From Monday 27th January 2025 the Family Courts opened their reporting provisions across England and Wales. These changes will enable accredited journalists and legal bloggers to apply for a transparency order and, if granted, they can attend hearings and report on them whilst also protecting the anonymity of the families involved.
Family Court hearings have traditionally been heard in private due to the sensitive nature of the issues involved. Accredited journalists have been able to attend hearings but only report on the case if the Court has granted permission. Following the success of the Family Court Reporting Pilot which began in January 2023 the Family Procedure Rule Committee have approved the open reporting provisions to cover all Family Courts in England and Wales. It is due to be rolled out in stages, beginning with public law cases and then incorporating private law cases and magistrates.
These new reporting provisions mean there is now a presumption in favour of transparency orders being granted, unless a legitimate reason is provided against. Transparency orders are subject to very strict anonymity conditions protecting the families and children involved.
Sir Andrew McFarlane, President of the Family Division, has commented that this change in reporting provisions is ‘a watershed moment for family justice’. The reporting to date has covered a wide range of complex issues affecting families across the country. This latest change represents another step towards increasing the public’s awareness of the Family Court.
The new provisions reflect judicial confidence in how the media has conducted itself since the pilot began. It is hoped that the increased open reporting in the Family Court will enable the public to have a greater understanding of the role of the legal system and its impact on the lives of families. There is the potential for reporters to comment upon areas of the law which may require development.
It will also shed light on the cost implications of cases and highlight the importance of engaging in non-Court dispute resolution (NCDR) methods wherever suitable, in line with the Family Court’s guidance released in April 2024, to ease the pressures faced by the Family Court.
How can Tozers help?
Tozers can play a crucial role in this evolving landscape by providing expert legal guidance and support to families navigating the complexities of the Family Court system. Our team of experienced lawyers is well-versed in family law and can help clients understand their rights and options, ensuring they are well-informed throughout the process.
