Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether his Department has made an assessment of the effect of virtual court proceedings on participating children.

We are clear that audio and video hearings provide an additional channel for conducting a hearing and should be as accessible as possible. The decision to hold a hearing by telephone or video is for the judge, panel or magistrate, taking into account the needs of the parties, including any disability or difficulties with access.

In the criminal courts, we are working with all 157 Youth Offending Teams (YOTs), Youth Justice Board and Youth Custody Services to ensure that the video remand hearings adhere to safeguarding principles. We have focused on ensuring the child/young person is able to receive the necessary support so that they can fully understand the criminal procedure and have a fair hearing, by engaging with YOTs to properly understand how a child’s needs should be assessed.

We ensure that a defence representative can take full instructions in a confidential environment, with the parent or guardian continuing to offer support to the child/young person at the hearing.

In appropriate cases the Court will still have at its disposal special measures such as intermediaries to assist the young person in engaging and understanding proceedings, and being able to provide instructions to their representative, together with the Youth Offending Team.

Mr Justice Macdonald issued the latest advice on hearings in the family division on 17 April, including guidance on hearings concerning children.

We are also planning an evaluation of the use of remote hearings during the Covid-19 outbreak. This includes exploring how remote hearing processes were implemented and worked in practice, and how experiences varied for different user groups. We will also consider the findings of the Nuffield Family Justice Observatory, who are gathering evidence from families with children and all professionals working in the family justice system.