Secrecy to end in family courts?

In a landmark reform, family law judgments including custody, care orders, the rehoming of children and Court of Protection judgments are to be published unless there are “compelling reasons” not to do so.

The sweeping change is proposed by Sir James Munby, the President of the Family Division, who has issued draft guidance that would allow thousands more written judgments to be published. The identities of children would remain protected.

Sir James proposes that the “starting point” for family and Court of Protection cases be that judgments will be published unless there are “compelling reasons” not to. Where a judge authorises publication, public authorities and expert witnesses should be named unless there are “compelling reasons” not to, and anonymity should not extend beyond protecting the privacy of the families involved unless there are “good reasons” to do so.

It is currently a contempt of court to publish a judgment in a family court case involving children or a Court of Protection judgment unless the judgment has been delivered in public or the judge has authorised publication.

Writing in his latest newsletter on Family Justice Modernisation, Sir James says: “I am determined that the new Family Court should not be saddled, as the family courts are at present, with the charge that we are a system of secret and unaccountable justice.

“The law is highly technical and far too complex. The need for reform has been recognised for at least 20 years. Too little has been done.”
Joanne Clarke, solicitor at Lester Aldridge, said: “This is a huge step forward for family law.

“Any change which brings about greater public awareness in the court process and belief in the court system is welcomed.”

Sir James said the draft guidance will be followed by further Guidance and then more formal Practice Directions and changes to the Rules (the Court of Protection Rules 2007 and the Family Procedure Rules 2010). Changes to primary legislation are unlikely in the near future.

Comments on the draft guidance should be sent to Sir James’ private secretary Alex Clark at Alex.Clark@judiciary.gsi.gov.uk by early October 2013.