Family Law News

Family Courts to be Subjected to Media Scrutiny after 28th April 2009 - Tom Fazackerley

In 2007 the Family Courts in England and Wales heard over 200,000 cases including divorce, financial settlements, contact, residence and care proceedings. Before 28th April 2009 the press were barred from attending all family cases.

After 28th April 2009 the media will be able to attend family cases listed before the courts following calls from Jack Straw, Home Secretary, for "a change in the culture and practice of all courts towards greater openness".

Journalists and the media will now be able to attend family cases provided they have the express permission beforehand from the Judge and that existing law such as the Children Law Act, which seeks to protect the anonymity of children, allow it. They are not able to attend adoption hearings.

This follows criticism that decades of decisions have taken place behind closed doors. Following the highly publicised case of Baby P there have been greater calls for transparency and openness within the judiciary to tackle suspicions of bias, injustice and the veil of secrecy within the decision making process . This has arisen as a result of sustained pressure from families affected by the courts' decisions, the media and pressure groups such as Fathers-4-Justice.

It is hoped that such steps will improve accountability among the Local Authorities and professionals involved, such as medical experts and social workers, and avoid further tragedies as highlighted in the Baby P case.

The move will also affect the large number of divorce and financial settlement cases which appear before the courts. It is hoped it will prompt an increase in the number of out of court settlements as families seek to avoid the unwanted attention of the media.

Whilst the media are now able to attend the family cases they are not able to do so without the express consent of the Judge presiding over the matter.

There are limitations on the media's ability to report on family matters. They are not allowed to mention the names, places or details which could potentially identify children as the Court is bound by legislation to protect them. Furthermore they do not have an automatic right to evidence of documents used in Court Proceedings and therefore their ability to report on such matters will be severely restricted.

Whilst the reforms have been dubbed by many as ‘radical' ultimately such changes are merely a step towards ensuring transparency within the courts. The clear message from the Judiciary at present is that the media will not be welcomed with open arms and they will continue to protect the parties involved within them.

The Family Department at Lees Solicitors are able to advise on all aspects of family law. If you require any assistance please contact the Family Department on 01244 409 970.

Tom Fazackerley

This article provides a summary of a recent case/change in law/news item. It is intended for general information purposes only and is not to be relied upon. It does not constitute legal advice and should not be treated under any circumstances as a substitute for legal advice. Lees Solicitors LLP does not accept any responsibility for any loss that may arise from reliance upon the information contained within this article. The copyright in this article is owned by Lees Solicitors LLP and permission must be sought before reproduction or publishing.

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