As Adam Wagner reports, the family courts have just published a Guide to Media Access and Reporting. It was produced in conjunction with the Judicial College and the Society of Editors and was written by two barristers, Adam Wolanski and Kate Wilson.
The report is really handy and readable, and will be invaluable to any journalists (or even bloggers...) wanting to understand how to gain access to family law proceedings, and what they can lawfully report. The report is helpfully broken up into different sections, depending on the type of hearing. What is immediately striking, reading the report, is that the Court of Protection is subject to an almost entirely different regime to the Family Courts. For cases relating to the inherent jurisdiction of the Court of Protection (so those are cases that do not concern the Mental Capacity Act 2005 - e.g.. concerning vulnerable adults who have capacity), there is no statutory regime in place, but the court has powers to exclude the public or the media at its discretion. Furthermore, s12(1) Administration of Justice Act 1960 does not apply, as the inherent jurisdiction is beyond the scope of the Mental Capacity Act 2005; therefore 'In the absence of an injunction there would appear to be no restraint upon reporting'.