Family Courts make key decisions regarding people’s private lives, including their finances and arrangements for their children. The decision making is based on the circumstances of each family with the Court delving into family history, finances, lifestyle and dynamics – often revealing sensitive personal details.
For many years, there have been restrictions upon the reporting of Family Law cases. Accredited journalists and legal bloggers could attend Family Courts, despite them being closed to the public. However, there were restrictions upon what they could report due to the perceived need to protect the private lives of individuals and children involved in sensitive court processes. However, many felt there a balance needed to be struck between the need for privacy and the need for public awareness and accountability of the Family Court system.
Following a successful 2-year Pilot Scheme (commissioned in an effort to address the need for increased transparency in the Family Courts), the reporting restrictions changed with effect from 27th January 2025.
In a “watershed moment”, the Family Courts may now allow accredited journalists and bloggers to report upon family cases in England and Wales for the first time.
Parties involved in Family Law proceedings should be made aware of the instances in which their cases may be reported upon, and how much detail will be released into the public domain.
What did the Pilot Scheme highlight?
The Transparency Pilot Scheme was effective from January 2023, during which time the Scheme was rolled out gradually across different Courts and case-types.
The aim of the Pilot Scheme was to assess the prospect of reducing restrictions to increase the public understanding and confidence in the Family Court system.
The President of the Family Division, Sir Andrew McFarlane, said:
“The establishment of the open reporting provisions in all family courts in England and Wales is a watershed moment for family justice.
“Improving public understanding and confidence in the Family Court is of fundamental importance. Over the last two years there has been a presumption that journalists and legal bloggers can report what they see and hear from pilot courts in England and Wales. The reporting that we have seen has been significant, and includes coverage of issues affecting some of the most vulnerable people in our society, such as: children subject to Deprivation of Liberty Orders; the need to limit parental rights for convicted paedophiles and cases of child neglect or abandonment.
“There have been no known breaches of anonymity of children, and the aims of the pilot, to increase public understanding and awareness of the Family Court, are being realised. I am grateful to all in the court system who have supported the pilot, but I would particularly like to thank all of the journalists and legal bloggers who have engaged with the pilot over the last two years and would like to urge them and others to continue to report on these complex and vitally important issues.”
At the end of 2024, the Family Procedure Rule Committee approved the extension to all Family Courts.
The new open reporting provisions have been approved by the Ministry of Justice (MoJ) , and came into force on 27 January 2025 for Family Courts in England and Wales.
Changes were made to the Family Procedure Rules and new Practice Directions were issued to incorporate the new provisions.
What are the Rules Now?
From Monday 27 January 2025, accredited journalists and legal bloggers may report what they see and hear; request key documents; speak to, and quote, parties involved in proceedings PROVIDED that they keep them anonymous and IF a Transparency Order is granted by the Court. If information is reported in accordance with the provisions, the journalist would avoid risking punishment for contempt of court.
‘Transparency’ will no longer be restricted to ‘pilot’ courts, and the removal of restrictions will be permanent.
Under the new open reporting provisions, Judges may refuse the requests for a Transparency Order, but there is a presumption that a Transparency Order, protecting the anonymity of the children and their families, is granted unless there is a legitimate reason not to. Judges may still decide some cases may not be reported on, or that reporting should be postponed in certain circumstances. The Transparency Order will set out what can be reported.
The permanent introduction of the new Transparency rules will be gradual in terms of the cases to which the provisions apply. Initially, the provisions will apply to public law cases i.e. cases considering whether a Local Authority should be granted a care order in respect of a child about whom there are serious safeguarding concerns. The rules will then be extended to apply to private law cases e.g. disputes between separated parents regarding the arrangements for their children and financial remedy disputes upon Divorce, before ultimately extending to cases before the Magistrates’ Courts.
What safeguards now exist for those involved in cases before the Family Court?
Because Judges will have discretion to refuse to make a Transparency Order, parties involved may wish to make representations to the Court if they strongly feel that the reporting of the case, even in an anonymised fashion, would be detrimental. It is expected this would have to be a reasonable objection with supporting evidence of the detriment which may be suffered. To refuse to make a Transparency Order, one would expect that the Judge would need to consider that the potential detriment outweighed the public interest.
It is expected that each case would be considered on a case by case basis. The court will consider the terms of a “Transparency Order” when a reporter attends a hearing, whether remotely or in person.
If a Transparency Order is made, reporters will be subject to the provisions within the Transparency Order and they will not have reporting freedom to go beyond this.
In Financial cases, the standard form Transparency Order sets out key information which must not be reported without the express permission of the court, including the names and addresses of the parties (including any intervenors) and their children; any photographs of parties, any intervenors, or their children; the identity of the employers, the name of the business or the place of work of any of the parties; the address of any real property owned by the parties; the identity of any account, investment or business interests in which any party has an interest; and the name and address of any witness or of any other person referred to in the hearing save for an expert witness.
Reporters will not be admitted to Financial Dispute Resolution hearings (FDRs) and all settlement agreed outside of Court (namely ‘Consent Orders’) will remain confidential
In Children cases, cases will be listed anonymously with a reference code identifying the case issues and whether a journalist may attend the hearing. The standard form Transparency Order again sets out key information which cannot be reported without the express permission of the court, including the name or date of birth of any subject child in the case; the name of any parent or family member who is a party or who is mentioned in the case, or whose name may lead to the child(ren) being identified; the name of any party involved with, or intervening in, the proceedings; the address of any child or family member; the name or address of any foster carer; the school/hospital/placement name or address, or any identifying features of a school of the child; photographs or images of the child, their parents, carer or any other identifying person, or any of the locations specified above; the names of any medical professional who is or has been treating any of the children or family member; in cases involving alleged sexual abuse, the details of such alleged abuse; and any other identifying information about the relevant child
Summary
The decisions of the Family Court can have a significant and long term impact of people’s lives. This has been only too evident in cases such as the tragic case of Sara Sharif. The Family Court had previously decided in 2019 to place Sara with her father and stepmother, who were subsequently found guilty of her murder in August 2023. A High Court Judge decided to release documents covering that family case, but said the judge’s name should not be published. Journalists successfully appealed that decision. In recent days, the press have been able to report the identity of the Judges who made the 2019 decision to place the child in the care of those who ultimately ended her life – some outlets even publishing a photo of the relevant Judges.
It remains to be seen whether more journalists will attend hearings and more judgments will be reported. It is possible that these new rules will encourage more parties to partake in Non Court Dispute Resolution, such as Mediation, due to the desire to keep their personal affairs out of the public domain.
Journalists and legal bloggers will not be interested in every Family Law case, nor would it be practical for them to report every such case. Instead, they are likely to focus upon those cases which pose new legal challenges; perhaps those involving ethical and moral questions; serious domestic abuse and child safeguarding situations; and, perhaps inevitably, high value financial cases.
It is clear therefore that the new reporting provisions will have a potential impact upon parties involved in Family Law proceedings, including the Judiciary and legal representatives. Lawyers will need to advise clients of the provisions and be ready to make submissions where there is a need to object to the making of a Transparency Order.
Clients should be made aware that a journalist may be present in court at the last minute, notwithstanding the expectation that they should give advance notice of their intention to attend where possible.
Parties and legal representatives involved in relevant Family Court proceedings with questions about reporting, are urged to contact the Judicial Office Press Office – press.enquiries@judiciary.uk
Our Family Law Specialists at DTM Legal will advise you with regard to your specific Family Law case and the impact of these new open reporting provisions. Please contact Colette Blackburn colette.blackburn@dtmlegal.com, 0151 304 7145 or Helen Davies helen.davies@dtmlegal.com, 01244 354800 of DTM Legal LLP for specialist advice.
