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Divorce and Children Law expert In what the President of the High Court’s Family Division has described as a “watershed” change, journalists can now report from the family courts in England and Wales.
The family courts determine cases profoundly affecting family lives, including financial matters and issues concerning which parent children should live with or whether they should be taken into care. Understandably, family court hearings are held in private, and although accredited journalists have been allowed to attend for many years, they have been prohibited from reporting. The new rules follow a two-year “transparency pilot“, beginning with three courts but now covering almost half of family court centres.
What can be reported on?
The change certainly does not signal a free-for-all, and significant restrictions remain. These include (but are not limited to) a ban on reporting:
- names and addresses of the parties and any children;
- addresses of employers and schools; and
- details of any alleged abuse.
Issues surrounding anonymity mean that striking a balance between transparency and confidentiality is difficult. So, while journalists now have greater freedom regarding what they can write, specific details must remain anonymous.
To report on a case, a journalist requires a Transparency Order. However, the family court should not generally oppose an order due to the presumption that journalists can report on family law cases. Judges may still refuse journalists permission to attend hearings, but the circumstances in which this applies are very specific.
Journalists can also access certain case documents, such as court orders, case summaries, and position statements, and can include information from these documents as long as they maintain anonymity.
What does this mean for family court users?
Both lawyers and their clients must be aware that journalists may be present during Children Act and Financial Remedy proceedings. Although potentially of concern, it should be noted that there were no issues concerning breaching anonymity within the pilot scheme.