The most senior judge in family courts is the President of the Family Division and Court of Protection, inevitably known in the media as ‘top family judge’. Shortly after Sir James Munby was appointed President, from April 2014, he began an innovative schedule of regular direct communications directed at everyone in the family justice system, that he called ‘a View from the President’. This series of the President’s ‘View’ was continued by Sir James’ successor, Sir Andrew McFarlane, who has this month issued his final ‘View’. Sir Andrew is now retiring; we await news as to who his successor will be.
We are disappointed that Sir Andrew didn’t mention the advances in transparency during his term of office, especially all the work he put into his Transparency Review, although he had acknowledged in an interview for the BBC Radio 4 obituary programme, ‘Last Word’ that he had picked up this concept from Sir James and run with it. We understand it was also a significant feature in recent speeches given in relation to achievements over the past eight years.
Here’s an outline of the April 2026 ‘View’ which can be read in full on the Judiciary website.
- The most important and progressive current development is the introduction of the Pathfinder (now known as Child Focused Courts) in private law proceedings.
- The Government has committed £82 million to support the roll-out of the new model for private law cases to all court centres in England over the next three financial years. (All courts in Wales are already using the model).
- Getting the current serious backlogs in cases down to a manageable size is an essential preparatory step before implementing the model in new court centres.
- Data relating to the national Family Justice Board’s efficiency goals indicate that the duration of proceedings for both public and private proceedings is reducing.
- The President is optimistic about an increase in the number of appointed judges in the south east of England (where backlogs are the worst).
- Important new guidance on domestic abuse injunctions has been issued.
- The recent lecture on the use of AI in family courts, by Lisa Harker of the Nuffield Family Justice Observatory, is recommended.
Sir Andrew concluded by paying tribute to a number of charities: Not Beyond Redemption; Support Through Court; and Lawyers Who Care – as well as thanking everyone he has worked with, especially in coping with the Covid lockdown period.
Photo of Sir Andrew McFarlane taken by Paul Magrath