Transparency in the Family Courts: Publicity and Privacy in Practice

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Are you concerned about promoting transparency whilst protecting the privacy of vulnerable clients With a foreword by Sir Andrew McFarlane, the incoming President of the Family Division, and an author team from The Transparency Project, Transparency in the Family Courts: Publicity and Privacy in Practice clarifies what transparency means in practice for professionals and families involved in the family courts, and provides guidance on privacy in family law cases and their reporting in the media. This new title provides full coverage of the implications of the 2014 Guidance on publication of judgments and looks at: > An overview of the history of transparency > Compliance with: >> Section 12 of the Administration of Justice Act 1960 >> Section 97 of the Children Act 1989 >> ECHR Articles 8 and 10 >> Rules and Practice Directions covering all family proceedings > Publishing and reporting on court judgments; reporting restrictions orders > The internet and social media > How to advise parties involved > Guidance on enabling children and families and practitioners to make informed decisions > Transparency in other courts and tribunals Appendices include key legislation and case studies and the topic will be kept up-to-date on the Bloomsbury Family Law online service. This new title is essential reading for family law practitioners in private practice, local authorities and other public bodies, as well as media lawyers, journalists and social workers. Julie Doughty is a Lecturer in Law in the School of Law and Politics at Cardiff University Lucy Reed is a Barrister at St Johns Chambers Paul Magrath is a Barrister with the Incorporated Council of Law Reporting for England and Wales

Reviews

compelling and fascinatingan absolutely essential read for a family practitioner I was leftcomforted that as things change apace in the Family Court I was properly informed with this book. I highly recommend it. -- Rebekah Wilson, Garden Court Chambers * ALC E-Newsletter *
It is written for practitioners to tell them clearly where to find the right rules and what they actually say. I was particularly impressed by the helpful section about monitoring social media and how to go about getting things removed. Whether lawyer or social worker, we all need to understand the changes which are happening within the environment in which we practice. We would all be better practitioners for carefully reading this book. -- Rodney Noon, Solicitor-Advocate * Seen and Heard Volume 29 / Issue 1 / 2019 *
This looks very interesting. Yes I agree that theres a gap in the market for such a work. It will be a challenge to keep it up-to-date, particularly if it is going to cover social media usage. I agree that a book setting out what information can and cannot be shared will be of real help. For example, my local authority works closely with the police and I think there is a real grey area about the sharing of information -- Review of Proposal * Senior Lawyer, Local Authority *
I would expect this to be a popular title. Its difficult to comment on the content as (as they say in their proposal) this issue is very much in limbo at the moment, with publication of judgments under consultation and some of the research (I think) not yet completed. Assuming that new rules and guidance are indeed published this year they have been delayed a number of times then a book published shortly afterwards would sell well, I think -- Review of Proposal * Family Law Barrister *
The theme is highly relevant. It is of interest, I would predict, to many family lawyers. Certainly, I would be interested in it and would consider buying it. From the list of competitor books provided, there appears very much to be a gap in the market that needs filling -- Review of Proposal * Family Law Barrister *
I was interested by this proposal. There is definitely a market for the book. There will be hundreds of relevant new cases each year. The book will need constant refreshing - say once every two years -- Review of Proposal * Family Law Solicitor, Partner *
I approached reading the book Transparency in the Family Courts with a curious but slightly laid back manner perhaps unconsciously thinking it cant be that essential for a family practitioner. How wrong that was. The book is a compelling and fascinating read. I would say it is an absolutely essential read for a family practitioner as we navigate ever-increasing complex issues of transparency and openness in family practice in the era of social media. The book sets out in eight chapters everything a family practitioner should know about transparency in the Family Court. Each chapter is easily accessible and sets out complex issues in a clear and digestible way. The beginning of each chapter sets out the key issues covered and the key resources. Each then goes on to consider those issues in more detail. Chapter one of the book sets out how the book provides a useful resource for family practitioners, the basic principles underlying the law and what may be published from family proceedings, the legislative framework for that, how and why the law has developed over time and the important research and law and policy on family proceedings, particularly care proceedings. Transparency, used as an umbrella term to describe openness, accessibility and public understanding of the family justice system, is not a new or ephemeral issue, although it has received particular attention in recent years. The introduction reminds us of some key features of open justice perhaps all too often overlooked by the Family Court. Publicity is the very soul of justice (Lord Shaw in Scott v Scott 1913 AC 417). The book introduces us to the competing complexities of balancing principles of open justice, their impact on parties rights to privacy and their right to participate openly in Family Court decisions. Chapter 2 of the book deals with the Extent of Privacy in Family Proceedings and some issues such the attendance of the media being prima facie allowed (they just cant usually report) which might not be as well known as they should be. The famously misreported Muslim foster carer case for example citing the problems with the reporter initially not being allowed into the court building by security. Chapter 3 deals with Orders Restricting or Permitting Reporting. Chapter 4 is a fascinating read on the Publishing and Reporting on Court Judgments. Of particular note is the consideration of issues of jigsaw identification and the decreasing number of reported family cases on BAILII. Chapter 5 looks at The Internet and Social Media neatly followed by Chapter 6 dealing with Enforcement. Chapter 7 looks at Other Courts and considers how they deal with the Article 6, 8 and 10 balance there. Chapter 8 is entitled Looking Ahead and is perhaps the most essential read of all. It concludes that: we suggest that greater transparency of family justice is critical, not just to public confidence in the Family Justice System, but also because through robust but healthy challenge of the way we do things, it represents an opportunity to see things from a fresh perspective and to innovate for the benefit of the families and children we serve . (page 243) I was left agreeing with this conclusion and comforted that as things change apace in the Family Court I was properly informed with this book. I highly recommend it. -- Rebekah Wilson, Garden Court Chambers * ALC E-Newsletter *

Author Bio

Julie Doughty, PhD, is a Lecturer in Law at Cardiff University School of Law and Politics. She has previously worked as a solicitor and for local government and Cafcass. She currently teaches in family and child law, trusts, and media law. She has been researching privacy and openness in family courts for more than ten years. She recently led a research project, funded by the Nuffield Foundation which evaluated the effects of the transparency guidance issued to judges by the President in January 2014. The project report is currently under consideration by the President of the Family Division. This is available at: http://www.nuffieldfoundation.org/news/family-court-transparency-plans-fall-short-judges-struggle-find-time-publish-judgments-safely Julie has also undertaken research on adoption; expert witnesses, care proceedings, and the Court of Protection. Julie is also a Consulting Editor on Hershman and McFarlane. Lucy Reed is a barrister practising from St John's Chambers, Bristol (Call 2002). She is the author of The Family Court without a Lawyer - A Handbook for litigants in person (Bath Publishing, 2014, 3rd Edition forthcoming) and the award-winning Pink Tape blog, and the Chair of The Transparency Project. Lucy was the winner of the Jordans Legal Commentary award 2012, and is Bristol Law Society Barrister of the year for 2016. She sits as a family ticketed Deputy District Judge. Lucy regularly delivers talks on family law, litigants in person and transparency issues. She has written several articles on family justice in both the legal and mainstream press. In practice, Lucy's specialism is child law, with an emphasis on public law proceedings. She is ranked as a Tier 1 Junior in the Legal 500. Paul Magrath is Head of Product Development and Online Content at the Incorporated Council of Law Reporting for England and Wales (ICLR). He is a non-practising barrister who has spent most of his career reporting cases and writing about the law. He was the founding editor of the Business Law Reports, published by ICLR, and has contributed regularly to The Times and The Independent and to specialist legal publications including Jordans Family Law journal, Bloomsbury Communications Law and Counsel Magazine. He was the editor and one of the authors of Creating Case History, The Law Reports 1865-2015 Anniversary Edition, published by ICLR to mark its 150th anniversary in 2015. He is currently responsible for developing and maintaining the ICLR online legal database platform. Paul has attended a number of Court of Protection hearings as an observer under the current pilot of hearings being open to the public.