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Family Pilot Scheme aimed at improving transparency

March 28, 2023

On 30th January 2023, a new pilot scheme was launched in Cardiff, Carlisle and Leeds family courts. The scheme is set to last 12 months, concluding on 30th January 2024 and applies only to children cases. The scheme follows a 2021 report written by Sir Andrew McFarlane which followed an extensive review, focused on improving public confidence in the Family Justice system, with a need for greater openness, accountability and public confidence, whilst, at the same time, ensuring that the anonymity of families is maintained, and their privacy respected.

Position Pre-Pilot Scheme

The courts have the power to make life changing decisions about children such as placing them in care or deciding who they should live with when there is a parental dispute or allegation of abuse. Ordinarily, family cases concerning children are held in private. Section 12 of the Administration of Justice Act 1960 provides that where proceedings are brought under the Children Act 1989, reporting of the information relating to the case will be contempt of order.

Previously, journalists could only publish details of what they see if the judge agreed to vary the automatic reporting restrictions to safeguard the privacy of children.

Changes under the Pilot Scheme

Under the new pilot scheme, journalists will have the freedom to report on what goes on within the family court, provided that they protect anonymity of the families involved and children. Reporters will be able to attend hearings and report on what they see and hear during the family court cases.

In the designated Family Courts, the pilot scheme will allow accredited journalists and legal bloggers to report on what they see and hear, known as the ‘transparency principle’. Journalists will be issued with a transparency order and provided with key court documents. The designated reporters will be allowed to name local authorities in care proceedings, Director of local Children’s Services, legal representatives involved in the case and the experts appointed by the Family Court. However, the names of social workers, medical professionals treating the children of relevance and family members are prohibited from being mentioned.

Importantly, whilst a Transparency Order will permit parties to discuss proceedings with a qualifying reporter, it does not allow them to directly publish information themselves relating to their case. Therefore, families involved in cases which are part of the pilot scheme remain subject to strict confidentiality rules.

Another significant change is that lay parties will be permitted to talk to journalists and give interviews anonymously. Under current law they could be found in contempt of court for doing so. This is not currently allowed under law.

Notwithstanding these changes, a judge will still be able to prohibit reporting or vary the standard order if the circumstances require it. If you would like to discuss your matter please call 0121 705 7571 and speak to a member of our Family Team.

Amun Sunner
Paralegal – Family & Litigation Departments

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