On 5th January 2021, we once again entered a national lockdown. Just like many other industries throughout the country this lockdown impacts working practices here at Advanced and within the family courts. As advised by Professional Law Gazette, remote proceedings are here to stay as we navigate through our 3rd lockdown and throughout the Covid crisis. Lord Chief Justice confirmed it will be the default position across all jurisdictions.
In response to all the new measures imposed throughout the lockdown, the President of the Family Division asked the Nuffield Family Justice Observatory to undertake a rapid consultation on the use of remote hearings in the family court. The consultation ran over a two week period, with over 1,000 participants throughout the UK. Nuffield reports ‘an even balance in positive and negative responses to remote hearings’, the report looks at the justification of remote hearings and their potential effect on the family court proceedings.
A big question posed by lawyers is regarding the ‘fairness’ of remote hearings; in an ideal world no hearing should take place remotely but as our country faces these most unprecedented times, the safety of all involved is vital. It is however clear that all professionals involved are using their best endeavours to ensure that full and fair hearings do take place.
The report looks extensively at best practise procedures for the new systems, including examples of preparing for remote hearings, management of hearings themselves and to the way that the technology is being used. As remote hearings are here to stay for the foreseeable future, we are committed to enabling best practise to ensure the safety of our team and clients.
You can check out the full report carried out by Nuffield Family Justice Observatory here. https://www.nuffieldfjo.org.uk/app/nuffield/files-module/local/documents/nfjo_remote_hearings_20200507-2-.pdf
Or for the latest reflects on the report here. https://www.nuffieldfjo.org.uk/app/nuffield/files-module/local/documents/remote_hearings_survey_sept_2020.pdf
