A New Era of transparency in Family Law

The landscape of Family Law in England and Wales is undergoing a major transformation as a new Transparency Rule takes effect.  Implemented on 27 January 2025, these changes seem to shed light on the often-misunderstood workings of the Family Court, fostering a greater public understanding and trust within the system.

One of the most significant aspects of these rules is the allowance for accredited journalists and legal bloggers to report on Family Court proceedings.  While family courts have traditionally been closed to the public to protect the sensitive nature of the cases, these reforms strike a balance between transparency and privacy.  A Transparency Order must be granted for reporting, ensuring the anonymity of children and families involved unless there are compelling reasons to disclose identities.

The changes stem from a pilot program launched in Leeds, Cardiff and Carlise in 2023 which demonstrated the benefits of increased openness with the rules then being spread to a further 16 court areas in 2024.  The success of the pilot program has paved the way for a phased rollout of the new rules, starting with Public Law case then expanding to Private Law cases and Magistrates’ Courts by the end of 2025.

The President of the Family Division, Sir Andrew McFarlane, heralded this as a “watershed moment for family justice”.  He emphasised that transparency is crucial for accountability, trust and enabling the public to understand the decisions that shape families lives.

Journalist now have access to court documents and the ability to quote individuals involved, provided that anonymity is maintained.  This ensures that the public gets a clearer picture of how and why decisions are made, all while upholding the dignity and rights of those at the heart of the cases.  This also involves ensuring that any information which could be linked back to the families is confidential, such as, details of any schools, medical professionals and employers.  The scheme also ensures that in cases involving sexual abuse, reporters will not be allowed to share details of the abuse.

It is important for anyone currently within the court process, or finding themselves involved within it in the future, that you understand you do not have to speak to a reporter unless you want to.  If you do, however, it is important to note that you can only speak to a report who has already attended a hearing in your case.  All of these proceedings will remain private and confidential and, therefore, you could still be held in contempt of court should you disclose any information to any third party who has not been involved in the hearings previously.

These rules reflect a broader societal shift towards openness in public institutions.  By providing a window into the workings of Family Law, they aim to dispel any myths, highlight the challenges faced by the courts and showcase the human stories behind all the legal jargon.

As this transformative initiative unfolds, the Family Court takes a bold step into a new era – one of trust, openness and a better understanding for all.

For more information or guidance, please contact our Family Team.