Contents
Transparency in Family Courts, where are we now?
Separation & Divorce
For many years, journalists and legal bloggers have been entitled to attend family court hearings (with some exceptions to this rule), but what they were able to report was heavily restricted. In turn this meant that journalists and legal bloggers rarely attended these hearings. This, coupled with the declining number of judgments being reported, called for greater transparency in the family justice system.
As a result, legal professionals and stakeholders were appointed to The Transparency Implementation Group (TIG) which undertook a review of the system and its’ transparency or lack thereof in family proceedings. This resulted in the launch of the transparency pilot scheme.
The pilot scheme
Family court cases are divided into finances and children which can be further divided depending on the law applicable in each case. As a result the TIG implemented two separate pilot schemes. These schemes were similar in lots of ways but there were some differences.
The Finance Pilot
This was a 12-month project that came into effect on 29 January 2024. This pilot was initially rolled out in Birmingham, Leeds and London’s Central Family Court. This was further extended to the Royal Courts of Justice in November 2024.
Following the implementation of the pilot the case lists in court had been updated to include the parties’ names and subject matter of the hearing. This was implemented across the board and not just the courts within the pilot.
Under the pilot reporters were entitled to see certain documents (Position Statements and Case Summaries) and could ask for additional documentation from the court.
Where a Reporter attends a hearing either remotely or in person, the courts would consider the contents of a transparency order, which governs what a Reporter could report without further express permission of the court. The current practice is to restrict the publication of confidential financial information where parties have been compelled to disclose their affairs as part of the proceedings.
The Children Pilot
In January 2023 the TIG implemented the transparency in both private law and public law cases starting in Leeds, Carlilse & Cardiff and subsequently extended this to a further 16 courts across the country.
Under this pilot the case names remained anonymous but used a code identifying the case issues and highlighting whether a journalist may attend or not. Again the reporters are entitled to see certain documents (case outlines, skeleton arguments, case summaries, position statements, threshold documents and chronologies) and could ask for further documentation from the court.
As with the finance pilot the courts will consider the terms of a transparency order governing what a Reporter can report and what would require express permission of the court to report. In children cases however, all reporting will be subject to the principle of anonymity in relation to children, family members and other specified parties, unless expressly ordered by the court.
Where are we now?
The Children Pilot
It was announced on 9 January 2025 that the transparency pilot covering children law cases would be rolled out nationally across England and Wales from 27 January 2025. The roll out is gradual and will follow the following stepped arrangements:
- From 27 January 2025 reporting provisions will apply to public law children proceedings other than those heard by lay justices (Magistrates).
- From 1 May 2025 the reporting provisions will apply to private law children proceedings, proceedings under the inherent jurisdiction, and proceedings under the 1980 and 1996 Hague Conventions, other than those heard by lay justices (Magistrates).
- From 29 September 2025 the reporting provisions will apply to children proceedings heard by lay justices (Magistrates).
As of 29 September 2025 reporting provisions will apply to all courts dealing with both private and public law children cases. Reporters are not entitled to attend the following hearings:
- First Hearing Dispute Resolution hearings in private law cases (where the judge plays and active part in the conciliation process).
- Proceedings for parental orders
- Placement or adoption proceedings
- Any other proceedings as identified in a Practice Direction.
The Finance Pilot
On 11 December 2024 The Honourable Mr Justice Peel and His Honour Judge Hess announced that the transparency pilot will be extended for a further year to 29 January 2026 and will be rolled out across England and Wales. It is expected that the reporting provisions will apply to all courts in early 2026.
Reporters are not entitled to attend Financial Dispute Resolution Hearings or other proceedings as identified in a Practice Direction.
What does this mean for you?
Firstly, there is no requirement on reporters, journalists or legal bloggers to give notice to the courts or parties involved that they intend to attend a hearing. This means that you most likely won’t know that a reporter will be attending your hearing until you get to court.
Although there are limits on what a reporter can report to the public to appropriately safeguard parties in proceedings, we cannot guarantee that you won’t be identifiable on the facts that are published. Judges also have the discretion to depart from these provisions and allow a reporter to publish more details than they would ordinarily on the basis that it would be in the public interest to do so.
We appreciate that for many this will cause an additional layer of concern or stress when involved in Court proceedings for family matters. It is important to note that the reporting provisions do not apply to cases that are settled outside of the court room, using the various forms of alternative dispute resolution (ADR) -now known as non-Court dispute resolution available – for example, private FDRs, early neutral evaluation, Arbitration or Mediation. If you have concerns about the transparency provisions, you should consider, where possible, the use of non-Court dispute resolution processes to settle matters where you can be assured of anonymity
Purcell Solicitors are skilled in all forms of non-Court dispute resolution as well as traditional litigation where this remains required. Please contact us to discuss how we can assist you with your particular circumstances.
Disclaimer: Please note that this page is for guidance only and does not replace legal advice. It is correct with the law at the time of publication but please be aware that laws may change over time. This article contains general legal information but should not be relied upon as legal advice. Please seek professional legal advice about your specific situation – contact us for dedicated help for you.
