Report From Family Courts
Report From Family Courts
Press Now Allowed To Report From Family Courts
What has been described by many senior Judges as “a watershed” moment, as from Monday 27th January, accredited journalists can now report from Family Courts.
Whilst it has been the case that journalists have been allowed to attend Courts since 2009, up until today, they have had no right to report on the outcomes of Family Law cases.
The change follows a two-year Transparency Pilot which began in two Court Centres and now covers almost 50% of Family Courts in England and Wales. Within the pilot scheme the BBC has been able to report on multiple cases, including one in Cardiff Family Court, where a young mother had to spend £30,000 to protect her young daughter.
Traditionally, Family Court hearings have always been heard in private with restrictions on reporting being upheld due to the sensitivity of the issues being decided up and down the country and a daily basis.
Whilst some proponents have welcomed today’s lifting of journalistic restrictions, there continues to be others within the profession that have sought to resist the changes.
Judge Haigh made comments about the new approach saying that he was not supportive of the transparency project. He went further “I have always felt these cases are deeply private and my judgments are there really for the parents, to help them” he said. “They are not for public consumption, or to allow for press and journalists to further their journalistic ambitions …”
In the High Court last year, Mr Justice Williams blocked publication of the names of Family Court Judges in the Sara Sharif case, although he did ultimately release documents from the case to the press. This was subsequently overruled by the Court of Appeal, who said that Judges should be identified, whether sitting in private, as they do in Family cases, or in public.
Equally, some lawyers have also raised concerns about the new rules and how they could have “unintended consequences”.
Celebrities, high net worth individuals, or others that are in the public limelight, may be reluctant to give details of their private lives in Court, knowing that reporters would be listening to highly personal and sensitive information about them, their lives, their financial affairs and assets, or ultimately, their behaviour, without that individual having any editorial influence.
Sir Andrew McFarlane commented that he understood that there would be an element of resistance to the new approach “I understand and respect people will be resistant” he said. “Change is Change”. Sir Andrew is a strong advocate to the new approach and cited the case of “Baby Elsa and her Siblings”, in which it was highlighted back in June last year, that Baby Elsa was the third child of the same parents to be abandoned over seven years.
It remains to be seen what appetite journalists have to attend Family Courts and equally to report on the cases within and whether, in fact, there is appetite to do so, long term. Cynically, journalists will be looking for the big-ticket cases or cases they deem to be newsworthy. (Answers on a postcard with the definition of “newsworthy”).
Matt Clemence, Head of Family Law at Kerseys Solicitors remains firmly on the fence. “A lot will depend on the sensitivity of reporting and whether journalists will be able to avoid using highly emotive language or sensationalising the facts of case as much as ensuring that they simply report the bare facts of a case accurately, sympathetically and without clambering for that soundbite or a bumper sticker slogan” he said. “as well understanding that any reporting of a private Family Law matter has far reaching consequences for everyone involved and could lead to residual fallout from the wider communities in which these people live and work….time will tell and no doubt this will be a topic we revisit in the months and years ahead”. He added.
If you have a family law related issue that you would like to discuss, please do not hesitate to get in touch. All five of our family lawyers in the team are fully qualified and have years of experience to enable them to provide you with a tailored action plan to fit the circumstances of your case. Contact our team at
Kerseys Solicitors in Ipswich at [email protected] or telephone 01473 213311 or Kerseys Solicitors in Felixstowe at [email protected] on 01394 834557 or Kerseys Solicitors in Woodbridge at [email protected] on 01394 813732 or Kerseys Solicitors in Colchester at [email protected] on 01206 584584.
