Following a judiciary-led pilot, Parliament has agreed that the family justice system should be more open. This means that certain journalists and lawyers are allowed to come to hearings and report on them.
Anything that is reported must be anonymised so that you and your family cannot be identified. This is to help the public understand how the courts work, while still protecting your family’s privacy.
Since Monday 27 January 2025 journalists and legal bloggers are able to report on what they see and hear whilst attending any family court, if a transparency order is granted. Journalists and legal bloggers can also request documents and speak to, and quote, people involved in proceedings. The open reporting provisions mean that there is a presumption that a transparency order, protecting the anonymity of the children and their families, is granted, unless there is a legitimate reason not to.
The President of the Family Division Sir Andrew McFarlane said: “The establishment of the open reporting provisions in all family courts in England and Wales is a watershed moment for family justice.
“Improving public understanding and confidence in the Family Court is of fundamental importance. Over the last two years there has been a presumption that journalists and legal bloggers can report what they see and hear from pilot courts in England and Wales. The reporting that we have seen has been significant, and includes coverage of issues affecting some of the most vulnerable people in our society, such as: children subject to Deprivation of Liberty Orders; the need to limit parental rights for convicted paedophiles and cases of child neglect or abandonment.
“There have been no known breaches of anonymity of children, and the aims of the pilot, to increase public understanding and awareness of the Family Court, are being realised. I am grateful to all in the court system who have supported the pilot, but I would particularly like to thank all of the journalists and legal bloggers who have engaged with the pilot over the last two years and would like to urge them and others to continue to report on these complex and vitally important issues.”
If the court allows reporting of your case, you will be sent a transparency order. The order details what can and cannot be reported.
A transparency order only allows journalists and lawyers to report on the case – it does not allow anyone else to publish anything about the case.
The transparency order does not allow you to report or publish anything about the case. This is to make sure that you and the children cannot be identified.
Even if there is press coverage of your case, you must not publish anything about it – including posting on social media – and you must not interact with any media coverage, for example, by liking or commenting on posts.
If you publish anything about the case, you could be breaking the law.
The link to the government guide for parents and family members regarding transparency in the family courts is here.
Resources:
22/1/26 – Financial Remedies – Further extension of the transparency pilot
Disclaimer: Nothing on this website constitutes legal advice and the inclusion of any other website or publication does not imply or mean an endorsement of the contents thereof. This website is maintained by legal professionals and whilst every effort is made to ensure it is kept up to date, users are advised to confirm that the links and documents provided are the most up to date versions.
Cheshire and Merseyside Family Court Forum 