WH19P000120 - [2025] EWHC 801 (Fam)

The issue raised within this case is clearly a very significant one impacting more generally on the move towards greater transparency in the family courts. The first question for the Court must be whether it has the jurisdiction to make the order sought by Ms M. Only if it has that power, can the Court move on to undertake the balancing of Convention rights and interests established in Re S (a child) (identification: restriction on publication) [2005] 1 AC 593. Having carefully considered the submissions of Dr Proudman and Mr Gilmore, I am satisfied that currently there is no legal power provided for within the family procedure rules by which I can grant Ms M’s application to speak directly in public about her experiences within the family justice system. The power clearly exists within s 12 of the AJA 1960 for secondary legislation to be passed which would provide for such a possibility within the court rules, but no such rules have been adopted. I am however satisfied in accordance with existing Court of Appeal authority, that such power exists within the Court’s inherent jurisdiction, albeit the legal basis for that enduring power is not considered in any detail within the case law and is somewhat unclear.