BBC covers family court case in Northern Ireland media for the first time

The BBC has received authorization to report on a family court case in Northern Ireland, marking a historic first for media access in this jurisdiction. The case, involving the potential removal of parental responsibility from two parents, was heard at Belfast High Court.

This development is part of a new media pilot initiative, introduced by the Lady Chief Justice, aimed at increasing transparency in the courts. Family court proceedings are typically closed to the public and media to safeguard the privacy of children and to allow sensitive decisions affecting family life to be made discreetly.

The case highlighted by the BBC was not chosen for its legal importance but rather as an example of the types of cases handled annually by the family High Court in Northern Ireland. For the parents and child involved, however, it carried profound consequences.

The core issue was the safety and welfare of a very young child, focusing on what would be in the childs best interests. The Western Trust sought a "freeing order," described by the mothers barrister as the most severe action a court can take, permanently severing parental ties and enabling the child to be placed for adoption.

The child, who cannot be identified, was taken into care shortly after birth. The parents already have two older children together, and the mother has additional children, all of whom are also in care. Justice Patrick Kinney determined that the child was suffering or at risk of suffering harm in the parents care, meeting the legal threshold for intervention.

Among the concerns were domestic violence, with criminal proceedings pending against the father regarding the mother. The judge characterized the parents relationship as dysfunctional and violent, citing their lack of transparency with social services and failure to engage with medical assessments and behavioral support. The Western Trust also highlighted that the mother has a significant cognitive impairment.

While it was acknowledged that both parents love their child, the court was presented with evidence that neither had the capacity to ensure the childs safety. The parents agreed to avoid contact with each other temporarily, allowing the mother an opportunity to demonstrate her ability to care for the child.

Ultimately, the Western Trust concluded that rehabilitation of the parents was unlikely at any reasonable time, and adoption was deemed necessary. Justice Kinney agreed, stating that all reasonable steps to reintegrate the child with the parents had been attempted without success. The freeing order was granted, and the child will now be placed for adoption.

Dame Siobhan Keegan, who oversees the pilot, emphasized that allowing journalists into family courts will help the public understand these proceedings. She noted that while some cases reveal difficult realities, others demonstrate the courts efforts to achieve positive outcomes for families.

The pilot in Northern Ireland follows a similar program in England and Wales, where journalists have been permitted to report from courts since January 2025. On average, Northern Irelands high courts have handled just over 100 public law cases annually under the Children Order legislation. In 2025, there were 4,188 children in care, the highest number since the Children Order 1995 was introduced, with 96 children adopted that year.

Author: Connor Blake