05 March 2025
Katie Andrews, Trainee Solicitor at AMD Solicitors considers the recent changes to reporting provisions in family cases.
Traditionally, family hearings have been held in private in the interests of protecting the parties and any children involved. This means the public were unable to attend hearings unless permitted to do so by the Judge. Furthermore, Orders within the family court include confidentiality clauses and must not be shown to anyone who is not a party without direction from the court.
Journalists have been allowed to attend private family hearings since 2009, however previously had no right to report on cases. In 2023, a pilot scheme known as the “Transparency Pilot” was launched in Carlisle, Cardiff and Leeds. Permitting accredited journalists to report on cases within the family court. In 2024, this scheme was further rolled out to an additional 13 courts across England and Wales.
As of 27 January 2025, the new provisions regarding reporting on family cases apply to all family courts in England and Wales. Journalists are able to report on family cases, provided the details of the families involved remain anonymous. There is a presumption that there is a transparency Order in cases unless there is a legitimate reason otherwise.
Sir Andrew McFarlane, President of the Family Division, expressed his understanding of resistance to the new approach. However noted that “improving public understanding and confidence in the family court is of fundamental importance”. And explained that the pilot scheme has been significant in including coverage of “issues affecting some of the most vulnerable people in our society”.
Under the new rules, journalists are able to talk to the families about their case if the family choose. However, they must follow the rules of the scheme and ensure that the details of each party remain entirely confidential. Judges still have discretion to decide that some cases cannot be reported on.
Whilst some are concerned this will make families more reluctant to share confidential information within the family court. There were no known breaches of anonymity in reporting during the pilot scheme and it is noted that keeping the parties confidential is a key element to the scheme’s success. Lucy Reed KC, chair of the Transparency Project, was positive about the rollout of the scheme and noted that “transparency is core to the work of the family court”.
The further transparency in the law could lead to clarity in areas of reform. And public attention in the interests of improving the family courts. Provided the confidentiality of the parties and the children concerned remains protected.
It is considered that an increase in transparency within the Family Courts will allow individuals to make a more informed decision when deciding whether to pursue their matter through the Family Court. This aligns with the recent push from the family courts to encourage individuals to pursue Non-Court Dispute Resolution ahead of bringing a matter to Court. Non-Court Dispute Resolution is encouraged to save time and costs compared to those when a matter goes to Court.
If you would like assistance from AMD’s Family Department. Please book an initial consultation by calling us on 0117 962 1205, by email to info@amdsolicitors.com or via our website.
