Groundbreaking Pilot reporting in the Family Court introduced to 16 more Courts across England

The innovative Transparency Implementation Group Reporting Pilot has been extended to more courts across the country. This initiative, first introduced in 2021, allows journalists and bloggers to report on public and private children law proceedings, bringing unprecedented transparency to the family justice system.

Traditionally what happens in the Family Court stays in the Family Court as these are strictly private and confidential proceedings which cannot be reported on in the media. However, this position shifted slightly with the introduction of the Transparency Implementation Group Reporting Pilot in 2021 which first allowed the media to report publicly on what they see and hear in family law cases. As of 29 January 2024, due to the success of the pilot and the positive impact it has had, the pilot has now been extended to 16 more courts in London, the Midlands, the North and South of England which is almost half of all family courts.

What can be reported?

Journalists and bloggers will not only be able to attend and observe hearings, but they will also be able to report publicly on what they observe at hearings for public and private children law proceedings. However financial remedy proceedings are excluded from being reported on as well as occupation and non-molestation orders under the Family Law Act 1996.

Despite this there will be strict rules in place to maintain the anonymity of the children and the family who are before the Court so the case cannot be reported on freely. The media will also not be allowed to report on the intimate details of the case or the families (such as their address for example) and photographs of the parties cannot be released, which will aid confidentiality of those involved in the proceedings. Any names will be changed or anonymised with the use of letters. Rest assured that families will be protected from unwanted publicity, public scrutiny and from having their ‘dirty laundry’ aired for the public to comment on.

Another rule implemented to ensure the parties to these proceedings are protected is that journalists will first need the permission of the Judge to report on what they have observed at the hearing. This permission will be granted through the Judge making a ‘Transparency Order’ which sets out the rules of what can and cannot be reported. The Court will therefore partake in a balancing act to protect the party’s rights to privacy and family life, as well as the rights of the press and the public. The Court will also retain the discretion that there should be no reporting of the case at all, depending on its circumstances.

Why?

There is an increasing argument as advocated by the President of the High Court in the Family Division, that there needs to be transparency in the family justice system to improve public confidence and understanding of the justice system as a whole so people will know what to expect and have an insight into how proceedings are dealt with and how cases are run in the Family Court. It will also help to shine a light on the things that the family justice system does well, as well as the things that need to be improved on so those seeking the help of the Court can feel that justice is being done and that also the Court is being held accountable.

Whilst the idea that cases can be reported on is daunting for the parties involved, there are several protective measures in place to ensure that their privacy is protected. The pilot as a whole is seen as advantageous in bringing transparency to the family justice system which in turn will help improve its shortcomings and improve this service to ensure the public get the best access to justice.

Written by Megan Porter (Trainee Solicitor)

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