House of Lords clears way for further media access to family courts

The House of Lords has passed Part 2 of the Children, Schools and Families Bill which will enable journalists to see court documents and identify expert witnesses involved in family proceedings and extends reporting rights to include adoption cases.

Opposing this aspect of the Bill in the House of Lords, the former President of the Family Division Baroness Butler-Sloss told peers:

"I am shocked that this should come before us in the wash-up without any debate or any scrutiny in either of the two Houses of Parliament. I am not in favour of secret courts....throughout my time as president, I pushed for court judgments to be provided to the public and the press.

"In my view, the whole of Part 2 should be excluded but there are two things about which I am concerned. One is the identification of witnesses-particularly medical and other expert witnesses. It is very difficult to get medical and health professionals to give evidence, but if they are to be identified in the courts they will continue to keep their heads below the parapet and will not give evidence.

“The other and even more worrying aspect relates to the groups of cases that are included. Clause 33 includes adoption proceedings. If ever there is a group of cases where no information of any sort should be given to the press or the public, it is that. No part of family proceedings is more important to protect than the law in relation to adoption."

In April, accredited media representatives (demonstrated by the possession a card issued by the UK Press Card Authority) were given the right to attend hearings of family proceedings covered by the Family Proceedings Rules 1991 or the Family Proceedings Court (Children Act 1989) Rules 1991, with the exception of hearings conducted for the purpose of judicially assisted conciliation or negotiation. What they are able to report is subject to a range of confidentiality rules and restrictions (see related articles below).

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