Covid-19

 
 

COVID-19 UPDATE

IDENTIFYING AND ADDRESSING CHALLENGES

The court recognises how important it is for you to continue to have access to the court system. It is therefore working hard to try and find solutions to the many complex issues associated with conducting hearings remotely. Solutions the court has implemented for remote hearings include:

  • Family Court orders will now automatically be sealed on FamilyMan.

  • In order to prevent orders being edited after they have been issued, orders which are sent out in PDF format should be password protected.

  • A "wet" signature is not required for applications.

  • Availability of an online service for making child arrangement applications on GOV.UK (unless the application is urgent, then you should instead contact your local court). 

  • Calling you when it is time for the hearing, so that you don't have to pay for the call on your pay-as-you-go mobile phone. 

  • Letting you join a hearing by phone instead of by video so that you do not need an internet connection.  

  • Allowing you to attend the hearing from a 'safe space' if necessary – like in an empty court room where it is only you and the computer/phone, or at your local council offices where you can have access to their wifi or maybe to a computer. 

  • Setting rules at the start of a hearing so you can be heard and can hear. The court should also tell everyone on the call or video call that they cannot record or share the video or call because this is a criminal offence. 

  • Letting people take more breaks than usual.

  • If you have a lawyer, the court should also allow them more time to talk to you before the hearing, and more time, or more breaks, so they can speak to you to let you know what is going on and get your instructions. 

PRIVACY AND CONFIDENTIALITY 

  • You must not record the hearing or take screenshots. You must not upload any part of the hearing to social media (like Facebook) or anywhere else. You could be breaking the law if you do. 

  • If you have a lawyer, be careful when you speak to them to make sure you have a private line or video channel that the court and the other side cannot hear. 

  • Children should not be able to watch or hear the hearings. 

 

LEGAL AID

  • If you are legally aided you can still meet with your lawyer by video conference or telephone. 

  • Your lawyer should use free services such as Skype or Zoom. 

  • If you have to pay for participating in a hearing (like additional data charges) you can claim for reimbursement.

 

ALTERNATIVE DISPUTE RESOLUTION

  • You may be asked by the court to consider ways of resolving your dispute that are not through the court (such as mediation or arbitration).

  • The court might adjourn a hearing because of COVID-19 and direct you to take time to get information about other ways of resolving your dispute. If you agree with the other side, the court could allow you time to participate in non-court dispute resolution, which might mean that you reach an agreement without needing to come back to court. 

 

ONGOING ISSUES & CHALLENGES 

The courts are still considering how, with the current social distancing rules, parties can effectively join remote hearings from home. This includes considering many issues such as: 

(i)              how to deal with children at home and how they can be protected during the hearing;

(ii)            how parties with literacy problems can be helped with documents remotely; 

(iii)           giving time for solicitors to consult with their clients before/ during remote hearings;

(iv)           how to assess "capacity" of adult parties and children and how children (if they are parties to the proceedings) can take part, with appropriate privacy;

(v)            how recordings of hearings will be taken and stored; 

(vi)           how a party and interpreter and/or intermediary can have a channel of communication during the hearing; and

(vii)          how the press are going to continue to be able to observe proceedings 

Important: the courts are aware that litigants in person will face particular difficulties with respect to remote hearings. 

FURTHER DETAIL ON REMOTE HEARINGS 

Preparation

  • Remote hearings require parties to be more proactive and co-operative with each other due to the lack of physical contact. Parties should:

o   Clearly identify the relevant issues to be dealt with during the hearing to reduce the overall number of issues for the judge to determine. 

o   file and serve evidence and other documents in accordance with the relevant case management order or Practice Direction. 

 

Case Suitability

  • The judge will decide if a hearing is suitable for being dealt with remotely. This decision will depend on the circumstances of each case. 

  • It is expected that all case management hearings can be dealt with remotely. If a hearing involves witness evidence, the judge will decide if it can be held remotely depending on the circumstances of that case.

 

Method of Remote Hearing

  • At the beginning of proceedings, the court and the parties must consider and agree on the communication platform that will be used.

 

What if I don't have enough internet to attend by video? 

  • If one party is unable to attend a remote hearing by way of an electronic communications platform for reasons such as a lack of access to the relevant technology or a very poor Internet connection, but can attend by telephone, the remote hearing will be held by telephone conference call. 

 

Who is responsible for remote hearing arrangements?

  • The conference call will be arranged by the applicant or first represented party, or by the court if no party has legal representation.  

 

Listing / Timing of remote hearing

  • The court will be required to list hearings at a specified time.

  • All parties must be ready to start the remote hearing at the listed time. 

 

Arrangements for Witnesses

  • If the remote hearing will involve oral witness evidence, the parties should agree in advance the documents to which the witness will likely be referred. 

  • When administering the oath or taking the affirmation, the witness should repeat the oath upon the judge's request. 

 

Interpreters and Intermediaries

  • If the case requires the use of an interpreter and/or an intermediary, consult with the relevant interpreter and/or intermediary as soon as possible to determine how best to involve them. 

 

Transparency

  • Accredited representatives of the press may attend a private hearing in the Family Court, unless this would cause justice to be impeded or prejudiced. The court and the parties must therefore consider how the press may access the remote hearing. 

 

THE REMOTE VIDEO HEARING ITSELF

1.     All parties must be ready to be invited to the remote hearing call at the listed time. Technical problems may arise in the early stages, and so all parties must remain flexible and sympathetic. The court asks the following:

a.     Participants should try to ensure that the background visible to all other parties and the court is appropriate for a court hearing, and that their face can be clearly seen. 

b.     Participants must ensure that they are not distracted or interrupted during the hearing.

c.      Participants should not move away from the screen without the permission of the judge during the course of a hearing. 

d.     The usual restrictions on eating and drinking in a court room apply. 

e.     Reasonable steps must be taken to ensure the proceedings remain confidential. This includes each participant sitting indoors in a room with the door closed and sitting alone wherever possible, unless they are sitting with a person who is also a party to the proceedings. (The use of earphones is encouraged if their use will assist in preserving confidentiality.)

2.     Anybody joining the hearing should have an adequate Internet connection of 1.5 MBPS. In addition:

a.     All participants should join the remote hearing before the judge joins.

b.     All participants should have their microphones muted at all times, unless they are addressing the judge or have been instructed to unmute their microphone. 

c.      All participants should keep their cameras turned on at all times unless instructed otherwise.

d.     At the start of the hearing, the court will identify the name and number of the case and remind the parties of their obligations in a court of law. 

e.     The court will identify all participants in the remote hearing and give any additional instructions as required.

f.      The court will give any necessary warnings to all parties regarding recording and confidentiality. The parties will be asked to turn on their microphones while these warnings are given, and will be invited to confirm their understanding of any warnings. 

g.     When a witness gives evidence, the court will warn the witness that they must be alone while giving evidence. The witness must also keep their camera and microphone on at all times while giving evidence.

3.     The clerk, court official or the judge(s) must complete the order that is made at the end of the remote hearing. The wording of the order should be discussed and agreed with the parties before the remote hearing is terminated.