Media access and transparency

The family courts were opened to the media with effect from 27 April 2009. The President of the Family Division has issued guidance on media access and transparency in the Family Court and in the Financial Remedies Court. Amendments have been made to the Family Procedure Rules 2010 (FPR 2010) and the associated Practice Directions. Open reporting provisions apply in all family courts in England and Wales from January 2025.

Introduction to transparency in the family courts

Transparency in the family courts has been subject to a wide-ranging review following a consultation and report issued by the President of the Family Division, Sir Andrew McFarlane. A Transparency Implementation Group (TIG) was created and three transparency orders have been published for use by the courts.

There are two transparency pilots:

  1. transparency reporting pilot in the Financial Remedies Court (FRC) (includes financial remedies on divorce, applications under Schedule 1 to the Children Act 1989 (ChA 1989) and applications for financial provision after overseas divorce), and

  2. transparency reporting pilot in the Family Court (excludes financial remedy cases)

On 29 October 2021, the President published

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Cafcass guidance on conflicting assessments in public law cases

The Children and Family Court Advisory and Support Service (Cafcass) has published new guidance for local authorities and Cafcass for cases where the views of the children’s guardian (and therefore their independent advice to the court) and the assessment of a local authority social worker and/or the independent reviewing officer fundamentally differ on the final care plan or interim arrangements for a child. The guidance applies to all children in care and supervision order applications under section 31 of the Children Act 1989 and deprivation of liberty applications. The guidance sets out the process that should be followed at any point during proceedings where a divergence arises and should be completed before final recommendations are submitted to court. The guidance requires that a pre-final hearing meeting be convened to identify and document the points of difference for the court. It includes suggestions for structuring the pre-final hearing meeting, a template agenda and a template for sharing the agreed rationale with the court. The guidance is not intended to be used to agree a joint position, rather to make sure that recommendations to court include a clear explanation about why the children’s guardian, the local authority social worker and/or the independent reviewing officer have reached fundamentally different positions. The explanation must set out what the points of difference are so that the judge in the case can better understand these. It remains for the court to decide what is safe and in the best interests of the child.

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