Re: Spring 2014 | Page 92

Family courtspublic Following guidance being handed down by the head of the Family Division more decisions made by judges in the family court will be made available to the public and media on the basis that it will increase transparency and improve the public’s understanding of the legal process and confidence in the court system. Family court judges have been able to choose to publish anonymised judgments, but have tended to only where they establish new legal principles, rather than the run of the mill cases the courts hear every day. Generally speaking the starting point will now be that judgments in most cases will be published, unless there are compelling reasons not to do so. In deciding whether to grant permission to publish a judge will have to consider all the circumstances of the case, Human Rights and the effect upon any current or potential criminal proceedings. The guidance states that in all cases where permission is given, public authorities and expert witnesses should be named unless there are ‘compelling reasons’ not to, but that children who are the subject of family proceedings and other members of their family, should generally not be named. The head of the Family Division has stated that further guidance and more formal practice directions will be issued in ‘due course’. The media are often criticised about inaccurately reporting family cases, but it is not entirely the fault of the media if it is denied access to court judgments on the case. It is to be hoped that one-sided and sometimes incorrect media reports of alleged miscarriages of justice in the family courts will become a thing of the past if everyone can see for themselves the painful processes involved in decision making in family cases and 90 how the often intricately difficult judicial decisions in the family courts are reached. The guidance relating to the publication of court judgments follows rules that opened up the family courts to the media. A ‘duly accredited representative of news gathering and reporting organisation’ can attend private family court cases (the accreditation is achieved by membership of the UK Press Card Authority), the rules also permit ‘any other person’ (which can therefore include a non-accredited member of the media) to be present. The media representative can however be excluded where it is necessary in the interests of the child concerned in or connected with the proceedings, for the safety or protection of a party, a witness, or person connected with such a party or witness, for the orderly conduct of the proceedings, or where justice will otherwise be impeded or prejudiced. Any member of the media must be given an opportunity to make representations before the decision is made and brief reasons should be given summarily for the court’s decision. The rules do not allow the media to be present for all types of family hearing. Those hearings from which the media are excluded include hearings at which judicially assisted conciliation or negotiation takes place. Whilst the media will be reporting on how welcomed measures are to open up the family courts it is important that we closely monitor the extent to which the presence of the media and the