Journalists and legal bloggers were first allowed into private and public law cases in the family courts in Cardiff, Leeds and Carlisle in January 2023 for the pilot, extending in January 2024 to public law cases at 19 family courts—nearly half of the total—and in July 2024 to include private law as well as public law cases at all the courts. Sir Andrew McFarlane, the president of the family division, described the extension as ‘another significant step in the judiciary’s ongoing work to increase transparency and improve public confidence in, and understanding of, the family justice system’.
Under the pilot, accredited journalists and bloggers are permitted to report on what they see and hear, subject to strict anonymity of family members and children involved and as long as a transparency order has been granted. To date, there has been no known breach of anonymity in reporting.
From 27 January, the reporting provisions will apply to all family courts. This means there will be a presumption that a transparency order is granted, unless there is a legitimate reason not to.
The rollout was approved by the Family Procedure Rule Committee last month and will be implemented step-by-step starting with public law cases then private law cases then magistrates’ courts.
A transparency pilot in financial remedy cases is also being rolled out nationally. The pilot has been running in Birmingham, Leeds and the Central Family Court since January 2024. It was extended to the Royal Courts of Justice in November.
It will apply to financial remedy proceedings in all courts from 29 January, under a pilot extension until January 2026.
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