Opening up: the new Family Courts reporting provisions
Family courts and the justice system became considerably more transparent last month. The media and legal bloggers will be able to view and report on certain cases in family courts as part of new ‘Reporting Provisions’.
As the Courts and Tribunal Judiciary explains:
“This means 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.”
In order to report on these cases, a journalist will need to apply for a Transparency Order.
“Journalists will be able to request a transparency order in all family courts to allow them to report what they see and hear, access key documents and speak to families - provided they keep them anonymous.”
A huge step
The move toward greater openness came as a result of the 2021 report by Sir Andrew McFarlane on ‘Transparency in the Family Court’. Sir Andrew said that the reporting pilot was:
“A huge step in the judiciary’s ongoing work to increase transparency and improve public confidence and understanding of the family justice system”.
An initial pilot of the scheme started in January 2023 at Cardiff, Leeds and Carlisle, and was extended in January 2024 to half of the family courts in England and Wales. As of Monday 27 January 2025, these new ‘Reporting Provisions’ have been rolled out to all family courts in England and Wales.
What kind of cases are open to reporting?
At present, only specific types of cases can be reported on:
- Public law children cases (with private law children cases to follow from May 2025)
- Financial remedy proceedings taking place in all courts in England and Wales (from 27t January 2025).
The courts are very mindful of the need to keep some information private. According to published guidance from the President of the Family Division,
“A Reporting Order should be made entitling the reporter to see the ES1 (composite case summary form) and position statements of the parties, and setting out what reporting is permitted in the case, whilst preserving the anonymity of the parties, and the confidentiality of their most private details.”
Judges can turn down a request for a transparency order, but the expectation that this will be the exception rather than the rule.
Financial remedy cases
Financial remedies cases as part of a divorce will be open to reporting. Under current procedure, those appearing in court as a party to a divorce financial remedy case would have to give “full and frank” financial disclosure to the court.
If a journalist has been granted a transparency order, that means the information potentially becomes public, including:
- The valuation of their assets (including companies and pensions)
- How assets are to be divided
- Spousal and child maintenance issues
It’s important to note that financial dispute resolution hearings (FDRs) are NOT open to the public. This type of hearing involves just a judge, the two parties and their legal teams, and any details disclosed will remain confidential.
Transparency in other courts
The trial run of the new reporting system was extended in November 2024 to include public and private law cases before magistrates. Looking ahead,
“Implementation to the remaining courts will follow stepped arrangements, as in the reporting pilot, starting with public law cases, then private law cases and finally magistrates.”
Who can report?
According to the wording of the interim Transparency Order
“”Reporters" means duly accredited representatives of news gathering and reporting organisations and duly authorised lawyers attending for journalistic, research or public legal educational purposes (legal bloggers) (together referred to in this order as ‘a reporter’).”
What difference does it make?
Transparency in reporting enables journalists to get more information and reveal relevant details about the cases, that help people understand the case better. It has also enabled reporters to shed light on the circumstances behind (in particular) public child cases. However, reporting on financial remedy cases may lead to the release of financial data that those involved would rather not be made public.
It’s certainly one reason why the Pitt/Jolie settlement hearings were held in private, away from media attention. It’s also a strong argument for high profile and high net worth individuals to consider a private FDR, to avoid even going to a court building. (See our recent article.)
Looking for expert legal advice on divorce financial settlements?
Contact us here at LGFL. We have extensive experience in achieving financial settlements for high net worth and complex situations including those with SEND children involved.
We offer a 1 hour fixed fee consultation to discuss your specific circumstances and concerns. We aim to give you tailored legal advice and information, so you can proceed in the best way for you, your children and your future.