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by Munro Research

Transparency and Accountability Bill


Official Summary

A Bill to make provision regarding arrangements for children involved in court proceedings; to make provision about the transparency, administration and accountability of courts and case conferences; to require the Secretary of State to report to Parliament annually on the number of prisoners who have exceeded their tariff and have not been released because they do not admit guilt; to extend the Criminal Cases Review Commission’s powers to obtain information; to make provision about consumer complaints in markets for public services; to amend certain sections of the Freedom of Information Act 2000 relating to contracts; and for connected purposes.

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Overview

The Transparency and Accountability Bill aims to increase transparency and accountability within the UK justice system, particularly concerning family courts, and to improve the handling of consumer complaints regarding public services. It also enhances freedom of information access and strengthens the powers of the Criminal Cases Review Commission.

Description

Family Justice

The bill makes significant changes to family court proceedings, including increased access for observers (up to 5 per party, with a maximum of 15), allowing for greater participation by extended family members (grandparents, siblings) in cases involving children. It also mandates improvements to children's case conferences, ensuring independent chairing and advance information sharing. Children in care will receive enhanced complaint processes and independent litigation friends, and their criminal records will be handled more carefully. The bill also amends the Adoption and Children Act 2002 to emphasize relative placement and clarify parental consent dispensing.

Administration of Justice

The bill abolishes the common law offence of scandalising the court, increases transparency in contempt of court cases by requiring online publication of details, and limits costs in judicial review cases. It mandates greater scrutiny of the Official Solicitor's work and allows parties to record court hearings for transcript purposes. The bill also introduces provisions addressing capacity for legal proceedings and parole considerations for those maintaining innocence, with a requirement for annual parliamentary reports on prisoners exceeding their tariffs.

Consumer Complaints in Public Services

The bill expands the scope of "super-complaints" to include public services (healthcare, social care, childcare, education) allowing designated consumer bodies to complain to the relevant regulator about market practices harming consumers.

Freedom of Information

Amendments are made to the Freedom of Information Act 2000. The bill mandates disclosure provisions in public authority contracts, extending the scope to subcontractors and related parties. It also grants the Information Commissioner greater powers to access information held on behalf of public authorities.

Government Spending

The bill's financial impact is not specified in the provided text. However, implementation will likely involve some costs associated with implementing new procedures, appointing independent assessors, and potentially increased staffing for various bodies.

Groups Affected

  • Children involved in court proceedings: Enhanced protections and greater voice in proceedings.
  • Families involved in family court cases: More opportunities for participation, particularly extended family.
  • Children in care: Improved complaint mechanisms and independent support.
  • Prisoners: Those maintaining innocence may receive greater consideration for parole.
  • Courts and judicial staff: New procedures and reporting requirements.
  • Public authorities and contractors: Increased transparency and accountability regarding contracts and information.
  • Consumers of public services: Improved mechanisms for addressing complaints.
  • The Official Solicitor: Increased scrutiny of their work.
  • The Criminal Cases Review Commission: Expanded powers to obtain information.
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