Everyone will be aware of the increased use and availability of Artificial Intelligence (“AI”) Software, but how does it affect you and the professionals involved in your Family Court Proceedings? Nagalro is a professional association for social work practitioners, and they have produced a guidance document on the use of AI within social work practice.
This article will consider the use of Artificial Intelligence in family court proceedings, including guidance on the use of it for professionals, and families.  
 
Artificial Intelligence (AI): Guidance for Judicial Office Holders:
The advice contained within the guidance continues to be that information that is not already in the public domain, private and confidential information, should not be shared with any public AI chatbot. Sharing this information could be seen as being “published to all of the world”.
 
The guidance continues to align that public AI chatbots remember every question, every piece of information, and every output that is provided during usage of them. That data and information then becomes public, and available for further “training” of the chatbot. 
 
What is the difference between a Public AI Chatbot, and a Private AI Chatbot?
A public AI chatbot is available to anybody on the internet, and can be easily accessed through search engines. It includes examples such as ChatGPT, Google Gemini, and Microsoft CoPilot. The public AI chatbots are owned by the company that developed them, can be used to “train” other AI platforms, and are not regulated for professional use. 
 
Some public AI chatbots do have a paid feature, this is not to be confused with  privatechatbots which have different security features. A report from Research in Practice, Understanding the emerging use of artificial intelligence (AI) in social work education and practice discusses the privacy risks of those paid subscriptions. 
 
The difference in privacy and data handling policies between paid and unpaidsubscriptions for AI models like Copilot, ChatGPT, Gemini and others is a critical consideration for social workers and social work employers, especially when handling personal sensitive information …
‘While basic security measures are in place, free versions may not offer the same level of security features, dedicated support, or compliance with industry specificregulations (like GDPR). Paid services typically come with enhanced security features and adherence to stricter compliance standards’
 
Private AI chatbots are built for organisations or professionals, with an added layer of security to ensure that all information inputted, and data outputted, remain in the owner’s control and the data is not sourced to third parties in the same way that public AI can be. Examples of private AI software is systems such as Magic Notes (used by social workers and Local Authority professionals), and Accurx Scribe (used by NHS professionals).
 
Data Protection, Confidentiality and Family Court Proceedings
The Law Society of England and Wales has raised an unresolved issue that many generative AI companies are located outside of the UK, which may in turn lead for data to be transferred outside of UK borders. This may lead to international data processing, and further information from the Information Commissioner’s Office is awaited to address these issues. 
 
In England and Wales, the general rule is that disclosures of information contained within family court proceedings are only able to be shared with the following:
1. Instructed legal representation. 
2. Other parties to the case. 
3. A Court appointed expert. 
4. Professionals involved with the case, including social workers, IRO’s, CAFCASS Officers, mediators. 
5. The Legal Aid Agency. 
 
Sharing of information outside of the above, irrespective of if the proceedings are ongoing or have finished, may lead to “Contempt of Court” which could lead to a person being fined or imprisoned. This includes, but is not limited to, the sharing of documents, witness statements, accounts of what is said or done or Judgements.
 
There is an argument that, if you are to use a public AI, whether as a client, or a professional, you should not put any personal, or identifiable, information into any public AI feature. This includes anything which may identify you, a child, or the case, as it can be likened to the same as sharing the information publicly. To remind, public AI chatbot’s are alike to that of Chat GPT. 
 
For professionals or organisations, if you are to commission or allow the use of AI in your company, you must revisit your data protection policies. If AI is to be used, there is a clear need for informed consent, and people must be aware of how their data is being used. This may be simply such as when using an AI transcriber, asking all parties at the commencement of the meeting for their agreement to the use. 
 
What to do if you use AI?
As well as the guidance to not input any identifiable information into AI chatbots, if you, whether as a parent, a family member or a professional, are using it to produce any documents, plans, or statements, you must personally check thoroughly within the document to check it is accurate before sharing it. Information that is not true is not useful for the Court to consider, and should not be shared. 
 
Each statement filed within the Family Court proceedings are signed with a “Statement of Truth” in line with Practice Direction 17A. This is to say that you understand that proceedings for Contempt of Court (see above) may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. Simply, the statements that any person places before the Court must be true, accurate, and with honest and genuine belief in the information. 
 
Whilst AI may be used to assist in the drafting of documents or statements, the evidence filed with the Court must be checked and approved by yourself, a human, to make sure it remains accurate, updated, and in line with the work that is happening on the ground. You may be asked, in oral and sworn evidence, to confirm the information within a statement, or provide further details, and you must be confident that all of the information is true.
 
Notwithstanding the implications legally, as mentioned earlier, everyone using AI should be mindful that human interaction and putting forward points in your own words, expressing your own wishes and feelings will only benefit your case. It allows everybody to gain a better understanding of people’s positions, allows greater development of relationships, and allow tailored support to be put forward. 
 
What to do next?
The future of AI is constantly developing, and the guidance around the use will continue to change as people become more familiar with it. 

If you need support, advice or assistance, no matter what stage of your matter you are at, get in touch with our team on 01642 777680.