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Journalists allowed into family courts: But what does it mean for families?

In a new Transparency Pilot scheme, journalists and legal bloggers will be allowed to report on cases from select family courts in England and Wales.

Initially, the scheme began with just three law courts but, starting from 29 January, coverage of cases will be permitted in 16 additional family court centres across England, bringing the total to 19 out of 43 centres in England and Wales.

A key feature of the scheme is the protection of anonymity for families and individual social workers.

However, it will allow reporters to include the names of local authorities and some experts once Transparency Orders are granted.

But how long will this protection of anonymity for families last? Is it sustainable? What protections are in place for you and your family?

Where did this legislative change come from?

Reporters will now have the unprecedented ability to engage with families involved in cases, quote from relevant documents, and provide vivid descriptions of what transpires within the courtrooms.

This significant development has been lauded by Sir Andrew McFarlane, President of the High Court’s Family Division, who sees it as a substantial stride towards increased transparency and enhanced public confidence in the family justice system.

He encourages the media to witness the vital and often challenging work conducted in family courts.

Where will the scheme take place?

For those interested in applying for Transparency Orders, designated locations have been identified, including Liverpool, Manchester, West Yorkshire, Hull, the Midlands, Dorset, Truro, Luton, Guildford, Milton Keynes, and all family courts in London.

Initially, reporting will be confined to “public law cases,” wherein judges decide whether children should be placed into care.

Subsequently, this reporting scope will extend to “private law cases,” involving parental separations, and magistrates’ hearings of family cases.

Do we really need greater transparency?

It is worth noting that this move towards greater transparency is an attempt to address longstanding concerns about family courts.

For decades, there have been calls for increased openness in the family justice system, given its far-reaching impact on the lives of those involved.

Family judges hold significant power, as they can make profound decisions such as taking children away from parents or determining where children should reside, often amidst allegations of domestic abuse.

So perhaps having more transparency and allowing the public to witness what really goes on in court is a good thing?

What about the impact of this reporting?

On the one hand, we think this reporting has the potential to empower parents to better understand the system, while ensuring accountability and transparency.

On the other, we are keen to protect the rights to privacy of all those involved in family law cases – especially children.

So long as we do not see an encroachment on the privacy of our clients, we think the scheme has potential to do good and is probably a net positive change.

We will be watching future developments with keen interest and will certainly endeavour to update you if things change.

For more information on family law proceedings, please get in touch.

Stuart Daniel

Head of Family Department

I qualified as a Solicitor in 2006 and now specialise in divorce, financial settlements, childcare arrangements and Pre Nuptial Agreements. I have many years’ experience as a private family lawyer having worked with two other local firms before returning to Mander Hadley, where I first undertook work experience during my university studies.