• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
Logo
  • Home
  • Our People
  • Our Services
    • Divorce & Finances when separating
    • Cohabitation contracts
    • Prenuptial Agreements
    • Disputes involving children
    • Arbitration
    • Wills, LPA & Probate
  • News & Views
  • Questions
  • For Clients
    • Book an appointment
    • Using LawConnect
    • Our service standards & complaints procedure
    • Reviews
  • Contact Us
  • 0800 083 6051
You are here: Home / Uncategorized / Covert recordings in family law matters

Uncategorized · May 29, 2025

Covert recordings in family law matters

 

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. This has been needed for legal professionals and courts.

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 the protection and privacy of those subject to the recording.

In summary, the guidance:

  • Outlines considerations undertaken by the court, referencing relevant laws and statutory frameworks involved with covert recordings in legal proceedings – including, the covert recording of children, professionals, and other family members.
  • Explores the consequences and potential issues that may arise from the use of covert recordings in family law proceedings and provides guidance to promote consistency in the approach to these recordings.
  • Emphasises the need for more guidance across professional bodies and organisations regarding the use of covert recordings in legal proceedings in the family justice system.
  • Analyses key considerations of the courts when assessing covert recordings in legal proceedings, such as the authenticity and completeness of the recording, probative value, and relevance to the case.

In the foreword to the guidance, the President of the Family Division of England and Wales and Chair of the Family Justice Council, Sir Andrew McFarlane, said:

“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.”

 

Filed Under: Uncategorized Tagged With: cover recording, secret recording

Previous Post: « New protocol for adults lacking capacity across the UK
Next Post: Updated protocol for cross UK jurisdiction judicial communication »

Primary Sidebar

Recent Posts

  • Updated protocol for cross UK jurisdiction judicial communication
  • Covert recordings in family law matters
  • New protocol for adults lacking capacity across the UK
  • Leasehold Reform Act 2024 – Major changes ahead
  • Karen Dovaston joins Worshipful Company of Arbitrators

Footer

Review Solicitor

Contact Us

  • 112 The Broadway, Thorpe Bay, Essex, SS1 3HH
  • 0800 083 6051
  • [email protected]

Connect with Us

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

Privacy Policy | Copyright © 2021 Dovaston Law is the trading name of Dovaston Law Limited.
Dovaston Law Limited is authorised and regulated by the Solicitors Regulation Authority, registration number 816750 Company Number: 13221943 (Registered in England and Wales) | Registered Address: 457 Southchurch Road, Southend on Sea, SS1 2PH
Website Hosting : Lift Legal Marketing · Log in

We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.
SettingsAgree and close
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT
  • Home
  • Our People
  • Our Services
    • Divorce & Finances when separating
    • Cohabitation contracts
    • Prenuptial Agreements
    • Disputes involving children
    • Arbitration
    • Wills, LPA & Probate
  • News & Views
  • Questions
  • For Clients
    • Book an appointment
    • Using LawConnect
    • Our service standards & complaints procedure
    • Reviews
  • Contact Us
  • 0800 083 6051