News

Extensions to family court transparency pilots

Family court reporting pilot extension to magistrates

Over the past two years, the President of the Family Division, Sir Andrew McFarlane, has overseen a ‘Reporting Pilot’ to allow accredited journalists and legal bloggers to report on what they see and hear in children cases in the family courts.

In January 2024, the pilot extended to a total of 19 areas across the country and has operated in public and private law cases before judges.

The Transparency Implementation Group (TIG), which has led on the reporting pilot, is pleased to announce that the pilot will extend to include public and private law cases before magistrates in all 19 current pilot areas from Monday 4 November 2024.

The pilot introduces a presumption that accredited media and legal bloggers may report on what they see and hear during family court cases, subject to strict rules of anonymity. The ability to report is being piloted to make sure it can be done safely and with minimum disruption to the court and to those involved in the cases. This will be done by judges in these courts making a ‘Transparency Order’, which sets out the rules on what can and cannot be reported.

As the pilot has extended, the President of the Family Division has re-issued the authoritative guidance setting out the pilot’s framework and rules. The updated guidance, and other resources, can be found on The Tig website (external link) and judicial website. The ‘helpline’ continues to operate for any queries or questions surrounding the pilot: pilots@thetig.org.uk. Journalists are also encouraged to contact the Judicial Office Press Office.

Over the next few weeks, some Designated Family Judges in the pilot areas will be taking part in talks and discussion events in aid of a ‘Reporting Week’ being run by The Bureau of Investigative Journalism between 4-8 November 2024. These events are being advertised locally. Please contact your Local Family Justice Board or local pilot court to see if an event is running near you. Events are open to journalists and anyone working within the family justice system.

Family court financial remedies proceedings reporting pilot extension to Royal Courts of Justice

The pilot scheme for the reporting of financial remedy proceedings will extend to include the Royal Courts of Justice from Monday 11 November 2024.

It has been running at the Central Family Court, Birmingham and Leeds since 29 January 2024.

You can find out more online about the financial remedies proceedings pilot, and the Transparency Implementation Group sub group

New 16.4 model and guidance (Hampshire and Dorset)

A new model and guidance has been announced for 16.4 work in the Hampshire and Dorset Area.  Attached  is the guidance document for implementation of this model. The primary reason for the change is the long running 16.4 cases which have prejudiced children and at times have lack impetus, direction and structure. This model seeks to timetable more robustly, setting an assessment period and an intervention period to understand what is needed in each family and put in the support to achieve change, resolution, or to test just how stuck the family are in their conflict.

In addition to the guidance, below is a wording template put together by Cafcass in in the southwest, to help with the drawing up of these orders. The only wording  has changed is where it referred to ‘pilot scheme’  which has been updated that to ‘model’.

The ask if that this is shared with Judges, Legal Advisors, and Legal Practitioners, setting out a launch date suitable for Hampshire.

JOINDER OF CHILD/CHILDREN

  1. The children name shall forthwith be made a party to the proceedings and pursuant to rule 16.4 and PD16A, Part 4 FPR 2010 an officer of Cafcass shall be appointed to act as their children’s guardian. 
  2. A copy of this order shall be e-mailed to the Cafcass office within two working days of this order.
  3. The service manager is requested has agreed to allocate an officer as children’s guardian as promptly as possible following receipt of this order, and to notify the court within 7 days of such allocation.
  4. It is recorded that there are no reasons why the Cafcass officer dealing with the case should not continue to deal with it as guardian.
  5. It is recorded that the 16.4 appointment will be dealt with in accordance with a 16.4 model as set out below

GUARDIAN MODEL - PROCESS

    1. The children’s guardian will within 7 days of appointment arrange a planning meeting
    2. The parents are expected to engage constructively with that planning process
    3. In the event that the children’s guardian considers that either parent is not engaging constructively in that planning process the guardian must contact the court as matter of urgency marked for the direct attention of the judge who made this order

GUARDIAN MODEL – RESERVED TO FULL TIME DISTRICT JUDGE

    1. To enable the 16.4 Guardian Model to be administered consistently this matter is reserved to a full time district judge
    2. By default this matter shall be heard by the judge who made today’s order unless to do so would cause delay

 GUARDIAN MODEL – HEARINGS TIMETABLE

The Model requires this case to be completed within 6 months of the date of this order, which is by      , and the following hearings shall be listed

    1. Case Management Hearing 8 weeks from the date of this order, namely       with a time estimate of one hour
    2. Pre-trial review/ Dispute Resolution Appointment 5 months from the date of this order, namely       with a time estimate of one hour
    3. Final hearing 6 months from the date of this order, namely       with a time estimate of 2 days

 

 GUARDIAN MODEL – EXPERT EVIDENCE

Any party seeking to rely upon expert evidence must issue an application compliant with FPR PD25C in sufficient time for it to be determined at the Case Management hearing.