Journalists have been able to attend family court hearings since 2009. However because the judiciary have historically prevented publication of what takes place in the family court the press have largely been uninterested. This is however changing.
In 2019 the President of the Family Division appointed a panel to investigate greater transparency in the Family Courts which reported in October 2021.
The President’s forward to the report reads:
“The present system in the Family Court whereby a journalist may attend any hearing but may not always report what they observe, is not sustainable. I have reached the conclusion that there needs to be a major shift in culture and process to increase the transparency in a number of respects”.
The President moved forward with a pilot scheme that presently operates in Leeds, Carlisle and Cardiff. It began in January 2023 for particular public law cases. On 15 May 2023 it was extended to private law hearings concerning children, i.e. disputes concerning child arrangements.
The President has recently announced that the pilot scheme will be extended to 16 more family court centres from 29th January 2024 meaning that almost half of all family courts will be included.
The President has also decided to move forward with a pilot scheme in the Financial Remedies Court (FRC). This is the section of the family court that deals with financial claims on divorce and other similar claims. This will initially be in Family Courts in Birmingham, Leeds and Central London from the 29th January 2024.
The drive for transparency has gained considerable momentum. It seems very likely to continue and widen in scope. It does include anonymity provisions to protect individuals involved in family court proceedings and their children.
Of course this only applies to cases that go before the family courts. The aim is for separating parties to try to reach agreement without the need for court proceedings and there are a number of different ways including mediation to try to prevent this occurring.
For advice about Family Law matters please contact Heather Weavill at Alison Fielden & Co Solicitors on 01285 653261 or by email at hweavill@alisonfielden.co.uk
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