14.02.2024

Reporting pilot scheme extended to increase transparency and reduce Family Court waiting times

by Lucy Rodgers

The Transparency Reporting Pilot, which was launched in Family Courts in Cardiff, Carlisle and Leeds last year and allowed journalists and legal bloggers to report on cases, has been deemed a great success and is to be extended.

From 29th January 2024, a further 16 courts will now be included in the reporting scheme to boost public confidence and reduce waiting times.

Thanks to the scheme, almost half of our courts will now allow journalists and ‘legal bloggers’ to report on Family law cases. Although families and social workers will be anonymous in any media, local authorities and some experts can be named if a Transparency Order is granted.

When considering the pilot scheme President of the High Court’s Family Division, Sir Andrew McFarlane said: “It’s a huge step to increase transparency, and improve public confidence and understanding of the family justice system”.

Alongside the criminal justice system, Family Courts are also currently experiencing significant delays. It’s suggested delays are due to Covid, more separated parents coming to court, and the “very many” people representing themselves in court, taking more time than a legal expert. Where care cases should be settled within 26 weeks, the average duration is currently nearly a year.

But it’s hoped that the media can see the “vital and challenging work” that is done at Family Courts, and subsequent stories will encourage those who need it to get legal representation – leading to quicker settlements.

Reporting from Cardiff, Carlisle and Leeds has been very high quality, despite being anonymous. And it’s hoped this trend will continue at the additional 16 Courts, including Birmingham, the Central Family Court in London, Manchester, Liverpool and more.

On the Transparency Reporting Pilot, Lucy Rodgers a Partner in Taylor Emmet’s Family Law team, said: “Our team welcomes the news that there will be greater transparency in the Family Courts for journalists and legal bloggers to attend certain hearings.

“However, we want to emphasise the importance of maintaining anonymity to protect families who are very often vulnerable. So far cases have been reported sensibly to give the public an insight into the workings of the family court. But it would be a worry if such cases were sensationalised to attract readers.

“Like the criminal courts, family courts are under significant strain due to backlogs and years of underfunding. So anything which helps to bring attention to these issues can only help, provided it is done with sensitivity and respect.”

To help ease the backlog, the Ministry of Justice has also recently announced a series of steps to help separating families resolve their differences without going to court. Amongst other things, they’re encouraging couples seek initial legal advice and mediation.

Taylor Emmet’s ‘Resolution Together’ service allows couples to settle their separation collaboratively by using a single legal representative who can advise both parties. A separating couple can therefore reach an outcome that meets their and their children’s needs without going to a family court.

If you want to learn more about how we can support you through a divorce, civil partnership or other family issues, visit our family law section.

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