President launches review of transparency in family courts, consults on making it easier to challenge reporting restrictions

The President of the Family Division has announced a review of transparency on reporting within the family courts.

Sir Andrew McFarlane has also launched a consultation on draft guidance “to make it easier practically for journalists to challenge reporting restrictions in family courts”. This will run until 30 June.

The draft guidance follows the Court of Appeal case Re R ( A child) “which demonstrated the need for greater clarity and guidance in relation to applications by journalists to vary or lift reporting restrictions”.

Writing in his latest View from the President's Chamber, Sir Andrew said: "The issue of ‘transparency’, namely the degree to which the workings of the Family Court should be more open to the public, remains one that is regularly raised in the Press and in discussion by those who seek to persuade The President to one view or another. It is important that the Family Justice system is as open and transparent as is possible, whilst, at the same time, meeting the need to protect the confidentiality of the individual children and family members whose cases are before the court.”

The President said: “It is now some time since the issue was looked at on a root-and-branch basis. In the intervening time we have operated the current arrangements where journalists may attend any Family Court hearing, but not report the substance of the cases that they may observe.

"Following Presidential guidance, more cases are now regularly published on the BAILLI website. In recent years full reporting has taken place of some important cases. In addition, the work of the Transparency Project, Dr Julia Brophy and others, together with the voices of young people who have involved in the system, has produced a significant amount of further information and experience on the issue.”

Sir Andrew said it was important that the issue of transparency should be kept under active review.

“As previous consultations have demonstrated, it is an issue which divides opinion. The valuable process undertaken in 2006 by Lord Falconer when Lord Chancellor was entitled ‘Confidence and Confidentiality’, thereby neatly teeing up the twin, and competing, priorities of enhancing public confidence in the system and, at the same time, maintaining confidentiality for the individuals who come to the court. As that process, now more than a decade ago, found, ‘Transparency’ may be a circle which is difficult to square,” the President suggested.

The proposed ‘Transparency Review’ will consider all available evidence and the full range of views on this topic, including evidence of how it is addressed in other countries.

“The aim of the review will be to consider whether the current degree of openness should be extended, rather than reduced,” Sir Andrew said, adding that he intended to invite two or three respected individuals, not known as having a firm view on the issue, to assist him as fellow assessors in the process.

“It is my aim to conduct the review over the next nine months with a view to producing a report and recommendations by this time next year."