It was recently confirmed that, from 30th January 2023, for the first time, a presumption will be introduced that accredited media and legal bloggers will be allowed to report on family proceedings as part of the ‘Transparency Reporting Pilot’.

Read the full report here.

Are journalists allowed in the family courts?

Private law cases, such as those Gordons can assist with, are typically heard in private, with only the parties to the case and their legal representation being allowed to attend the hearing. With the introduction of the Pilot, there is a presumption that journalists will also be allowed to attend private family hearings. It will therefore be for the parties to show why journalists should not be allowed to attend their hearings.

Although judges may refuse members of the media permission to attend in specific circumstances, the intention is that members of the media should be able to attend most hearings if they wish.

For the moment, the Pilot is only in action in Cardiff, Carlisle and Leeds; however, the intention is that if the Pilot is successful, it will be implemented in every court across England and Wales. The Pilot is set to be reviewed in a year, after which further rollout of the scheme will be considered.

Reporting will be allowed only by accredited journalists and legal bloggers, provided they strictly preserve the anonymity of any children involved in proceedings.

Whilst concerns have been raised that issues dealt with in family courts will be sensationalized, it is hoped that thoughtful reporting will draw attention to the crisis currently going on in the family justice system- namely underfunding, extensive delays and backlogs, and a lack of legal aid and therefore access to legal representation.

What information will journalists have access to?

In cases involving children, journalists will only be provided with the daily cause list unless the judge has specifically directed more documents to be provided. They are not permitted to publish any information that makes the children identifiable but can name local authorities and high-level individuals involved in the case, such as court-appointed experts.

In divorce cases and financial remedy proceedings, journalists will be able to disclose the following information:

  • the names, addresses and occupations of parties and witnesses.
  • a concise statement of the “charges, defences and counter-charges” in support of which evidence has been given.
  • submissions on any point of law arising in the course of the proceedings, and the decision of the court on these.
  • the summing-up of the judge and the judgment of the court and observations made by the judge in giving judgment.

The general consensus from the public is that family proceedings are shrouded in mystery. The shift to reported proceedings will mean that the public will be able to hear the voices of the families who have gone through the system, improving the public’s understanding of family proceedings.

It is important to highlight that the anonymity of any children involved will be strictly protected.

Will the Pilot make a positive change for Family Courts?

A report issued by the president of the Family Division in October 2021 acknowledged that the current status quo did not allow effective scrutiny of the Family Court, which has unfortunately led to a loss in public confidence of the court.

The introduction of the Pilot is aimed at promoting public confidence in the family justice system and encouraging accountability.

Journalists being unable to report on family court cases has a major impact on the principle of open justice, and having journalists in court is hoped to improve standards in the family courts overall.

What if I don’t want my case to be reported on?

Being able to attend a hearing does not entitle members of the media attending proceedings to report more than limited details about the case, particularly if the proceedings concern children and/or are held in private.

It is recognized that there is a direct friction between transparency in the courts and respecting the right to private life of those involved in the cases, particularly children, afforded by the Human Rights Act 1998. These conflicting issues must be balanced by the courts.

The idea of details of one’s private family life being reported on may be distressing to some; however, it has been held that any discomfort caused to the parties does not justify excluding reporters from observing hearings in person.

In practice (and hopefully of some reassurance), it is highly unlikely that the majority of cases will attract interest from, or reporting by, members of the press.

To ensure privacy, and if both parties agree, you can seek to resolve the disputed issues outside the court system through Alternative Dispute Resolution (ADR) instead.

Please see our article discussing ADR for more information on resolution outside the courtroom.

How can Gordons Partnership help you?

Please get in touch with one of our team of family solicitors for advice. You can call 01483 451 900 or 020 7421 9421 or email sols@gordonsols.co.uk.

About the Author

Hannah Creasey

Trainee Solicitor