Family President hails extension of open reporting provisions to all family courts as “watershed moment”

The President of the Family Division, Sir Andrew McFarlane, has described the extension of open reporting provisions to all family courts in England and Wales as a “watershed moment for family justice”.

From today (27 January), the Family Court reporting pilot is to be rolled out nationally through changes to the Family Procedure Rules.

New ‘Reporting Provisions’ will apply in all family courts in England and Wales, meaning that journalists and legal bloggers will be able to report on what they see and hear whilst attending any family court, if a transparency order is granted.

The change means that there is a presumption that a transparency order, protecting the anonymity of the children and family, is granted, unless there is a “legitimate reason not to”.

According to the Judiciary, the extension of the open reporting provisions to the remaining family courts in England and Wales will follow “stepped arrangements”, as in the pilot, starting with public law cases, then private law cases and finally magistrates.

President of the Family Division Sir Andrew McFarlane said: “The establishment of the open reporting provisions in all family courts in England and Wales is a watershed moment for family justice.

“Improving public understanding and confidence in the Family Court is of fundamental importance. Over the last two years there has been a presumption that journalists and legal bloggers can report what they see and hear from pilot courts in England and Wales. The reporting that we have seen has been significant, and includes coverage of issues affecting some of the most vulnerable people in our society, such as: children subject to Deprivation of Liberty Orders; the need to limit parental rights for convicted paedophiles and cases of child neglect or abandonment.

“There have been no known breaches of anonymity of children, and the aims of the pilot, to increase public understanding and awareness of the Family Court, are being realised. I am grateful to all in the court system who have supported the pilot, but I would particularly like to thank all of the journalists and legal bloggers who have engaged with the pilot over the last two years and would like to urge them and others to continue to report on these complex and vitally important issues.”

The reporting pilot followed the President of the Family Division’s Transparency Review, and started in January 2023 in Cardiff, Leeds and Carlisle.

The pilot was extended in January 2024 to cover nearly half of the family courts in England and Wales.

According to the Judiciary, there have been no known breaches of anonymity in reporting under the pilot.

Lottie Winson