Family Court Reporting Pilot Extended To Other Courts

The Family Court Reporting Pilot which allows accredited media and legal bloggers to report on what they hear during family Court cases while keeping to strict rules of anonymity has recently been extended to almost half of all Family Courts.

The pilot aims to improve transparency in the Family Court justice system. It was initially due to run for one year and was launched in Leeds, Cardiff, and Carlisle. It permits lay parties to speak with journalists and give anonymous interviews. This wasn’t previously allowed, as a person could be found in contempt of Court for doing so.

The Pilot will be extended to 16 family Courts throughout England and Wales from 29 January 2024. The following Courts will now be taking part:

This will initially apply to Public Law proceedings, with Private Law proceedings coming in later in the year. Family Judges hearing cases in the Courts taking part in the Pilot will make transparency orders that specify what can and cannot be reported on.

The judiciary has commented that the ability to report on these cases “is being piloted to make sure it can be done safely and with minimum disruption to those involved in the cases, and the courts”.

Family Division President, Sir Andrew McFarlane, commented that the roll-out of the Pilot Scheme followed a “pioneering year of reporting from Leeds, Cardiff and Carlisle.”

Adding:

Sir Andrew McFarlane invited journalists to “read the guidance and come to the family courts to see the vital and challenging work that is done there.”

What is the Reporting Pilot Scheme for the Family Courts?

According to the original guidance released on the Reporting Pilot Scheme:

Under the Pilot, designated reporters have been allowed to name local authorities in care proceedings, the Director of local Children’s Services, the legal representatives involved in the case, and the experts appointed by the Family Court. However, reporters are not able to reference the names of social workers (unless permitted by the Court), any medical professionals treating the children of relevance to the case, and/or any family members involved.

Commenting on the introduction of the Reporting Scheme in the Family Courts at the start of 2023, Sir McFarlane said the move was a “really big change”. Adding that for a long time the problem of making the Family Courts more of a public space had “sat in the too difficult box” due to the challenge of “squaring the circle” of improving public confidence while keeping the anonymity of children and parents.

Further details of the Family Court Reporting Scheme can be found here.

Comment

At Nelsons, Melanie Bridgen, Partner in our Family Law team, advised in one of the first cases to have media involvement and is a staunch supporter of greater transparency in family proceedings.

There needs to be greater transparency in family proceedings. Allowing reporters and legal bloggers into Court must be seen as a step forward, subject to appropriate protections for any child who is subject to the proceedings.

The Family Court is often seen as the secret Court. Decisions are being made behind closed doors without the public seeing what is going on as the media are not routinely allowed to report.

In 2022, a case we were involved in – Griffiths v Tickle – partly concerned itself with the subject of transparency in family proceedings and publication. The case concerned our client, Kate Kniveton MP, who was represented by Melanie Bridgen from our Family Law team, and her ex-husband, Andrew Griffiths, a former minister who raped and abused her during the marriage.

If the press is allowed to report on what is happening in family proceedings this will hopefully empower the public in their decision-making when faced with the breakdown of a relationship, abuse, or conflict over the arrangements for their children.

The extension of the Reporting Scheme is very much welcomed, and it should be regarded as a positive step forward.