Covert recordings in Family Law proceedings concerning children
The Family Justice Council (FJC) has published guidance for professionals and litigants who represent themselves, on the use of covert recordings in family law proceedings.
The guidance, ‘Covert recordings in Family Law proceedings concerning children: Family Justice Council Guidance’, follows an increased use of covert recordings in family law proceedings and the need for clear guidance, and for the protection and privacy of those subject to the recording.
The FJC thanks the working group for drafting this detailed guidance and all those that contributed.
The President of the Family Division and Chair of the Family Justice Council, Sir Andrew McFarlane, says in his foreword to the guidance:
“This has been a growing area for the courts to consider with little guidance available to judges or other professionals. This guidance from the Family Justice Council (FJC) explores the issues and examines the consequences arising from the use of covert recordings by private individuals and sets out guidance that we hope will lead to greater consistency in approach.
“Whilst some covert recordings have been found to have evidential value, the secret nature of covert recordings can intrude on the privacy of parents, children and professionals, causing harm and often leading to concerns about the accuracy of the recording.
“It is hoped that this guidance will encourage professional bodies and organisations in the Family Justice System to consider developing their own guidance on the use of covert and overt recordings.”
We encourage professionals and unrepresented litigants to utilise this guidance when matters of covert recordings arise.