Why is it Important to Keep Pushing For Transparency?
Following a move in the family courts earlier this year that saw a push for transparency in the family court process, the transparency pilot has now been extended to include public and private law cases before magistrates. We examine how this will further improve the transparency and effectiveness of the process from the perspective of family law practitioners.
What is the Family Court Reporting Pilot and why is it necessary?
As we have discussed previously, there has been a significant shift towards improving the public perception of the family law process, namely in ensuring that the treatment of those involved is not unfair or biased, and to dissuade those who believe the process is in some way flawed. Family law is a particularly sensitive area of the law, as practitioners will be aware, and so can often draw some criticism in the inherently sensitive, and subsequently restricted, manner in which it is practiced. Criticisms often include the notion that it operates in the shadows, allowing it to avoid public scrutiny and leading to a misunderstanding of how it operates and how judges choose to apply the law.
It is important, therefore, that within this pilot a balance could be drawn between retaining the discretion and restrictions necessary for the protection of those involved in the process, and ensuring that the public could be made aware of how it operates and learn to essentially trust the family court as an institution. As outlined by Louise Tickle, the coordinator of the Family Court Reporting Week, ‘Ten years of attending family hearings has shown me it is vital for journalists to report on the decision-making of social workers, children’s guardians, court appointed experts and judges…When draconian powers are exercised out of public view, an independent media presence can be the only check and balance available to families whose lives are indelibly altered by their experience of these courts.’
As of earlier this month, the pilot (which began and has been in place in the Central Family Court, Birmingham and Leeds since the end of January) has been extended to magistrates in all of the current pilot areas. The pilot essentially works to allow journalists into the courts and gave them the ability to report on children cases in the family court, subject to strict anonymity rules, and has been continually extended as it has picked up steam. For more information on the specific guidelines, see our article on the initial outlines of the pilot.
Why is it important that we be transparent?
Following Family Court Reporting Week, it is important to reflect on how family law practitioners can encourage further reporting. The week allowed interesting discussion from family court judges working in the pilot areas on how the developments have impacted family law. We believe that transparency is absolutely key for the work we do running effectively, as it allows us to have a dialogue with clients and for them to understand exactly what and why we make a decision in their case. Often, it can take a lot of vulnerability and trust to put the outcome of your families’ lives into the hands of another, so we appreciate any development that strengthens that trust and encourages open communication. At Brighton & Hove Law, we will always aim to get the absolute best possible outcome for our clients, which can often mean making some difficult decisions on how we should proceed. We think it is a brilliant step in the right direction if clients are able to understand these decisions, and feel like they are getting the best service possible.
Please get in touch with us about any questions or concerns you may have, as we are always willing to clarify anything that may seem complex and want to ensure our clients are always kept in the loop.
