Transparency In The Family Courts
In her latest blog, Family Law Solicitor Melissa Knight discusses whether journalists are able to report about family court proceedings and the new pilot scheme initiated by the Family Law President, Sir Andrew Munby, which came into place this year with a view to achieving greater transparency in family cases…
Can Journalists Report About My Court Case?
Many are of the view that greater transparency in the Family Court arena is needed to enable proper scrutiny of the decisions of Judges, Local Authorities and other professionals which in turn instills greater public confidence. The alternative to a less secretive approach is the impact on confidentiality and interference to a right to a private family life. This is often a debate which rears its head when there are high profile cases published in the media where social services, courts, police, health and education can sometimes be held accountable for decision making which has led to a child suffering significant harm or fatalities.
When it comes to reporting, Family Court hearings are different to Criminal Court cases as Family Court hearings take place in “Closed Court” rather than Open Court which means that members of the public are not allowed to just walk in at their own leisure and observe the hearing. This can also include family members or friends who are not a party to the proceedings unless the Judge specifically approves their presence in the court room.
In some Family Law cases, journalists are able to attend the court hearing however they can only report about a case with the Judge’s permission due to strict reporting restrictions which aim to protect the children’s identity. It is quite understandable that most children and young people would not want their personal information made public. Under section 12 of the ‘Administration of Justice Act 1960’, it is a criminal offence to report on hearings which are sitting in private without the Judge’s permission. Furthermore, an individual who decides to post anything about the court proceedings on social media or speak to the press about the details of their case could find themselves in serious trouble as this can be a contempt of court.
The President of the Family Division, Sir Andrew McFarlane published a report in October 2021 called ‘Confidence and Confidentiality: Transparency in the Family Court.’ His report concludes there needed to be change as “Justice taking place in private, where the press cannot report what has happened and where public information is very limited, is bound to lead to a loss of public confidence and a perception that there is something to hide”. He decided that there needed to be a shift, however was very conscious of protecting the child’s identity in the process.
The Transparency Order
In January 2023, a 12 month pilot scheme was rolled out in the Family Courts in Cardiff, Leeds and Carlisle which will allow journalists or legal bloggers to report on both private and public Family Law cases. There will be strict rules in place to ensure that the family’s names are kept anonymous and their identity is protected. It will be up to the Judge hearing the case to agree to what facts can be and cannot be reported and this will be set out in what is called a “Transparency Order”. For example, the Judge may not agree that the name of the family or the children’s school can be reported but may decide that the name of the local authority area can be reported, names of experts involved and specific facts that happened in the case.
In the event that the pilot is deemed to be successful then the plan is to roll out the pilot across all Family Courts in England and Wales. It is therefore likely to become more common for journalists to be present in Family Law cases which could cause additional anxiety for families during periods of time which are already extremely stressful.
A further change as a result of the Sir Andrew McFarlane’s report is that Family Court Judges are now required to publish at least 10% of their decisions known as “Judgments”. This means that the run of the mill cases will be published to the wider public rather than just the high-profile cases which attract media attention.
How Can Timms Help?
If you are worried about a journalist reporting court proceedings involving your children or you require some advice about the strict rules which limit posting on social media, then please do not hesitate to contact me on 01283 561531 or via email at m.knight@timms-law.com
May 2023