more like this
date less than 2022-10-13more like thismore than 2022-10-13
answering body
Ministry of Justice more like this
answering dept id 54 remove filter
answering dept short name Justice more like this
answering dept sort name Justice more like this
hansard heading Upper Tribunal: Land more like this
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for Justice, which Departments have been party to cases in the Upper Tribunal Lands Chamber involving disputes under the Electronic Communications Code in the last five years. more like this
tabling member constituency Harlow remove filter
tabling member printed
Robert Halfon more like this
uin 62788 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2022-10-20more like thismore than 2022-10-20
answer text <p>This information relating to which Departments have been party to cases in the Upper Tribunals Lands Chamber involving disputes under the Electronic Communications Code is not centrally recorded and could only be provided at disproportionate cost.</p> more like this
answering member constituency Dartford more like this
answering member printed Gareth Johnson more like this
question first answered
less than 2022-10-20T10:41:35.157Zmore like thismore than 2022-10-20T10:41:35.157Z
answering member
3970
label Biography information for Gareth Johnson more like this
tabling member
3985
label Biography information for Robert Halfon more like this
1327820
registered interest false more like this
date less than 2021-05-25more like thismore than 2021-05-25
answering body
Ministry of Justice more like this
answering dept id 54 remove filter
answering dept short name Justice more like this
answering dept sort name Justice more like this
hansard heading Family Courts: Custody more like this
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for Justice, what steps his Department is taking to ensure that the presumption of contact at the Family Court does not result in unsafe contact arrangements. more like this
tabling member constituency Harlow remove filter
tabling member printed
Robert Halfon more like this
uin 7148 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2021-06-07more like thismore than 2021-06-07
answer text <p>Section 1 of the Children’s Act 1989 sets out that the welfare of the child is the court’s paramount concern. This is the fundamental principle that guides any decision made by a court regarding the future arrangements of children.</p><p> </p><p>The presumption of parental contact requires courts to presume that the involvement of both parents will further the child’s welfare; because it is a presumption, it applies unless the contrary is shown. This means that the presumption only applies if the parent’s involvement in the child’s life does not put the child at risk of suffering harm. If the court considers that the parent’s involvement does put the child at risk of harm, the presumption does not apply.</p><p> </p><p>The Government is currently conducting a review into the presumption of parental involvement in child arrangement cases. Launched in November 2020, this review focuses on understanding how the presumption is applied where there is an allegation, or evidence to suggest, that parental involvement will put the child at risk of harm. Conclusions from the review will be announced in due course.</p>
answering member constituency Croydon South more like this
answering member printed Chris Philp more like this
question first answered
less than 2021-06-07T16:04:57.117Zmore like thisremove minimum value filter
answering member
4503
label Biography information for Chris Philp more like this
tabling member
3985
label Biography information for Robert Halfon more like this
1327821
registered interest false more like this
date less than 2021-05-25more like thismore than 2021-05-25
answering body
Ministry of Justice more like this
answering dept id 54 remove filter
answering dept short name Justice more like this
answering dept sort name Justice more like this
hansard heading Family Courts: Disclosure of Information more like this
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for Justice, what steps his Department is taking to improve transparency in the Family Court process. more like this
tabling member constituency Harlow remove filter
tabling member printed
Robert Halfon more like this
uin 7149 more like this
answer
answer
is ministerial correction true more like this
date of answer less than 2021-06-07more like thismore than 2021-06-07
answer text <p>Ensuring that decisions made in family proceedings are open and transparent to the public is something to which this Government<del class="ministerial"> has</del> give<ins class="ministerial">s</ins><del class="ministerial">n</del> careful consideration. We recognise that there is a delicate balance to be struck between ensuring that family proceedings are open and transparent to ensure adequate public scrutiny and the principle of public justice, whilst also ensuring that <del class="ministerial">the</del> we protect the privacy of vulnerable children and families who are party to such proceedings.</p><p><ins class="ministerial">In terms of attendance at hearings, most family proceedings are held in private. However, ‘accredited media representatives’ have been permitted to attend most types of hearings in family proceedings for several years. In addition, a pilot scheme to allow duly authorised lawyers, attending for journalistic, research or public legal educational purposes (colloquially referred to as 'legal bloggers') access to those same types of hearings was initiated in October 2018. That pilot scheme is scheduled to end in December 2021, but it is intended that it should be replaced by permanent provision in court rules, before that end date.</ins></p><p><ins class="ministerial">In terms of disclosure of information from family proceedings, for example by reporting it in the press or online, there are various legal provisions which determine if and when it is possible to disclose such information. These include laws on reporting restrictions and contempt of court. Judges dealing with cases have discretion to allow publication of information from family proceedings. In addition, court rules include provision about when it is possible to make disclosures of information without this being a potential contempt of court.</ins></p><p><del class="ministerial">This Government has taken several steps to increase transparency in family proceedings where appropriate. This has included continuing to support a pilot which allows accredited representatives of media outlets to have access to proceedings. The pilot allows legal bloggers access to proceedings with permission of the presiding judge. It also allows the blogger to write about their experiences at court but requires that names and personal information are kept anonymous.</del></p><p><ins class="ministerial">The livestreaming of some Court of Appeal family proceedings is also now possible as a result of amendments made by the Court of Appeal (Recording and Broadcasting) (Amendment) Order 2020, which extended the existing livestreaming provision to cover family proceedings. Under this scheme, members of the public may view selected Court of Appeal family cases on the internet. Members of the judiciary select suitable cases for livestreaming, having taken into account the public interest. Proceedings involving litigants in person, and those with specific reporting restrictions, will not be selected. Participants in all selected hearings will be given the opportunity beforehand to object or to obtain further information.</ins></p><p><del class="ministerial">We have also allowed the livestreaming of Court of Appeal family proceedings. This became a permanent arrangement in June 2020 through the Live Streaming Court of Appeal SI 2020 and allows anyone to view a Court of Appeal family case on the internet (again, whilst protecting the anonymity of the parties involved).</del></p><p>Further recommendations for increasing transparency will be carefully considered to ensure that the children and families who use the family courts continue to be protected, whilst also ensuring adequate scrutiny is given to the family courts.</p>
answering member constituency Croydon South more like this
answering member printed Chris Philp more like this
question first answered
less than 2021-06-07T16:18:44.23Zmore like thismore than 2021-06-07T16:18:44.23Z
question first ministerially corrected
less than 2021-07-29T08:31:40.413Zmore like thismore than 2021-07-29T08:31:40.413Z
answering member
4503
label Biography information for Chris Philp more like this
previous answer version
4558
answering member constituency Croydon South more like this
answering member printed Chris Philp more like this
answering member
4503
label Biography information for Chris Philp more like this
tabling member
3985
label Biography information for Robert Halfon more like this