Generally speaking, family proceedings are private so as to protect sensitive private and personal information, particularly about children, from entering the public domain. However, there has been criticism this opens it up to abuse because it operates behind closed doors. In contrast, most non-family legal proceedings are open to the public. This has led to much debate about making the family court more transparent, and therefore increasing accountability.
Generally speaking, family proceedings are private so as to protect sensitive private and personal information, particularly about children, from entering the public domain. However, there has been criticism this opens it up to abuse because it operates behind closed doors. In contrast, most non-family legal proceedings are open to the public. This has led to much debate about making the family court more transparent, and therefore increasing accountability.
If you have need help with your divorce and you feel you need legal advice, contact specialist family solicitor Mark Heptinstall of Slater Heelis Solicitors. He is recognised as a ‘Leading Individual’ in The Legal 500 and ranked in Chambers UK, and is described as having “the amazing ability to bring calm into troubled waters”.
Who can attend family court proceedings?
In 2023, the government launched the Family Reporting Pilot. In essence, its purpose was to increase transparency. Under the pilot, only accredited journalists and “legal bloggers” are allowed to attend court hearings. Legal bloggers also require specific qualifications. The report pilot initially only applied to Leeds, Cardiff, and Carlisle, and was restricted to public law cases involving care proceedings. But from 15th May 2023, the pilot was extended to include private law family cases predominately surrounding child arrangement issues.
In January 2024, this was further extended to 16 courts across the UK. The courts now taking part in addition to those mentioned above include:
- Liverpool
- Manchester
- West Yorkshire
- Kingston upon Hull
- Nottingham
- Stoke-on-Trent
- Derby
- Birmingham
- London: Central Family Court, East and West London
- Dorset
- Truro
- Luton
- Guildford
- Milton Keynes.
Financial cases, adoption, and placement applications are not reportable under the pilot scheme.
When can a journalist or legal blogger report about family cases?
The court will make a direction called a Transparency Order which sets out the rules of what can and cannot be reported in each case. Although it retains the power to order that there is no reporting in a particular case at all. The rules on what may or may not be reported will be set out in the transparency order, which is a type of injunction which compels reporters to be bounds by its terms.
The order will set out information that cannot be reported where it could identify a child by association. For example, their date of birth, school, or family members. It will also provide as standard that the name of the child’s GP is withheld, as well as any details of alleged sexual abuse. All children will remain anonymous unless the court directs otherwise.
The court may decide that a certain case warrants more or less reporting than the standard provisions given above. The local authority and name of any expert instructed will usually be named unless the court decides otherwise. Social workers names are generally withheld due to the sensitive nature of their work and the possible repercussions from family members.
What is included in a Transparency Order?
The court will consider whether to make a transparency order in any case where a pilot reporter attends a hearing, whether or not that is remotely or in person. As previously stated, the court retains the power to direct there should be no reporting. It also has a discretion to vary or discharge the transparency order at a later date or to direct that there should be no further reporting of the case. This can be exercised by the court of its own volition, an application by a party, or a pilot reporter.
Under the transparency order, a journalist will be able to identify:
- The local authority/authorities involved in the proceedings
- The director and assistant director of children’s services within the local authority (but not usually the social workers directly involved with the family, including the team manager, unless the court orders otherwise)
- Senior CAFCASS officers (but usually the guardian appointed for the child)
- Any NHS Trust
- Court appointed experts (but not treating medical professionals)
- Legal representatives and judges
- Anyone else named in a published judgment.
What is not included in a transparency order?
A standard transparency order will contain an instruction that the following must not be reported to the public, or any section of the public, without express permission of the court:
- The name/date of birth of any child in the case
- The name of any parent or family member who is a party or who is mentioned in the case, or whose name may lead to the child being identified
- The name of any person who is a party to, or intervening in, the proceedings
- The address of any child or family member
- The name or address of any foster carer
- The school/hospital/placement name or address, or any identifying features of a school of the child
- Photographs or images of the child, their parents, carer, or any other identifying person, or any of the locations specified above
- The names of any medical professional who is or has been treating the child or family member
- In cases of alleged sexual abuse, the details of such abuse
- Any other information likely to identify the child.
Can family members speak with journalists?
For the first time in pilot areas, family members will be free to speak to journalists without being at risk of contempt of court. It is also permissible for journalists to quote family members in their reporting, provided the family is anonymised. The parties are not permitted to publish information from the proceedings themselves; this includes republishing any media articles or blogs written under the pilot, where accompanied by a comment that may identify the child.
Are reporters allowed to see court documents?
A reporter who attends a family hearing is entitled to see certain documents. They are also entitled to quote from or publish the contents of those documents, provided they are anonymised. The permitted documents are:
- Documents drafted by advocates or litigants if a party is representing themselves. This could include case outlines, skeleton arguments, summaries, position statements, threshold documents, and chronologies
- Indices from the court bundle
- Anonymised orders within the case.
What are the reasons for allowing certain parties to attend family proceedings?
The aim of allowing journalists and legal bloggers into court is to encourage scrutiny of the family process, raise awareness of and improve public confidence. It is also hoped that greater transparency will ensure consistent decision making and accountability by the court. Its purpose is not to expose the private lives of couples who are going through divorce, financial proceedings, or agreeing arrangements for their children.
Find The Best Divorce & Family Lawyers Near You
We independently review and list the top divorce lawyers and family solicitors in the towns and cities near you. 100% free.
The information on this website is to be considered a guide and is therefore not legal advice. You use this information with the understanding that Wiselaw does not accept liability for any direct or indirect losses as a result of anyone relying on or acting upon the information on this website. Whilst we endeavour to provide accurate information, Wiselaw does not accept liability for any errors or omissions on this website.
