Guidance issued on publishing judgments in family courts and CoP

The President of the Family Division and the Court of Protection, Sir James Munby, has issued practice guidance for judges on the publication of judgments.

A copy of the guidance for the family courts can be viewed here, while that for the Court of Protection can be viewed here.

In the guidance for family court judges, Sir James said: "This Guidance (together with similar Guidance issued at the same time for the Court of Protection) is intended to bring about an immediate and significant change in practice in relation to the publication of judgments in family courts and the Court of Protection.

"In both courts there is a need for greater transparency in order to improve public understanding of the court process and confidence in the court system. At present too few judgments are made available to the public, which has a legitimate interest in being able to read what is being done by the judges in its name. The Guidance will have the effect of increasing the number of judgments available for publication."

Last month Sir James said the high-profile case involving an enforced Caesarean section and subsequent care proceedings stood as “final, stark and irrefutable demonstration of the pressing need for radical changes in which both the family courts and the CoP approached transparency.

“We simply cannot go on as hitherto,” the judge said. “Many more judgments must be published. And, as this case so very clearly demonstrates, that applies not merely to the judgments of High Court Judges; it applies also to the judgments of Circuit Judges.”

Sir James also posed the question: “How can the family justice system blame the media for inaccuracy in the reporting of family cases if for whatever reason none of the relevant information has been put before the public?”