Melissa Vaughan is a member of Oriel Chambers Family Team.
Here Melissa provides an outline on what the transparency reporting pilot is and why is it taking place in our local courts.
If you would like any further assistance in any of the topics arising from this article, please do not hesitate to contact our clerks at clerks@orielchambers.co.uk
The transparency pilot has been in place in our local courts for around one month now.
On Monday 29 January 2024 we saw the Transparency Implementation Group Reporting Pilot extend to a further 16 courts nationwide, including our local courts, Liverpool and Manchester. Originally the reporting pilot only included courts in Leeds, Carlisle and Cardiff. Currently, the extension of the reporting pilot will include only public law proceedings but, in the future, it will eventually include private law proceeding too.
There has been a movement within the family courts to increase transparency and improve public confidence in the family justice system. Sir Andrew McFarlane confirmed that the initial trial of the reporting pilot had been a ‘pioneering year of reporting’ and hoped that by extending the pilot further it would allow others to understand the impact that the family courts has and the vital and challenging work that is undertaken there. The continued expansion of the pilot allows for the public to have an opportunity to see and understand the decisions that are made regarding a child’s welfare.
The reporting pilot comes, following a recommendation from the President of the Family Division’s Transparency Review in October 2021. Here the president said:
“My overall conclusion is that the time has come for accredited media representatives and legal bloggers to be able, not only to attend and observe family court hearings, but also to report publicly on what they see and hear. Reporting must be subject to very clear rules to maintain both the anonymity of the children and family members who are before the court, and confidentiality with respect of intimate details of their private lives. Openness and confidentiality are not irreconcilable, and each is achievable. The aim is to enhance public confidence significantly, whilst at the same time firmly protecting continued confidentiality.”
The aim of the Reporting Pilot is to ensure that all reporting can be completed safely and with minimum disruption to the people involved.
The Reporting Pilot is clear that the default position is that accredited media and legal bloggers may attend and report upon family law proceedings subject to strict rules of anonymity. The Judge shall consider a ‘Transparency Order’ which sets out the rules and what information can and cannot be reported. There is a standard form of Transparency Order, but the Court may modify the standard orders, dependent on the facts of each individual case. The Transparency Order seeks to prevent any publication of details that identifies or may identify, the child(ren) or parties in the case.
The standard Transparency Order will provide that the following must not be reported to the public, without the express permission of the Court:
- The name of date of birth of any subject child in the case.
- The name of any parent or family member who is a party or who is mentioned in the case, or whose name may lead to the child(ren) being identified.
- The name of any person who is a party to, or intervening in, the proceedings.
- The address of any child or family member.
- The name or address of any foster carer.
- The school/ hospital/ placement name or address, or any identifying features of a school of the child.
- Photographs or images of the child, their parents, carer, or any other identifying person, or any of the locations specified above in conjunction with other information relating to the proceedings. This includes photographs of the parents or other parties leaving the Court building.
- The names of any medical professional who is or has been treating any of the children or family member.
- In cases involving alleged sexual abuse, the details of such alleged abuse.
- Any other information likely to identify the child as a subject child or former subject child.
By virtue of FPR 27.11(3) the court does have discretion to exclude reporters from a hearing, or part of a hearing. The specific reasons for refusal would then have to be recorded in any case management order. The default position, however, is that accredited media and legal bloggers can/may attend and report on family law proceedings subject to the strict rules of anonymity.
