“Improving public understanding and confidence in the Family Court is of fundamental importance” – Sir Andrew McFarlane
Following the new guidelines, open reporting provisions now apply in all Family Courts in England and Wales. This means that from 27th January 2025, journalists and legal bloggers are able to report on what they see and hear whilst attending any Family Court, if a Transparency Order is granted (this was a privilege they did not previously have). Journalists and legal bloggers can also request documents and speak to, and quote, people involved in proceedings. President of the Family Division Sir Andrew McFarlane said: “The establishment of the open reporting provisions in all Family Courts in England and Wales is a watershed moment for family justice.”
The new provisions are based on the success of the Family Court Reporting Pilot, which began in January 2023 and was progressively rolled out over the next 2 years. By the end of 2024, the Family Procedure Rule Committee approved the expansion to all Family Courts, resulting in changes to the Family Procedure Rules and the introduction of new practice directions. The move towards greater transparency in Family Courts is now set to become permanent, no longer restricted to pilot courts.
The extension of open reporting provisions to all Family Courts in England and Wales will be implemented in stages. This will begin with public law children cases (where the local authority are involved), followed by private law cases, and finally Magistrates’ Courts.
Journalists will have the ability to request a Transparency Order in any Family Court, allowing them to report on proceedings, access key documents, and interview families, as long as anonymity is maintained. Previously, journalists and legal bloggers could attend Family Court hearings but were limited in what they could report.
While Judges will still have the authority to deny requests for reporting, there will be a presumption in favour of transparency. This change, which has been approved by the Ministry of Justice, is set to come into effect early this year. The rollout will be gradual, with transparency first applying to public law cases, such as care proceedings, followed by private law cases, typically involving parental separation, and eventually extending to Magistrates’ Courts. The push for increased transparency in Family Courts will now become permanent, extending beyond the pilot courts where it was initially trialled.
If you are in Court proceedings or would simply like some guidance about how these rules will affect your matter, then please reach out to our specialist family lawyers for advice. We recommend obtaining advice at the earliest opportunity. We offer a free exploratory call so that we can match your specific needs with the right person in our family team. For more information or to arrange an appointment with a member of our Family Team, please contact us on 01206 764477. The team can offer advice at one of our offices in Colchester, Chelmsford, Frinton-on-Sea, Ipswich or Bury St Edmunds, or by telephone or video appointment. We are also proud to support Blue Light members and offer a discount on our initial fixed fee meeting.