Media Access to Family Courts from 27 April 2009

As from Monday 27 April 2009 the family courts will be open to the media as part of a government bid to increase the publics' awareness of how English and Welsh family justice works and to confirm the public's faith in the system.

Until now, with a few exceptions, neither the public nor the media have been allowed into the family courts in order to protect families, particularly children from intrusion into their privacy.  The trend towards more transparency has come from people aggrieved with the court process, such as fathers who allege that Judges are biased against them or parents who say that their children have been removed from them on the basis of unreliable expert or other evidence.

The new rules apply to all directions and final hearings but the media is not entitled to be present at any hearing "conducted for the purpose of judicially assisted conciliation or negotiations".

The media will be able to attend family hearings, but will not be permitted to report on the specifics of what takes place without risking being in contempt of court. The reporting will have to be of a more generalised nature commenting on the proceedings involved and the principles by which decisions are made.

In the words of Mr Justice McFarlane: "The role of a Journalist is seen as merely becoming informed so that they may discuss how the system works in a more informed way, and to permit their readers to understand the gist of proceedings, rather than the details of an individual cases".

It is anticipated, that most run-of-the mill family cases will not attract media interest and that only high profile cases will attract attention. The experience in New Zealand, where the media has been allowed to report in family proceedings, has shown that the media have little interest except in high profile cases.

Judges will consider whether the media should be excluded in some cases and they also have powers to relax reporting restrictions in individual cases or limit what can be reported to protect the welfare of children and families. An application by a party can also be made to exclude the media.

Examples of cases where the media can be excluded:

• Cases involving unrepresented vulnerable adults or children.
  
  
• Where a witness may not be willing to give less than full and frank evidence or refuse to give evidence at all.
  
  
• Where publication might endanger a party or persons connected with the proceedings.
  
  
• Where the court proceedings may disclose information about a company that is about to float.
  
  

Monika Pirani
020 7079 2407
mpirani@bishopandsewell.co.uk 

If you are concerned about Media Access please do contact either Michael Gillman (020 70792408, mgillman@bishopandsewell.co.uk ) or Monika Pirani (020 7079 2407, mpirani@bishopandsewell.co.uk ) to discuss your concerns.