Transparency Reporting Pilot: Recommendation That Privacy Should Be Retained For Out-Of-Court Settlements
The transparency reporting pilot launched on 30 January 2023 in Cardiff, Carlisle, and Leeds, with the aim of exploring how to make family justice more transparent, by giving the media the ability to attend and report on family court cases (subject to clear limitations around anonymity where required)
The transparency reporting pilot was extended to cover private law children cases from 15 May 2023. It is anticipated that the pilot will further extend to cover hearings before magistrates in the Autumn.
Progress has been reviewed regularly by the Transparency Implementation Group, working in conjunction with designated family judges, transparency liaison judges and local pilot liaisons.
The Financial Remedies Court (FRC) sub-group of the Transparency Implementation Group has issued its final report, covering a wide range of issues concerning transparency within FRC work. The report makes recommendations on anonymity in FRC cases and also in relation to the manner in which cases are listed, who should be able to attend hearings, which documents, if any, should be made available to reporters and the publication of judgments. The report also deals with out-of-court settlements, the harvesting of statistical information from Form D81s and appeals, as well as recommendations on what may be reported by way of reporting orders made in appropriate cases.
The group was chaired by His Honour Judge Stuart Farquhar and included all levels of first instance judiciary, solicitors, barristers, a legal blogger and a press reporter, and sought input from practitioners in FRC work in other jurisdictions worldwide, as well as those undertaking civil (King’s Bench Division and Chancery) and Court of Protection work in England and Wales. A wide-ranging survey of judges, practitioners and others was also conducted.
The report runs to 164 pages, with an executive summary in chapter two as well as a table setting out the main issues and recommendations at pages 11-14.
The report recommends that for all out-of-court settlements, the parties should be entitled to retain their anonymity, so they will avoid the scrutiny that would otherwise occur with transparency. For many couples navigating family change, privacy is a big issue, and this is another reason why, if possible, separating couples should first explore non-court solutions such as mediation, arbitration or One Couple One Lawyer services, where they can be assured that their family details will remain completely private.
You can read the full report here: FRC TIG Final Report April 2023.
Author Name: Editor
Published content by The Divorce Surgery Editorial Team.
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