Jurisdiction(s):
United Kingdom

FJC guidance on covert recordings in children proceedings: evidential, welfare, data protection, procedural and cost considerations for practitioners in England and Wales

Published on: 22 May 2025

Published by a LexisNexis Family expert

Legal News

Article summary

What is the purpose of the FJC guidance?

The guidance aims to help judges and legal representatives manage the increasing incidence of covertly made recordings by parties to proceedings. A recurring friction, especially in private law cases about children, arises where one side (often without representation) claims they are recording for their own and the children’s safety, while the other alleges harassment or invasions of privacy. The court must then weigh those competing concerns against the volume and reliability of any such material, the expense of evaluating it, and the overarching welfare of the child. Practitioners may likewise struggle with how to respond when a client produces secret recordings said to support their position. Judges must balance privacy complaints with claims of protection, the scale and soundness of the material, the expense of scrutiny, and children’s welfare overall. Issued roughly two years after an initial draft and consultation with professionals and children, the final guidance is broadly in line with that earlier version.

What are the key points in the guidance?

Covert recordings are not admissible unless the court determines that they are, and therefore should not...

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