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Family courts’ legal maze laid bare

Help is at hand for journalists seeking to report what goes on in the family courts.

Two specialist media law barristers have compiled a guide to the complex mesh of laws and reporting restrictions that apply in this area.

It has been published in conjunction with the Society of Editors, the Judicial College and the President of the Family Division.

The 36-page guidance – as concise as something this byzantine can be – summarises the statutory rules, case law and human rights that have to be navigated.

It outlines the extent of restrictions such as S.12 of the Administration of Justice Act 1960, S.97 of the Children Act 1989, and S.1 of the Judicial Proceedings (Restriction on Reports) Act 1926, and highlights the relevant parts of the Family Procedure Rules 2010 and the Court of Protection Rules 2007.

Situations in which judges may relax reporting restrictions are explained, and the differences between hearings held ‘in private’ and ‘in chambers’ outlined.

The controversial restrictions in the Children, Schools and Families Act 2010 are not covered, because they are yet to be brought into force.  But even with those omitted, the inevitable impression is that if such lengthy guidance is required, the reporting of family cases is regrettably very far from simple.

Whilst the guide – ‘The Family Courts: Media Access & Reporting, July 2011′ drafted by Adam Wolanski and Kate Wilson – is written in clear and simple terms, it reveals a reporting regime that is complex and restrictive, riddled with uncertainty and unresolved legal issues. 

Hardly ideal for ensuring the public have confidence in the administration of justice in the family courts system.

For the full guide, see: http://www.judiciary.gov.uk/publications-and-reports/guidance/family-courts-media-access-reporting