A new pilot scheme has launched this week to allow more freedom to the press to report on Family Law proceedings, in a bid to increase transparency and public awareness as to what takes place in Court.
The scheme enables journalists enhanced freedoms to access and report on the work and events taking place in Court hearings.
Why?
Under the current law – governed by Section 12 of the Administration of Justice Act 1960 – the privacy of Family Court proceedings is fiercely protected. The Act identifies that reporting on Court proceedings sitting in private to hear matters related to children risks being contempt of Court. This is a serious offense that can be punishable, in the worst cases, as severely as committal to prison.
The result is an effective block on the ability of journalists to access, investigate, expose or otherwise discuss the work of the Family Court with any degree of specificity.
The new pilot scheme is intended to test a relaxation of these rules, to enhance greater public awareness and transparency into Family Justice.
The scheme follows a widespread campaign, over a number of years, for greater access and ability to report on Family Court proceedings. Louise Tickle, an independent journalist, has been a figurehead for the campaign for eight years, when she began reporting on domestic abuse matters and legal aid funding available to the victims of this abuse, who are having to rely on the Family Court for their protection. A significant number of Family Court practitioners have shared these concerns.
The concern, in essence, is that the fate of children and victims of abuse within Family Court proceedings is a clear matter of public interest upon which there is almost no ability to report. Many campaigners fear that domestic abuse cases are mishandled by Local Authorities or even the Court. However, in absence of the press, or even the parties themselves, having the ability to discuss the details of the cases, there is an almost insurmountable barrier to public discussion.
Sir Andrew McFarlane, president of the Family Division of the Courts, has taken heed of these concerns and published a review on the subject in October 2021. “He recognised that there need to be a major shift in culture and process to increase the transparency…in a number of respects”. The pilot scheme is the outcome of the work done subsequent to this review, in an effort to improve the situation.
What is happening?
The Family Court in Leeds, Cardiff and Carlisle will be participating in the pilot scheme.
The headline changes are as follows:
- Journalists will have greater access to talk to family members involved in Court proceedings and, in some circumstances (i.e., this being a pilot scheme case), quote them in the press.
- Journalists will have greater access to certain Court papers, previously heavily restricted.
- Journalists will have greater license to report the events taking place in the Court room.
This is a simplification of what are quite complex rules, which are housed on a new website run by the Bureau of Investigative Journalism.
The counterbalance
It is expected that the relaxation of access to information in the Family Court will be very carefully managed. It is a significant departure from the status quo in respect of privacy and needs to be undertaken with care.
The reason is that privacy, for the protection of the welfare of those subject to, or involved in, the family justice system remains an important counterbalance.
The Family Court deals with very serious welfare issues, including individuals who may be dangerous to those involved, and a free reign on information can place children or other individuals at risk of harm. The children subject to these proceedings also have an entitlement – even a Human Right - to their own privacy.
This is the primary reason for the restrictions identified above being qualified and limited. It is also the reason why responsible reporting will require journalists to balance these competing factors in their reporting.
The Court, too, will maintain oversight of reporting to protect these issues. Pilot schemes will require a transparency order to be made by the Court which determines what can and cannot be reported, to be issued at the end of the hearing.
Transparency in the Family Court is an ongoing discussion amongst the profession and other relevant stakeholders in the Family Justice System.
If you have a family law dispute and are concerned about privacy, it may be that it is possible to resolve your matter via arbitration. This is a process by which parties with a dispute will elect to be bound by the decision of an independent tribunal, outside of Court, often a part-time Judge or barrister. This will be an alternative that guarantees total privacy. However, it is not suitable for all cases and cannot or should not deal with cases with child protection or serious welfare aspects.
If you are involved in Family Court proceedings, whether this is subject to press interest or not, it is important that you consider specialist legal advice. If you wish to access support with this, our experienced Family Law Team can help.
