There are reasons to be careful about opening up family justice to public scrutiny. But change is overdue
On average around 4,300 cases a week are heard in the family courts in England and Wales – adding up to a total of 224,902 last year. It is estimated that 62% of cases involve allegations of domestic abuse. Almost a quarter are disputes between separating or separated couples, usually over their children. For the past three years, the number of applications for children to be taken into council care has been around 13,000; the number in care now stands at a record 80,000, up from 65,000 a decade ago.
Yet despite such startling figures, and the strong public interest in understanding the societal issues that underlie them, remarkably little is known by most people about what goes on in family courts. What is known is more likely to be anecdotal, via word of mouth or personal experience, than by a formal public channel such as the press or other media. That’s because since 1960 there has been a presumption of secrecy in all cases involving children. Journalists and legal bloggers have the right to attend court, but not to report on what goes on there.
