This scheme was launched in January in family courts in Leeds, Carlisle and Cardiff, with an objective to increase public confidence in the family court process.
It is acknowledged that it is difficult to strike a balance between preserving privacy for children and families involved in these sensitive cases and having more transparency in the family court process. Sir Andrew MacFarlane, President of the Family Division in England and Wales carried out a review in this area following his appointment. He concluded that “the twin principles of transparency and confidentiality are not mutually exclusive and that it is possible to achieve both goals.”
Journalists will be issued with what is being called a “transparency order.” They will then be allowed to obtain certain court documents and report on these cases. The parties involved can also agree to be interviewed by the reporting journalists. There are however strict rules to follow with this scheme; anonymity of the children and families must of course be protected. Further, judges will be able to refuse media reporting in specific circumstances. If successful, this scheme will be introduced into every family court in England and Wales.
In Scotland, the statutory framework surrounding children is contained in the Children (Scotland) Act 1995. A degree of discretion is afforded to judges when considering these cases. However, the court must regard the child’s welfare as the paramount consideration and all decisions are made in the child’s best interests. Cases concerning children are currently conducted in private in Scotland, with usually only the Sheriff, Court officials, the parties, and their lawyers present.
There has been mixed response from judges and lawyers to the pilot scheme in England and Wales; some welcome this innovative change, whilst others remain wary of this culture shift. These cases are highly emotive for the families and sensitive in nature. The prospect of allowing the media to report on them is therefore met with some trepidation in Scotland. However, it is recognised that more openness in the system will increase public confidence, and overall, the possibility of reporting is viewed positively.
There is legitimate public interest in the family legal system and decisions in child related cases can often be life changing for families. Given the importance of these cases it is crucial to seek advice at the earliest opportunity. If you need advice on a child law issue, please contact our specialist family law team and we would be happy to help.
