In October 2021, the President of the Family Division, Sir Andrew McFarlane, published a report into transparency within the Family Court system. In a short blog series, we will be explaining what this report means for families in court.
Transparency has always been a challenging area in family law. On the one hand, it is important for the public at large to have confidence in the judicial system and to do so, they need to see what is going on. But on the other hand, the nature of family law means that much, if not all, of the proceedings consist of very personal and sensitive issues, including around children. In a bid to balance these considerations, Sir Andrew’s report concluded that ‘the time has come for accredited media representative and legal bloggers to be able, not only to attend and observe Family Court hearing, but also to report publicly on what they see and hear.’
Since 2009, the Family Court has been working towards greater transparency. Accredited members of the press have been able to attend certain family hearings since 2009. Although there was concern at the time by divorcing couples, the restrictions were so tight on what could be reported that the media quickly lost interest in attending. Legal bloggers were then allowed into courtrooms from 2018. And although there have been efforts to encourage judges to publish more judgments (often anonymised), there was still a clear divide between those judges who favoured hearings in open court and those who sought to maintain the privacy of families.
A pilot scheme took place between 2023 and 2025 to make it easier for journalists and legal bloggers to report on family cases about children. The changes that were piloted have now been made permanent and extended throughout England and Wales. These changes mean that journalists and qualified legal bloggers can now come into family court hearings about children, look at certain documents from the case, and report on what they see and hear with the permission of the judge. Parties involved in a case about a child can also talk to an accredited reporter about their case. Reporters cannot include any details about the case that will identify a child, such as their name, date of birth or photograph.
It is possible that these changes may result in more couples moving away from the courts and instead using mediation or arbitration to resolve their dispute - processes where proceedings can be kept confidential. However, at this stage, it really is a case of watch this space.
If you have any concerns or questions about transparency within the court system and how it might affect you, our team would be happy to help you.
This blog was updated on 27 February 2025 to reflect changes in the law.
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