A landmark shift in the family courts of England and Wales began this week with the expansion of a groundbreaking "transparency pilot." This initiative, now encompassing nearly half of the family courts, allows accredited journalists to report on proceedings. Starting Monday, these journalists gained the unprecedented ability to speak with families about their cases, observe court proceedings, and quote from key documents, all while ensuring the anonymity of the families involved.
The transparency pilot, introduced to increase openness within the family courts, marks a significant departure from past restrictions. Journalists have had access to family court hearings since 2009 but were previously barred from reporting on them. This change is hailed as a "watershed" moment by Sir Andrew McFarlane, the most senior judge in the Family Court. The campaign for transparency, led by the BBC and other media organizations, underscores a growing demand for accountability and openness in judicial processes.
"If something isn't working well, then it should be called out."
- Sir Andrew McFarlane
Despite the new freedoms granted to journalists, certain restrictions remain in place. Families' identities must remain confidential, and some judges have expressed reservations about the potential impact of increased transparency. In 2023, a senior family judge in Manchester blocked journalists from reporting on a particular case. Similarly, Mr Justice Williams in the High Court restricted the publication of Family Court judges' names in the Sara Sharif case. However, the Court of Appeal overruled this decision, asserting that judges should be identified, irrespective of whether they sit in private or public.
Judge Haigh voiced his concerns about the changes, emphasizing the personal nature of family court judgments.
"I have always felt these cases are deeply private and my judgments are there really for the parents, to help them."
"They are not for public consumption or to allow press and journalists to further their journalistic ambitions."
"I understand and respect people would be resistant."
- Judge Haigh
The shift towards transparency follows significant media attention on various family court cases. The BBC played a pivotal role by highlighting stories like that of Bethan in Cardiff Family Court. Bethan, a young mother, spent £30,000 to protect her daughter from her former partner's parental rights due to serious paedophile offences. This case spurred a campaign by then-MP Harriet Harman to amend laws on parental access. The new rules ensure that parents in similar situations will no longer need to undergo legal battles to safeguard their children.
Dawn Alford, executive director of the Society of Editors, supports the pilot project, recognizing its value for regional and local audiences.
"It was 'really vital coverage,' she said, 'that is hugely important to the lives of so many' which could help communities 'recognise the role of mainstream media'."
- Dawn Alford
While the new regulations aim to enhance transparency, some individuals remain concerned about potential privacy breaches. Alexandra Hirst expressed apprehension that even without publishing names, enough information might be available to identify individuals involved in sensitive cases.
"Regardless of whether publishing names is not permitted, there is a real concern that there will be enough information available to work this out."
- Alexandra Hirst
