A new provision allowing journalists to report from family courts in England and Wales, has been deemed a “watershed moment for family justice” by the most senior family judge.
From 27 January 2025, accredited journalists will now be able to request a transparency order to allow them to report on cases in the family courts across England and Wales as long as the cases are kept anonymous.
The new provision means that the presumption is that a transparency order is granted, unless the court can provide a legitimate reason not to. This means, while the judges retain the power to refuse transparency orders, the emphasis is to allow transparency and openness in the previously hidden process of the family court.
Journalists will be able to speak to, and quote anonymously, people involved in proceedings, allowing parents who wish to speak out about their cases to do so under transparency orders, where they previously risked being found in contempt of court. The provision does not allow parties themselves to report or publish anything about the case to ensure everything remains anonymous.
The change comes after the success of a two-year pilot scheme allowing insight into the family court system and providing the public with an understanding and awareness of the life-changing decisions being made by family court judges on a daily basis.
Sir Andrew McFarlane, the President of the Family Division, has said “the establishment of the open reporting provisions in all family courts in England and Wales is a watershed moment for family justice”, providing much needed transparency into the family courts, whilst protecting the privacy of all parties.
The privacy of all parties is of the upmost importance and all confidential information must be anonymised on reporting of the case. Reporters cannot include:
- The names of any children or family members involved;
- The places that the children live or go to;
- The dates of birth of any children; and
- Any photographs of the parties or the children
Open reporting is currently reserved to children proceedings only and does not extend to financial claims on divorce.
If you need advice or assistance regarding children act proceedings, then please contact our Family team who will be pleased to assist.
