Opening Up The Family Courts
On 29 November 2022, the President of the Family Division, Sir Andrew McFarlane, issued The Transparency Reporting Pilot Guidance to test a new approach allowing for reporting of family proceedings. This followed publication in October 2021 of Confidence and Confidentiality: Transparency in the Family Court, a review of the issue of transparency in family justice, in which he wrote:
“My overall conclusion is that the time has come for accredited media representatives and legal bloggers to be able, not only to attend and observe family court hearings, but also to report publicly on what they see and hear. Reporting must be subject to very clear rules to maintain both the anonymity of the children and family members who are before the court, and confidentiality with respect to intimate details of their private lives. Openness and confidentiality are not irreconcilable, and each is achievable. The aim is to enhance public confidence significantly, whilst at the same time firmly protecting continued confidentiality.”
That pilot scheme begins today in 3 courts; Leeds, Carlisle, and Cardiff. The pilot will commence with public law cases and shortly thereafter extend to private law cases. Journalists will be able to report on both in person and remote hearings. To protect the integrity of the reporting only accredited journalists and legal bloggers will be allowed to report with “transparency orders” clearly defining what can and cannot be reported on.
The pilot scheme does not extend to financial remedy applications, although recent case law shows the direction of travel also favours openness, rather than the blanket anonymity which has historically been the case.
There are many out-of-court alternatives for families who wish to ensure privacy, including arbitration, mediation and our own One Couple One Lawyer service.
If you would like to read more, we have set out below a link to all the guidance. The very recent judgment of Mr Justice Poole in BR & Ors, Re (Transparency Order: Finding of Fact Hearing) [2023] EWFC 9 (25 January 2023) provides an excellent summary of the law and the balancing approach family judges will now take: https://www.bailii.org/ew/cases/EWFC/HCJ/2023/9.html and the recent judgment of Mr Justice Mostyn in G v G explores the arguments in respect of blanket anonymity in financial remedy cases: Gallagher v Gallagher (No.1) (Reporting Restrictions) [2022] EWFC 52 (13 June 2022) (bailii.org)
Reporting Pilot – Courts and Tribunals Judiciary
Author Name: Editor
Published content by The Divorce Surgery Editorial Team.
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