Media and the family courts
Posted on: Monday June 22, 2009By Martin Ridings, Partner in the Family Law Department 
As you may have heard new rules came into effect on 27 April 2009 allowing the media access to certain family hearings. The law has now had some time to bed in so now seems like an appropriate time to review the changes, their impact on what the future holds.
In line with other family solicitors I appear in Court on a regular basis and so far, the press have been conspicuous by their absence. Perhaps this should come as no surprise. The media were scathing in their criticism of the changes. The Daily Mail argued that the family courts will remain secret despite government promises to open them up to further scrutiny 1. I have seen no evidence of more extensive reporting than was previously the case, but I suspect this is because the purpose behind the changes was to promote a general openness rather than to allow the reporting of the details of specific cases.
The press want to sell newspapers and the public have an appetite for sensational stories. The incredible amount of interest in Paul McCartney and Heather Mills McCartney’s divorced bears testament to this. Crucially, details of what happened in the Court room went largely unreported because the press were not allowed access, leaving them to speculate over the settlement terms. What would the position have been if media access had been allowed? Well, I suspect it would not have been much different under the current rules.
The rules are designed to allow the media to report in general terms about what happens in Court in an effort to promote greater public understanding of the system. Reporting the specifics of a given case is strictly prohibited and could amount to Contempt of Court. Naming children is also forbidden. It is easy to understand why the press and other areas of the media find this unsatisfactory. Sir Mark Potter, President of the Family Division of the High Court, himself commented that the rules do not go far enough.
So where do the new rules leave us? Possibly more confused than we were before. The blanket ban on reporting family cases may have been lifted, but judges retain the power to impose reporting restrictions in individual cases. It has been hinted that the new rules mark the start of a process to open up the family courts and that greater openness may arrive in due course, if the government find enough time to put the necessary legislation before Parliament.
Two major questions remain. Firstly, where does this leave the parents and children involved in family disputes brought before the Courts? Most of my clients would be horrified to find a member of the press present in Court when they are trying to resolve difficult and emotional issues relating to their children or a marital breakdown.
Secondly, are the press the most appropriate organisation to police the workings of the family courts or could it be argued that their reporting of cases in the past has helped to foster the very suspicion and mistrust that the government are now seeking to tackle?
It will be interesting to see how things develop. Hopefully it will be possible to strike the right balance between the legitimate public interest in the operation of the civil justice system and the need for families to resolve their differences without the fear of their private lives being splashed across the papers.
What do you think? Let us know below…
Comments
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I think this would be scandalous, to allow voyeuristic strangers into court hearings would be nothing but disrespectful. Most people enjoy peering into other people’s private matters, but I’m sure they would find it different if the tables were turned and it was them in that situation reading everything about it in the papers, TV, etc.
To pass this legislation would be insanity, nothing but a leap forward towards a national ‘Big Brother’.
Posted by Andrew Webber on 22/06/09
Thank you for your comments. It is clear that this is a debate which causes a great deal of anxiety. Radio Four’s Today programme has just run a couple of reports on the family courts, on 24 and 25 June 2009. You can catch them via the BBC iPlayer. The first report was just after 7.30 am, so a little more than 90 minutes into the programme. I am not certain what time the 2nd report went out. Programmes should be available for 7 days following transmission.
Posted by Martin Ridings on 25/06/09