Transparency in the Family Court and the introduction of new media reporting rules

For years hearings heard in the family courts in England and Wales have been conducted in private with strict rules in place for the parties to maintain confidentiality. In many cases this level of confidentiality has been necessary to protect the privacy of the parties and their children, however, this high level of secrecy has drawn criticism over the lack of transparency, accountability, and justice, all of which can undermine the public’s confidence in the family justice system.

The reporting pilot and its expansion

In an effort to promote transparency, in 2023 new reporting rules were introduced under the Transparency Implementation Group’s reporting pilot which permitted accredited journalists and legal bloggers to report on family court proceedings in a far more detailed manner, on the condition that the anonymity of families and certain professionals involved in the proceedings are maintained. This reporting pilot was initially trialled in three courts in England and Wales before it was extended and enabled journalists and legal bloggers at those courts to:

• report on the family court proceedings heard at those courts, unless a judge prohibited publication;  
• allowed their access to certain case documents; and
• permitted local authorities and expert witnesses to be named, while still maintaining  the anonymity of the parties and the children involved.

Nationwide implementation and what it means for families

Following the successful completion of the reporting pilot and in all cases reported on, anonymity being upheld, as of 27 January 2025 journalists are now permitted to report on family court cases across all jurisdictions in England and Wales.  It will be up to the discretion of the judge whether it is appropriate for cases to be reported on and to ensure that confidentiality is preserved, judges will issue transparency orders which will specify exactly what can and cannot be reported.

These reforms mark a significant step forward in promoting openness in family proceedings and have been described by the President of the Family Division, Sir Andrew McFarlane, as a “watershed moment for family justice”. Only time will tell whether there has been an increase in transparency and trust and how much these changes have impacted public understanding and awareness of the family court system.

For families involved in court proceedings the potential for media attention may be unsettling, however, it is essential that they are aware of the protections in place to uphold their privacy.