Journalists could be given greater access to the family courts, president of the Family Division Sir Andrew McFarlane has confirmed.
Sir Andrew published draft guidance last week to make it easier practically for journalists to challenge reporting restrictions in family courts. He also announced a review of transparency on reporting within the family courts.
The draft guidance is open for consultation until 30 June. It follows the February Court of Appeal care proceedings case, Re R (A child) [2019] EWCA 482 Civ, which journalists were refused permission to report. A freelance journalist successfully appealed―the Court of Appeal agreeing the judge had failed to carry out the necessary balancing exercise.
Currently, journalists can attend family court hearings but not report the substance of the cases they observe. However, the courts can authorise full reporting of important cases, with appropriate safeguards met on identification.
The transparency review will consider whether the current degree of openness should be extended. Sir Andrew will invite ‘two or three respected individuals, not known as having a firm view on the issue’, to assist him as fellow assessors. The review will be conducted in the next nine months, with a report and recommendations scheduled for completion by May 2020.
In his monthly ‘View from the President's Chambers’ blog on the Judiciary.UK website, Sir Andrew said: ‘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.
‘It is now some time since the issue was looked at on a root-and-branch basis.’
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