Sir Andrew McFarlane, President of the Family Division, announced this project a year ago (LINK). In 2024 we are to see its fulfilment following trials in Leeds, Cardiff and Carlisle for judge-based hearings which were extended in November to cases being heard by magistrates. Evidence for the proposal was published by SCRUTINY on behalf of the Government with guidelines and explanations of how confidentiality will be maintained (LINK).
How this initiative will develop is yet to be seen but the proposals allow for registered court reporters and legal bloggers to attend with the permission of the judge or magistrate presiding. It is unlikely that local courts will be flooded with observers. Much of the interest will be in high profile High Court cases but it is a small step towards transparency which we welcome. The current arrangements will only apply to public law cases.
We are concerned, however, that the only people who apply for the right to report will be those with an anti-shared parenting agenda. The answer, in our view, is that all family proceedings are public and can be reported on. With the same provisions as apply in criminal proceedings. And that there are the same strict, enforced and effective provisions that prevent the identification of children.
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