The (children) Reporting Pilot has been gradually expanding in its reach since January 2023. From 4 November it has not only covered 19 family courts across England and Wales (including those with the highest volume of cases), but reporters have been able finally to report hearings in all those courts before Magistrates. You can read the official announcement here.
This may not produce a big boom effect, because typically Magistrates do not hear complex cases, and as such there is probably less likely to be major interest in them. But this step is still important. Magistrates do have significant powers and do hear a large range and volume of family court cases, making profoundly impactful decisions. The effective and fair operation of the family court at this level is every bit as important as it is at other tiers.
So we do expect to see some journalists taking time to sit in on Magistrates hearings, and reporting what they see. And the fact that there is an ability to scrutinise and hold accountable in this way where reporters seek to do so is valuable even if it is not often exercised.
So far we have reported on hearings before the Magistrates three times. The response we have met – and what we have seen if and when in – has been mixed:
- We reported on a hearing in Cardiff. We were welcomed and thought the court ran very efficiently. Cardiff was one of the early adopters of the reporting pilot, so allowed us in to observe Magistrates from last November. You can read that report here and here.
- In April we attempted to attend a hearing at East London but were booted out. There we relied upon the pre-existing court rules which entitled us to attend, but left us to apply for specific permission to report, but we weren’t even allowed in. We applied for a transcript of the preliminary hearing where a decision was made to exclude our reporter and to report what happened and why we thought it was disappointing. You can read that report here.
- In October we attended a third hearing, this time at the Central Family Court in London. This court is part of the reporting pilot, but had not at that time been extended to Magistrates level (though it was imminent). This time we were permitted entry and the court made a transparency order, as if the case was covered by the pilot (which courts are increasingly willing to do). We are in the process of writing up our report about that, so watch this space.
These examples are all of our legal bloggers attending to report. We aren’t aware of any journalists observing hearings before magistrates – yet. Again, watch this space.
The second small but important step forward is that from 11 November the Financial Reporting Pilot will extend to cover Financial Remedy cases in the High Court in London. Again, take up of that pilot, which currently operates in London, Leeds and Birmingham has been low (at a recent open meeting of the Family Procedure Rule Committee Mr Justice Peel (lead Financial Remedies Judge) indicated that to his knowledge only 3 transparency orders had been made in pilot courts so far, all in London. But again, the fact that reporters are able to attend and to report if and when they wish to do so, is important even if take up is low.