David Burrows raises some questions about the Family Division’s open justice pilot scheme
- Does the President of the Family Division have administrative powers to set up an open justice pilot scheme; or should this be done by the family proceedings rule makers?
- Can the President by administrative diktat override a financial remedy party’s anonymity, and without regard for the rights of any children affected?
- Can the lawfulness of administrative actions be challenged judicially in the family courts proceedings in which they arise?
On 11 December 2023, the president of the Family Division issued guidance on the transparency reporting pilot for financial remedy proceedings. The pilot comes into operation on 29 January 2024. If the guidance is challenged, the pilot scheme may be found unlawful in at least two respects:
- First, has the president power to set up a ‘pilot’ scheme at all? In this context he is an administrator, so what are his statutory powers (if any) to act in this way?
- Second, is it lawful for any family court automatically to name parties on the court
