Increased transparency in the Family Court set to give journalists more access and reporting freedom

In 2023, a pilot scheme was introduced that aimed to increase transparency in certain Family Courts. With effect from 27 January 2025, the Ministry of Justice has approved the widening of this scheme to include all Family Courts across England and Wales. This means that all court users — including lawyers, judges and individuals who have family matters heard — must be aware of the implications of this drive for transparency.

Here, Katie Coleman and Amy Harris reveal what you need to know about journalist access, anonymity and alternatives to court proceedings.

Why are the Family Courts increasing transparency?

Historically, the privacy of Family Court proceedings has been strictly protected. Reporting on court proceedings related to children is a serious offence that effectively blocks journalists' ability to access, investigate, expose or discuss the work of the Family Court with any degree of specificity.

The pilot scheme was intended to test a relaxation of these rules to enhance greater public awareness of family justice. This followed a widespread campaign over several years from the likes of The Transparency Project, who’s mission statement includes seeking to “promote the transparency of Family Court proceedings in England and Wales through providing straightforward, accurate and accessible information for litigants and the wider public.”

When the press and the parties themselves are unable to discuss the details of Family Court cases, there’s an almost insurmountable barrier to public discussion which arguably limits accountability. 

Sir Andrew McFarlane — President of the Family Division of the Courts — acknowledged these concerns and published a Transparency Review Report on the subject in October 2021. He recognised the need for a major shift in culture and process to increase transparency in several respects. 

Transparency orders for journalists and bloggers

Under the new rules, journalists and legal bloggers will be able to request what are known as ‘transparency orders’ in Family Court proceedings across England and Wales. 

In effect, this means that journalists and legal bloggers will have:

• More access to family members involved in court proceedings. In some circumstances, they may be quoted in the press.
• More access to certain court papers which were previously heavily restricted.
• Greater license to report the events taking place in the courtroom.

The rollout of the scheme to all Family Courts will be gradual, taking place in stages. Initially, the new rules will apply to public law cases only (such as care proceedings). From May 2025, the rules will apply to all private law proceedings (such as disputes over living arrangements for children between parents). Finally, the rules will apply to hearings that take place before the Magistrates Court (anticipated to apply later in 2025). 

Is transparency a threat to anonymity in Family Court proceedings? 

While news of the pilot scheme’s rollout has been well received, understandably there are some concerns about what the changes will mean in terms of privacy. 

The relaxation of access to information in the Family Court will be carefully managed, particularly given the significant departure from the status quo. Privacy and the protection of welfare for those subject to (or involved in) the family justice system remains an important counterbalance, particularly where children are concerned. It should therefore be stressed that the move towards greater transparency doesn’t preclude anonymity. From the publication of the Transparency Review Report in October 2021, it has been made clear that any increase in transparency must be implemented alongside rules to protect the safety and anonymity of children and adults who come before the court.

Journalists and legal bloggers must seek for a transparency order to be made by the Court, which will determine what can and can’t be reported. The Family Court Annual Report of October 2023 to September 2024 highlights that: “A great deal of care was taken in formulating a standard order, which prohibits the reporting of the most common pieces of the jigsaw information that may lead to identification, and the protection of certain professionals”. This should provide some reassurance and it’s hoped that the rollout of the pilot to all Family Courts will represent a step forward and increase confidence among court users. 

It should be noted that the cases heard in the Family Court involving finances have been reported in a way that is capable of identifying the people involved for a long time and that will continue. There is an expectation amongst legal practitioners that we will see more cases reported in the future — and of those, possibly fewer will be anonymised than has been the case in the past.

Can I resolve a family law matter outside of court?

If you’re involved in a family law dispute and particularly concerned about privacy, the best way to resolve your dispute may be through Non-Court Dispute Resolution (also known as NCDR or ADR, alternative dispute resolution).

NCDR refers to the forms of dispute resolution that take place outside the Family Court. This is strongly encouraged by the Family Courts where appropriate. Unless a valid exemption applies, there can even be cost consequences for any failure to consider or engage in NCDR, as there’s generally an expectation that NCDR will have been attempted before Family Court proceedings are issued. 

The most common forms of NCDR are mediation, negotiation through solicitors, private financial dispute resolution hearings (FDRs), early neutral evaluations (ENE) and arbitration. This is not finite and there are various variations and hybrid options available to suit your circumstances. NCDR guarantees total privacy, and it ensures the decisions remain in the hands of the parties’ involved. NCDR is also generally quicker and more cost-effective as a method for resolving disputes than court proceedings. However, NCDR is not suitable for all cases and many cases involving domestic abuse, child protection or serious welfare concerns will not be suitable for NCDR.

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With a wealth of expertise in acting as both participant and tribunal during Non-Court Dispute Resolution, we can advise you on the most effective route to securing a positive outcome.

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