Family Court Transparency Orders – 2025 Changes

Following a 2 year successful pilot,  journalists will now be able to attend and report from any Family Court in England and Wales.

This scheme was approved on 27 January 2025 and will start to roll out across the Courts this year.  This will include both private family disputes and cases involving social services.

The aim of this scheme is to is to increase public understanding and awareness of the Family Courts and improve transparency and accountability of the system.

Previously, accredited journalists could attend a family hearing but only report on what they heard if they were given permission.  This is no longer the case.  Journalists, and qualified legal bloggers, can now report and quote what they hear.

How Can Journalists Apply?

They will need to obtain a Transparency Order.   There will be a presumption these orders will be granted in every case, unless there is a good and legitimate reason for them not to.  Judges still do have the power to refuse the orders, and not allow the press to attend, but it is understood that this will be rare.

Can I Object?

You can tell the Judge that you do not want your case to be reported, but they will have the final say.  You cannot ‘opt out’ of this scheme.  The Judge can allow your request to stop reporting, change the Order so that there are more restrictions, or leave the Transparency Order in place, as it is.

What Can They Share?

Parties details will be kept anonymous and there have been no breaches of this under the pilot scheme.  There will also be some other restrictions including, but not limited to, anything that could identify the family such as school or employer details, hospital details or name of any medical professional involved, or any photographs of you or the children.  In cases involving sexual abuse, reporters will not be allowed to share details of the abuse.

Journalists will be able to report on what they see and hear in Court.  They will also be able to access some Court documents and be able to quote directly from these (as long parties are still kept anonymous and no personal details are shared).  They will also be able to talk directly to families without any party being in Contempt of Court.

You do not have to speak to a reporter unless you want to.  If you do,  you can only speak to a reporter who has already attended a hearing in your case.  It will be up to them to make sure anything included in their reports is allowed to be published.  You shouldn’t share any documents with them unless the Judge says you can.

The Transparency Order will set out exactly what journalists can and cannot share in each individual case.

Does This Mean I Can Share Information About The Proceedings Now?

No.  This scheme does not allow you or any other party to report or publish anything about the case.  Even if there has been media reports on it you must not comment on this or interact with it on any websites or social media.  This is to ensure that you and the children cannot be identified.

If you do, you could be breaking the law

What Does This Mean Going Forward?

Families and lawyers will need to be aware that journalists could be present during their hearings.  The pilot has been positive, but it is recognised that there is a fine line between transparency and privacy.  We understand that the worry of personal and sensitive information being shared might add to the already stressful pressure of these proceedings. Hopefully, the strict anonymity rules mean that this scheme could be a balance between the two and help to build public trust with the Family Courts.