Family Courts Reporting: Children, Schools & Families Bill

NS concerns regarding the proposed new regime for reporting restrictions in the family courts were raised by MPs this week during the debate on second reading of the Children Schools & Families Bill.

The NS has highlighted these concerns to Justice Secretary Jack Straw and will be meeting Ministry of Justice Minister Bridget Prentice next week, and our discussions with MoJ officials will continue.

Secretary of State Ed Balls agreed that the provisions would be scrutinised carefully when the Bill went through its Committee stage.

The NS’ central concern is that the Bill’s reporting provisions as currently drafted will not achieve the stated objective of providing openness and transparency in family courts. The NS briefing to MPs highlighted that:

• The Bill provides for anonymity of all those involved, or even referred to, in the proceedings (other than paid professional expert witnesses).
• Restriction on publication is not limited to reports of the proceedings themselves but will also impact upon the dissemination of information which is already in the public domain and/or whose publication would not otherwise have constituted a contempt of court.
• It should be permissible to report any judgment unless the court specifically restricts this. The Bill’s default position is the opposite – that of non-publication of all judgments unless allowed.
• The Bill’s provisions are enormously complex. Their scope and effect are in places uncertain.

As well as meeting the Ministry of Justice Minister, the NS will also brief members of the Bill Committee.

For further information contact Sue Oake, PERA, on 0207 632 7463 or email sue_oake@newspapersoc.org.uk