Law Spot - Doors Open to Family Courts

From April 27, journalists have been allowed into family proceedings in the Magistrates, County and High Courts.   They will not be allowed to identify the names of the parties or any children involved in the proceedings and the Courts will retain the right to exclude journalists from specific proceedings in the interests of children or the safety of parties or witnesses.

It would be fair to say that the main impetus behind the change stemmed from anxieties that Children Act proceedings, most notably care proceedings, whilst undertaken in closed courts, did not allow transparency as to the process followed by the Court. To that extent, the Judiciary has not opposed moving towards a system which allows greater insight into the difficulties presented by such cases and the way in which decisions are reached in the interests of the children involved. The Judiciary has though, understandably been concerned that journalists should not be allowed to report all the details of the individual cases in an attempt to expose private information about individuals or worse, undermine the overarching principle of keeping the welfare of children as paramount.

Simply because the media may now attend hearings does not mean that they may see documents that would otherwise be confidential or reveal the identities of the parties. Journalists who report all the details of a hearing risk being in contempt of Court.   Although the mechanics for formal supervision of reporting prior to publication appear somewhat unclear, journalists may do well to remember that reporting should be of a generalised nature and seek to comment on “the processes involved and the principals by which decisions are made” to quote the Lord Chancellor.

Some comfort should be taken by those involved in divorce proceedings. Journalists are not entitled to attend hearings “conducted for the purpose of judicially assisted conciliation or negotiation” This includes all first appointments and FDR (Financial Dispute Resolution) appointments held within divorce proceedings dealing with financial matters. Given that the vast majority of couples resolve financial matters without having to attend a final hearing (if indeed they go to court at all), the new rules on press freedom will have a negligible effect. Given that the media have been allowed to Court of Appeal cases and House of Lords cases for some time, the extent to which doors have been further opened in respect of divorce hearings is limited. 

Given the original impetus for change, the increased freedom of the media seems proportionate. It is hoped that a greater understanding of the process of care and other Children Act proceedings will prevent aggrieved parties from simply reporting their side of the story whilst perhaps allowing miscarriages of justice to be identified sooner. 

• Kate Brooks is a solicitor in the Family Law team at Needham & James Solicitors. If you would like further information on any matter relating to separation, divorce, partnership issues or child welfare, contact Kate on 0845 620 9506 or email KateBrooks@needhamandjames.com.

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