Access to Justice in the Family Court
Written by Rhianna Greenley|Family Law | 9th March 2023
For the first time ever, journalists will now be allowed to attend and report on cases in the Family Courts in a new pilot scheme covering specific cases in Leeds, Carlisle and Cardiff. The pilot scheme started on 30 January 2023 and only accredited journalists and legal bloggers will be allowed to attend and report on family cases.
It was always felt that family matters should be private to that specific family, and so any family Court hearings should be conducted behind closed doors, without prying eyes or anyone else overhearing. Up to now, the only family cases that journalists have been allowed to report on were Court of Appeal cases or the most general information about a family case. So, journalists were never allowed to report on specific details about a case in the Family Court.
As we have seen with all aspects of our lives, things are changing. For the first time ever, journalists will now be allowed to attend and report on cases in the Family Courts in a new pilot scheme covering specific cases in Leeds, Carlisle and Cardiff. The pilot scheme started on 30 January 2023 and only accredited journalists and legal bloggers will be allowed to attend and report on family cases.
The scheme will begin with reporting being allowed on Court applications and after a 6-8 week period, private law children cases can be reported on. It is important to say that the pilot scheme will ensure children’s anonymity is protected and therefore the guidance says the party names will not be displayed in the case list.
Mixed views
As a family lawyer, I have mixed views on the pilot scheme.
I think it is important, for transparency and open justice, that the wider public have an insight into how the Family Court operates. It is, unfortunately, not as exciting as you would see on a weeknight TV drama. No one will shout “I object” and the judge does not bang on the table to shout, “order in the Court”. But I think it will help the public (and people going through a similar situation) understand the process, along with understanding the time and dedication the Court, lawyers and parents have, to resolve their personal family matter for the best interests of the children involved. If parents are only left to gain their understanding of the process from reading media articles or social media posts, this could lead to misinformation.
It might also help aspiring lawyers understand more about the process if they are able to read reports about the goings-on inside the normally private Court room.
Concerns about what’s happening
What concerns me is the thought of a journalist sitting in the Court room, reporting on a private family matter, could put people off from applying to the Court to resolve it in the first place. Very delicate and intimate details of a parent and child’s life are discussed within a Court hearing, and already, many people struggle with this under the private system. It would be natural to assume that a lot of people might not want that to be overheard or reported on for the whole world to hear. At the very least, they may well not give full details as a result of shame or embarrassment.
It is important to say that anyone who might be involved in one of the pilot schemes has the opportunity to raise any concern they might have on possible reporting to their lawyer and/or the judge. It is equally as important to raise that no one should ever be pressurised or coerced into telling their story to a reporter if they do not want to.
The future
It will be interesting to see how the pilot scheme goes. My thoughts are mixed. If there is any further update or discussion about it being enrolled to the wider Court system, we will let you know, hopefully I will be able to give further information about the pros and cons of the current pilot.
Speak to a friendly family solicitor
If you wish to speak to one of our team about the new divorce reform and how the changes might affect you, please do not hesitate to contact us.
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