The Family Procedure Rules governing the Family Court procedure have been amended to introduce a pilot scheme allowing journalists and legal bloggers to attend and report upon public and private law proceedings. This can include, but is not limited to, proceedings relating to the making or varying of child arrangement orders, care orders, supervision orders and emergency protection orders. The pilot scheme has been operative since January 2023 in respect of public law proceedings but was extended in July 2024 to operate in respect of private law proceedings.
Historically, family law proceedings have been conducted in private. If reporters wished to attend and observe hearings, they would require the court’s permission to do so via the making of a transparency order. Whilst this has upheld the privacy of the parties and children involved in the often sensitive-natured proceedings, the extent of this privacy has attracted criticism for the lack of transparency and consistency within the Family Court process.
In aiming to strike a balance between the need for privacy and the need for public insight into the Family Court process, the Ministry of Justice are trialling a pilot scheme enabling journalists and bloggers to attend certain hearings. The pilot scheme introduces a presumption that a transparency order will be granted. It will be for the parties to the proceedings to apply against the making of such an order, to prevent the reporting of the case. If the judge cannot find good reason to depart from the presumption of a transparency order being made, they will make such an order. When doing so, they will set out the rules as to what can and cannot be reported.
What information can be reported?
Media representatives attending proceedings under the pilot scheme are under strict regulation as to what they can report on. Where a transparency order is made, reporters will be authorised to publish information about the nature of the proceedings, the local authority/authorities involved in the case, senior CAFCASS personnel with involvement (but not the guardian allocated to the children), court-appointment experts, and more.
Where a transparency order is made, reporters must adhere to strict guidelines not to publish any identifying information about the parties or the involved children; such as names, dates of birth, school/hospital/placement names and addresses, photographs or medical professionals who have been treating the child, amongst other information.
How can we assist?
Being involved in Children Act proceedings can be a daunting experience in itself and whilst the pilot scheme enforces transparency and clarity as to the Family Court process, it will no doubt introduce a further level of anxiety amongst attending parties.
Our team of specialised lawyers have a wealth of experience in representing clients throughout the court process. We can assist in guiding you through the court process, offering you expert advice on the proceedings themselves, and the rules surrounding the pilot scheme. If you would like to discuss this further, please contact Lindsey Jackson of our Family Department on 01736 364014 or via laj@nalders.co.uk.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.