Reporting restrictions eased in three family courts for 12 months

A pilot scheme which aims to shed light on the workings of the family court system has started in Leeds, Cardiff and Carlisle.

In these city courts, accredited journalists and legal bloggers will be able to report on cases as they unfold, as they would do in the criminal courts, as long as the identities of the families and certain professional involved are not revealed.

Reporters have had access to courts dealing with sensitive matters involving children for some time, but reporting has been highly restricted to only what a judge will allow. The hearings are still closed to the public,

The first case to be held under the new rules started last week, when a High Court judge in Leeds decided to adopt the protocols at the beginning of an 11-week hearing rather than bring them in part-way through the proceedings.

Very few details of the case can be reported at this stage, until the conclusion of any criminal proceedings arising out of the matters being considered.

Mr Justice Poole allowed the reporting of certain details, including that this is a finding-of-fact hearing involving three families and allegations of fabricated or induced illness. Cases where journalists and bloggers attend cases will be covered by a Transparency Order, setting out what can and can’t be reported, and reporters will be able to access some basic case documents.

Families will also be able to talk to a journalist about their case, without risking punishment for contempt of court, as under the present regime. However, judges may still decide that some cases may not be reported on, or that reporting should be postponed in certain circumstances.

The pilot will run for 12 months. Only public law cases, for example those involving local authorities, will be included in the pilot, but it will be extended to cover private law cases, such as custody disputes between separated parents.

The President of the Family Division, Sir Andrew McFarlane said: “The reporting pilot marks the start of the judiciary’s ongoing work to make transparency in the family court a reality.

“Openness and confidentiality are not irreconcilable, and each is achievable. The aim of the pilot is to understand the impact of open reporting and to enhance public confidence, whilst at the same time firmly protecting continued confidentiality.”