
A landmark shift has occurred in the UK’s family court system with the introduction of new guidelines aimed at enhancing transparency and public access to family court cases. On 27 January, the Family Court reporting was expanded nationwide as part of updates to the Family Procedure Rules. Monday’s update comes after a successful two-year “transparency pilot,” (view previous blog here) which started at three family courts and has since been expanded to include nearly half of the family courts in England and Wales.
The extension of open reporting to all family courts in England and Wales will happen in stages, similar to the pilot program. It will begin with public law cases, followed by private law cases, and finally, the magistrates courts.
Family court proceedings, which have traditionally been private, will now be more open, providing the public with greater insight into how these cases are handled. These changes, described as a “watershed moment,” are expected to improve public understanding and foster greater accountability in the family justice system.
If you are involved in family court proceedings or simply want to learn more about how these changes might affect families and the public, this article will break down the key updates.
Why This Is Considered a “Watershed Moment”
The term “watershed moment” reflects the significant nature of these changes, as they mark a historic shift in how family courts operate. For years, there has been a delicate balance between the need for privacy and the desire for public openness. These new guidelines strike that balance by increasing the availability of information while still safeguarding the privacy of vulnerable individuals, such as children.
Many people are unaware of how family court’s function or why certain decisions are made. By making judgments more accessible and encouraging responsible media coverage, the hope is to foster trust in the family court system and allow for public scrutiny that can improve outcomes and ensure accountability.
Key Changes in Family Court Reporting
A larger number of judgments will be published online, allowing the public to view decisions made in family law cases. This initiative aims to offer a clearer understanding of how judges arrive at their rulings.
In all Family Courts, Journalists will be able to report on case details, as long as a ‘Transparency Order is granted and that they adhere to privacy safeguards. This change is designed to promote accurate, responsible reporting while respecting the privacy of those involved in the cases.
Note that the ‘Transparency Order’ does not allow the parties of a case to report or publish anything about their case including on social media.
Protecting your privacy in family court proceedings
Even as the push for transparency increases, the guidelines make clear that the privacy of children and vulnerable individuals must be protected. Sensitive information that could identify children or put any party at risk will be withheld or redacted to maintain confidentiality and safety.
The pilot will only allow a journalist who holds a UK Press Card, or a lawyer (also called a legal blogger) who is not associated with the case but is permitted to attend hearings just like a journalist. This will ensure that the reporting will be accurate whilst also adhering to the strict rules of anonymity
Conclusion: A Move Toward a Fairer, More Transparent System
The changes to family court reporting are a step toward a more open and accountable system. While the protection of vulnerable individuals, especially children, remains a priority, increased access to court decisions and media reporting will allow for more public scrutiny of the family justice system.
If you’re involved in family court proceedings, it’s crucial to understand how these changes could affect your case. Although transparency is increasing, the courts will continue to prioritise protecting your privacy and will take measures to ensure that sensitive details are safeguarded.