Opening up the Family Courts

The Family Courts in England and Wales have traditionally operated, when dealing with divorce or child welfare issues, in an environment where members of the public or press are not admitted.

New rules covering family proceedings, including those relating to divorce, financial provision and children, came into effect on 27th April 2009 and for the first time allow members of the press who are UK Press Card holders to attend certain Family Court hearings. General public access will still be prohibited.

Reporting restrictions, designed to protect sensitive information, will continue but the changes will in future allow the press to report generally on proceedings to the outside world.

If there are concerns about the presence in court of representatives of the press, an application may be made to have them excluded. The Judge will have regard, when deciding whether or not to exclude, to the sensitivity of any information which is likely to be disclosed.

The government’s decision to open the Family Courts to the media no doubt reflected growing public concerns about how proceedings were conducted, principally those dealing with children and social services.

In other jurisdictions, where members of the press have been able to attend hearings of this kind for some time, their routine attendance is unusual. However, it is likely that they will take advantage of their new freedom in England and Wales where a person involved in proceedings is high-profile, or where a matter of public importance is to be considered.