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<p>Ensuring that decisions made in family proceedings are open and transparent to
the public is something to which this Government<del class="ministerial"> has</del>
give<ins class="ministerial">s</ins><del class="ministerial">n</del> careful consideration.
We recognise that there is a delicate balance to be struck between ensuring that family
proceedings are open and transparent to ensure adequate public scrutiny and the principle
of public justice, whilst also ensuring that <del class="ministerial">the</del> we
protect the privacy of vulnerable children and families who are party to such proceedings.</p><p><ins
class="ministerial">In terms of attendance at hearings, most family proceedings are
held in private. However, ‘accredited media representatives’ have been permitted to
attend most types of hearings in family proceedings for several years. In addition,
a pilot scheme to allow duly authorised lawyers, attending for journalistic, research
or public legal educational purposes (colloquially referred to as 'legal bloggers')
access to those same types of hearings was initiated in October 2018. That pilot scheme
is scheduled to end in December 2021, but it is intended that it should be replaced
by permanent provision in court rules, before that end date.</ins></p><p><ins class="ministerial">In
terms of disclosure of information from family proceedings, for example by reporting
it in the press or online, there are various legal provisions which determine if and
when it is possible to disclose such information. These include laws on reporting
restrictions and contempt of court. Judges dealing with cases have discretion to allow
publication of information from family proceedings. In addition, court rules include
provision about when it is possible to make disclosures of information without this
being a potential contempt of court.</ins></p><p><del class="ministerial">This Government
has taken several steps to increase transparency in family proceedings where appropriate.
This has included continuing to support a pilot which allows accredited representatives
of media outlets to have access to proceedings. The pilot allows legal bloggers access
to proceedings with permission of the presiding judge. It also allows the blogger
to write about their experiences at court but requires that names and personal information
are kept anonymous.</del></p><p><ins class="ministerial">The livestreaming of some
Court of Appeal family proceedings is also now possible as a result of amendments
made by the Court of Appeal (Recording and Broadcasting) (Amendment) Order 2020, which
extended the existing livestreaming provision to cover family proceedings. Under this
scheme, members of the public may view selected Court of Appeal family cases on the
internet. Members of the judiciary select suitable cases for livestreaming, having
taken into account the public interest. Proceedings involving litigants in person,
and those with specific reporting restrictions, will not be selected. Participants
in all selected hearings will be given the opportunity beforehand to object or to
obtain further information.</ins></p><p><del class="ministerial">We have also allowed
the livestreaming of Court of Appeal family proceedings. This became a permanent arrangement
in June 2020 through the Live Streaming Court of Appeal SI 2020 and allows anyone
to view a Court of Appeal family case on the internet (again, whilst protecting the
anonymity of the parties involved).</del></p><p>Further recommendations for increasing
transparency will be carefully considered to ensure that the children and families
who use the family courts continue to be protected, whilst also ensuring adequate
scrutiny is given to the family courts.</p>
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