Social workers body expresses concern at possible breaches of confidentiality in reporting of family courts

The British Association of Social Workers (BASW) has welcomed the clarification provided by the President of the Family Division’s guidance on reporting in the family courts, but says it remains concerned about the potential for children to have their confidentiality breached.

In a letter to Family President Sir Andrew McFarlane, BASW Professional Officer Gavin Moorghen said: “We are also mindful of the need and right to privacy of others, including; birth parents, siblings foster carers, extended friends and family and professionals.

“While we recognise that there are no changes to the existing arrangements on reporting in the family courts, there should be more information on definitions and guidance made available to professionals and those receiving services. This is so everyone fully understands the limitations, rules and consequences around reporting, including posting to social media.”

Moorghen said that BASW England recognised that transparency in family proceedings would lead to greater public understanding of court procedures and the role of social workers. This would help to counter many common misconceptions which exist around social work practice and family court proceedings, it added..

“However, this should not be at the detriment of confidentiality to the child and other individuals, including professionals. As such there should be no identifiable information in reporting, this includes references to locations.”

The letter added that BASW England would welcome an opportunity to meet with the President to discuss the role of social workers in family proceedings and “how we can work together to ensure the best possible outcomes for children and their families”.

BASW has 20,000 members and offices in England, Northern Ireland, Scotland and Wales.

In May Sir Andrew announced a review of transparency on reporting within the family courts. He has also launched a consultation on draft guidance “to make it easier practically for journalists to challenge reporting restrictions in family courts”. This will run until 30 June.

The draft guidance follows the Court of Appeal case Re R ( A child) “which demonstrated the need for greater clarity and guidance in relation to applications by journalists to vary or lift reporting restrictions”.