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News

Open Reporting Provisions Extended to All Family Courts in England and Wales

On Monday, 27 January 2025 open reporting provisions were officially extended to every family court in England and Wales, following a pilot last year.

family reporting

Bradie Pell

This order is a significant step towards greater transparency in the judicial system as it allows accredited journalists and legal bloggers to report on family court proceedings, provided that Transparency Orders are in place to protect the anonymity of children and families involved.

The pilot scheme was launched to increase public understanding of how family courts operate. These new rules mean that reporters can observe hearings, access documents and interview the participants in the proceedings.

This new access will hopefully increase understanding in what has previously been a private and misunderstood area of justice. It will mean more accountability without compromising the safeguarding and privacy of those involved.

Commenting on the development, Sir Andrew McFarlane, President of the Family Division, hailed the change as transformative:

“The establishment of the open reporting provisions in all family courts in England and Wales is a watershed moment for family justice.

This milestone reflects our commitment to transparency, public confidence, and better understanding of the important work undertaken by family courts. I am grateful to all in the court system who have supported the pilot.”

While family courts deal with sensitive matters such as custody disputes, adoption, and domestic abuse cases, the use of Transparency Orders makes sure that identities remain confidential.

Why Transparency Matters

Historically, family courts have operated behind closed doors, attracting criticism for their perceived secrecy. Many people within the Legal and Justice professions have long fought for greater openness, arguing that it builds public trust and gets rid of misconceptions about court processes. By allowing responsible reporting, the order aims to foster accountability, quash myths, and promote informed discussions about family law.

Bradie Pell, Partner and Head of Family Law, welcomed the changes:

“The extension of open reporting provisions to all family courts is a significant step forward for family justice. It promotes transparency and accountability while maintaining the critical safeguards that protect vulnerable individuals.”

What Does This Mean for Families?

The introduction of open reporting provisions will not compromise the privacy of families and children involved. Transparency Orders are in place to prevent the identification of the parties, and only authorised reporters who meet strict criteria can access the proceedings.

Critics of the previous pilot scheme raised concerns about potential breaches of confidentiality, but extensive consultation and safeguards have aimed to address these challenges.

Next Steps for Transparency

As the provisions are rolled out nationwide, the judiciary will monitor their implementation closely. The hope is that this increased openness will inspire confidence in the family court system while setting a benchmark for how sensitive cases can be reported responsibly.

The success of these provisions lies in finding the delicate balance between public interest and personal privacy. Today’s milestone reflects a move towards a more open and accountable system and one that remains firmly focused on protecting the parties, families and children who rely on it.

Author: Bradie Pell, partner and head of family law

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