President of the Family Division

President of the Family Division
Name	President of the Family Division
Incumbent	Sir Andrew McFarlane
Incumbentsince	2018
Department	Family Division
Style	The Right Honourable
Appointor	Monarch of the United Kingdom
Formation	1971
First	Sir William Macpherson of Cluny

President of the Family Division

The President of the Family Division is the senior judge of the Family Division of the High Court of Justice in England and Wales, responsible for leadership of family justice in courts such as the Family Court and for liaison with central institutions including Ministry of Justice, Lord Chief Justice, Privy Council, and the Judicial Appointments Commission. The office sits at the intersection of case law arising from statutes like the Children Act 1989 and Family Law Act 1996, and policy initiatives from ministries and bodies such as the Cabinet Office and the Supreme Court of the United Kingdom.

History

The post emerged from reforms consolidating family jurisdiction within the High Court of Justice after mid‑20th century changes influenced by inquiries such as the Percy Commission and reports from the Royal Commission on Marriage and Divorce. Early custodianship of family matters rested with the Court of Chancery and the Probate, Divorce and Admiralty Division until reorganization under the Judicature Acts. In 1971 the modern Family Division was established to streamline divorce, child welfare, and domestic proceedings, succeeding roles historically held by judges of the Queen's Bench Division, Chancery Division, and the Court of Appeal. Subsequent decades saw interaction with major reforms and cases arising from Human Rights Act 1998, feeding into judgments in the European Court of Human Rights and appeals to the House of Lords prior to creation of the Supreme Court of the United Kingdom.

Role and responsibilities

The President provides judicial leadership across the Family Division, overseeing deployment of judges from the High Court of Justice and coordinating practice directions issued under authority of the Senior Courts Act 1981. The office engages with administrative partners such as the Her Majesty's Courts and Tribunals Service, the Crown Prosecution Service in matters intersecting criminal jurisdiction, and the Local Authority network where public law children cases arise. Responsibilities include case allocation, supervising specialist lists including domestic violence and adoption panels, representing family judiciary in discussions with the Lord Chancellor, contributing to national guidance with the Family Justice Council, and advising on resource needs to bodies like the Treasury and the Ministry of Justice.

Appointment and tenure

Appointment is made by the Monarch of the United Kingdom on the recommendation of the Lord Chancellor and following processes involving the Judicial Appointments Commission and consultation with the Lord Chief Justice. Candidates are typically senior High Court of Justice judges elevated from the Queen’s Bench Division or the Court of Appeal with substantial family law experience, often bearing prior office-holders’ honors such as membership in the Privy Council. Tenure is subject to mandatory retirement rules under the Judicial Pensions and Retirement Act 1993 and can include temporary extensions approved by the Lord Chancellor and Monarch of the United Kingdom.

Organization and staff

The President is supported by salaried judges and court administrators within Her Majesty's Courts and Tribunals Service, including Presiding Judges, designated Family Division High Court Judges, and administrative directors often liaising with the Ministry of Justice. Specialist teams include clerks who interface with the Family Court hub offices, policy advisers who coordinate with the Family Justice Council and the Bar Council, and liaison officers who work with external bodies such as the Local Government Association and child welfare charities like Barnardo's.

Notable officeholders

Notable holders have included senior jurists who shaped family jurisprudence and procedural reform, including Sir William Macpherson of Cluny, who traversed public inquiries, and later Presidents whose judgments influenced child protection law, adoption policy, and domestic violence practice. Some holders moved on to sit in appellate courts alongside members of the Court of Appeal and the Supreme Court of the United Kingdom, while others engaged with international instruments administered by bodies such as the United Nations and the European Court of Human Rights.

Jurisdiction and decisions

The President presides over cases and provides guidance affecting jurisdiction in matters under the Children Act 1989, adoption law, declarations under the Family Law Act 1996, and international family law instruments including the Hague Convention on the Civil Aspects of International Child Abduction. Decisions and practice directions influence procedures in Family Proceedings Courts, private law disputes concerning residence and contact, and public law proceedings involving local authorities and care orders, and may be cited in appellate decisions from the Court of Appeal and in submissions to the Supreme Court of the United Kingdom.

Criticism and reforms

The office has faced scrutiny in reviews addressing delays, resource allocation, and transparency, prompting reforms advocated by bodies such as the Family Justice Council, the Law Society of England and Wales, and the Bar Council. Criticisms have targeted access to litigation for litigants in person, the pace of care proceedings referenced in studies by the National Audit Office, and the balance between confidentiality and public interest highlighted in debates involving the Information Commissioner's Office and civil liberties organizations like Liberty. Reforms have included modernization of digital filing systems, procedural changes reflected in practice directions, and cross‑institutional initiatives involving the Ministry of Justice and Her Majesty's Courts and Tribunals Service to improve timeliness and transparency.

Category:Judiciary of England and Wales