Effective 27 January 2025, the Family Courts in England and Wales have undergone a landmark shift towards greater transparency. This follows the successful pilot launched in 2023, which tested the feasibility of allowing media reporting while maintaining the privacy of vulnerable individuals.
Under the new framework, accredited journalists and legal bloggers are now permitted to report on family court proceedings in all courts across England and Wales. However, this is subject to a transparency order being granted by the court. These orders are designed to protect the anonymity of children and families involved in the case while allowing the public to gain insight into the workings of the family justice system. The presumption is now in favour of granting such orders unless there are compelling reasons not to.
In proceedings where a Transparency Order is made, it will allow the parties to discuss the proceedings with a journalist and, subject to the terms of the Transparency Order, permit the journalist to quote parties in their reporting. This means parties need to bear in mind that the details of their dispute may be reported in the press. It will not, however, permit the parties to themselves publish information from the proceedings where this would be restricted by the contempt law mentioned above, or rules of the court.
The key features of a Transparency Order are:
- Permission to report: It grants the media permission to attend hearings and publish information about what happens in court.
- Anonymity preserved: The order prohibits identifying details from being shared—such as names, addresses, schools, or any personal information that could reveal someone's identity.
- Scope defined by the judge: The judge sets out exactly what can and cannot be reported. This varies case by case.
- Protects welfare: Its purpose is to balance open justice with the need to safeguard vulnerable individuals, especially children.
The new provisions are being rolled out in stages:
- Since 27 January 2025, the new rules apply to public law cases (such as care proceedings) in all family courts.
- As from 1 May 2025, private law cases (being disputes between parents regarding the arrangements for their children) is now in place.
- Magistrates' courts will adopt the same provisions from 29 September 2029.
This phased approach ensures a smooth transition and allows for any necessary adjustments based on feedback and outcomes.
In addition to children's cases, the transparency provisions have been extended to financial remedy proceedings. From 29 January 2025, these too may be reported on by accredited media, again subject to court approval. This expansion is intended to shed light on how the courts deal with the financial consequences of family breakdowns, contributing to a more informed public understanding of family law.
The core objective of this reform is to enhance public confidence and accountability in the family justice system. Family court decisions have traditionally taken place behind closed doors. While privacy remains essential, the judiciary now seeks a more balanced approach—one that allows for scrutiny and understanding without compromising the dignity or safety of those involved.
Guidance and resources are available through the Judiciary of England and Wales and the Transparency Implementation Group, ensuring that reporters and legal professionals understand their responsibilities under the new system.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
