Transparency in the Family Courts
The report reviewing transparency in the family court system has been published, examining whether there should be enhanced openness in the conduct of Family proceedings.
The President of the Family Division stated the pace of change, moving towards greater transparency, had been ‘glacial.’
Sir Andrew McFarlane (the President of the Family Division) clarified the problems encountered, including the ‘tension’ that exists between opposing needs to enhance public confidence in the Family Court whilst also maintain confidentiality. The Family Court is particularly vulnerable, often handling cases involving children, needing to safeguard privacy of those rely on family courts for protection or for the resolution of intimate family disputes. Getting the balance is proving tricky, regulating in little change.
The President did note that just because the issue was considered so fraught with difficulty he did not wish attention to drift and the problem to remain unaddressed.
He also noted the workload on the family court system in England and Wales. The Family Court Quarterly Statistics record a total caseload of 224,902 in 2020. The number of people affected by decisions on openness are immense and for society and the public to know about these judgments, and how they are reached, provides a basis for public trust and accountability.
You can access the full text: ‘Confidence and Confidentiality: Transparency in the Family Courts’ through Resolution’s website at this link.