CHAPTER ELEVEN – REMOTE COURT HEARINGS IN FAMILY PROCEEDINGS
Remote hearings
A remote hearing is one which is held without the people involved attending court in person. Instead they join the hearing by telephone or by video link using their phone or another device such as laptop or tablet. Sometimes the judge will be at home rather than in the court building. Apart from the fact that people are not in the same building, a remote hearing is exactly the same as a hearing where the parties attend to court in person and the process is broadly the same. The court has all the same powers and will expect people to treat it just as seriously as a ‘normal’ hearing.
Hybrid hearings
A hybrid hearing is a mixture of a remote hearing and a ‘normal’ hearing. This means that some of the people involved attend the court in person, and some of them join the hearing remotely by video link or phone. A hybrid hearing might happen if one person cannot physically travel to court. This can happen in some family cases where there are several parties involved. In some cases, one party might attend the courtroom (or another building) so they can be in the same room as their solicitor, but still join the actual hearing by video link. There are a number of different combinations depending on the type of case and the particular circumstances.
The remote hearing itself
When court hearings take place in person in a court building, they do not always start on time because judges often allow parties and their lawyers some flexibility to have discussions before going into the courtroom. It could also be that there are several cases listed at the same time. Remote hearings almost always start on time. It is important that any discussions between the parties have taken place before the start time for the hearing, and that they are ready and waiting at the time the hearing is listed.
It often takes a few minutes for everyone to join the hearing.
At the start of the hearing the Judge will explain that the hearing is being recorded and that It is a criminal offence to record the hearing without permission. If the hearing is heard in private, which is the case for most family court hearings, the Judge will check with everyone involved in the case that they are on their own and somewhere private.
The Judge will make sure people take turns in speaking, and will ask those present not to interrupt. It is a good policy for everyone to put themselves on ‘mute’ except when they are actually talking, so that background noise does not stop people hearing what is being said. The parties should make sure that, if possible, they have the bundle or the most important documents accessible for reference purposes. Judges can and do hear evidence from witnesses at remote hearings, and can make final orders. It will be for the Judge to decide whether it is fair and suitable for a particular hearing to be dealt with remotely and, if not, what the alternative arrangements can be made.
Joining a remote hearing
The parties will be sent joining instructions before the hearing, either by the court or by the solicitor who is organising the connection.
If the hearing is a telephone hearing, this will usually be arranged by the court and they will call the parties so they can take part. It is important to make sure the court has your up-to-date phone number and that the parties are ready to answer the call when it comes in. The parties should ensure their phone or device is charged or connected to power so that it does not run out of battery during the hearing. If the court is unable to reconnect to a party during the hearing, it might continue on without them. If the hearing is a video hearing, it could be run through one of several different platforms.
Devices, apps or software
The basic requirement is a functioning phone with a reliable connection. Even if the hearing is a video hearing, a party can still join by phone, but it is much easier to follow by video. There are a number of different video platforms that can be used to run a remote hearing, but most of them work in a very similar way. With some video platforms, you might be invited to download an app, but if you prefer, most platforms allow you to join through your internet browser. Cloud Video Platform (CVP) is the Court Service’s own video platform. It works through a browser and can be used without needing to download an app.
Support during the remote hearings
If a hearing is a family case the parties should be on your own unless the Judge gives you permission for someone else to be with them. A supporter could be a carer, an Independent Domestic Violence Advocate, a social worker or other support / key worker, a family member or friend or a ‘McKenzie Friend’. A supporter might be in the same location as a party during the hearing or they might join the hearing from somewhere else. If the hearing is in private, the Judge may ask the supporter to confirm they understand that they must keep things private, before the hearing goes ahead. Anyone who does attend a hearing to support a party they should remain silent throughout.
If possible, any children should be safely occupied, out of earshot and supervised in another room during the hearing. This is particularly important if it is a family matter about them. A party can still ask the judge about a supporter at the start of the hearing if they have not been able to do this in advance of the hearing.
Communications during the hearing
If a party has a solicitor or supporter, discussions about the best way of communicating during a remote hearing should take in advance of the hearing. Normally a party could whisper to their solicitor in the courtroom, but in a remote hearing they could use WhatsApp, or email, or a separate video link or phone call to communicate privately as things happen. On some platforms, it is possible to set up a private ‘room’ where a party can have private discussions with their solicitor or supporter (a breakout room).
Requests for a face-to-face hearing
If a party considers there is a need for a face-to-face court hearing this should be raised with the court. The judge has to make a decision on a case-by-case basis depending on:
- the nature of the case and the specific hearing
- the particular needs of the people involved
- what is safe and practical.
If a party has a disability that makes a remote hearing impractical or unsuitable, or if there is a need for an adjustment to be made so that a party can participate the party concerned should raise the matter with the court.
Difficulties during the hearing
It is important that the parties understand what is happening during the hearing. If a party is struggling to see, hear or follow, they should let the judge know at the time. They can do this by speaking, putting their hand up or (on some platforms) pressing a button to raise a ‘virtual’ hand. The judge may ask everyone who is not speaking to mute their microphones. Sometimes people get cut off from a hearing part way through. Usually the people left behind will get a notification telling them a party has gone, so they will either try and rejoin. If the internet connection goes down, it might be possible to join by telephone.
The Court Order
The court will produce an order recording the outcome of the hearing, and will send everyone involved a copy of the order. If there are lawyers involved they will prepare the order for the judge, and the solicitor will send out the order once it has been approved.
Further Information
The Courts and Tribunals Service (HMCTS) have produced a Guide on Joining Court Hearings by Video Call or Phone:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_ data/file/876566/
HMCTS have also produced a Guide to How to join Cloud Video Platform (CVP) for a video hearing:
https://www.gov.uk/government/publications/how-to-join-a-cloud-video-platform-cvp- hearing/how-to-join-cloud-video-platform-cvp-for-a-video-hearing