Help & Advice by Paul Dodds Law
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The president of the Family Division, Sir Andrew McFarlane, has begun a ‘Transparency Review’ into reporting within the family courts. Begun in May 2019, he is now inviting people to submit evidence, advice or any other relevant material with a view to striking a balance between protecting privacy and promoting openness within the family courts. The Review will consider the current arrangements for reporting on family proceedings and access to journalists.

The call for evidence allows 4 weeks for submissions, ending in early March. The panel are particularly interested in hearing submissions on whether the line is correctly drawn between the need for confidentiality for those involved in proceedings, and the need for the public to have confidence in the work the courts undertake on behalf of the state and wider society.

Family court proceedings are generally held in private, however a recent High Court judgment has reignited debate and sparked further calls for greater transparency within family courts.

The High Court recently condemned HHJ Tolson for employing ‘obsolescent concepts’ on sexual consent, following a fact-finding trial in proceedings for child arrangement orders. The High Court said that HHJ Tolson’s verdict was ‘so flawed as to require a retrial’.

The Judgment sparked calls, not only for immediate action regarding the Judgment itself, but for further questions to be asked about transparency within the courts.

Former President of the Family Division, Sir James Munby has long spoken of the need for greater transparency within the family courts.

Munby said, commenting on the Tolson case, ‘‘No doubt some will say that this particular judgment is not typical, that it is an “outlier”. Others, no doubt, will say that it is no more than the very small tip of the proverbial iceberg. Without research we simply do not know.’

Sources: lawgazette.co.uk, 17 February 2020, ‘News Focus: Family justice seen to be done’. Familylaw.co.uk, 4 February 2020, ‘Family Division seeks evidence for Transparency Review’.