Groundbreaking new laws bring transparency to the Family Court

New rules will give journalists access to request a transparency order to report on Family Court hearings in England and Wales for the first time, following the introduction of groundbreaking new laws.

The question of whether there should be more openness in the conduct of Family proceedings has been debated for more than 30 years. However, from Monday 27 January 2025, journalists and legal bloggers have finally been able to report on what they see and hear within any family court hearing, subject to the Court having first made a transparency order.

Rayma Collins is a collaborative family law specialist and Head of Family at leading south east law firm Furley Page. Rayma said: “Family Courts have huge power to intervene in private family lives. They determine how much time children should spend with each parent, which parent a child should live with and, most importantly, whether a child should be removed altogether from their parents’ care.

“The new open reporting provisions now apply in all Family Courts in England and Wales, subject to the judge granting a ‘Transparency Order’. There is a presumption that a transparency order is more likely than not to be made in a family case, which means Court hearings are likely to become much more openly reported in the wider press. Under the new provisions, reporters will now be able to request certain Court documents and to quote people involved within those Family Court proceedings.”

The intention behind the decision to open the Family Courts to greater transparency was highlighted by the President of the Family Division Sir Andrew McFarlane, who said: ‘The establishment of the open reporting provisions in all family courts….is a watershed moment for family justice. Improving public understanding and confidence in the Family Court is of fundamental importance.’

Rayma continued: “Until now, there has been a veil of secrecy thrown over these important decisions so it is hoped that greater transparency in the Family Court will now ensure a clear understanding of why certain judgments are made.

“There have been many distressing headlines recently in the wider press about decisions made in the Family Court. Most people will have read about the horrifying case of Sara Sharif who was abused and murdered by her father and stepmother in 2023, following her return to the family after historic lengthy Court proceedings relating to her (and her siblings’) care.

“Following these recent reporting changes, a High Court Judge decided to release documents about Sara’s case adding ‘The extent to which I have permitted disclosure and publication is to enable scrutiny of the processes and decision-making which occurred…The responsibility for Sara’s death lies on her father, her stepmother and her uncle, not on social workers, child protection professionals, guardians or judges.’

“Every day, judges and magistrates in the Family Court in England and Wales, hear cases which affect the most personal, and often the most important, aspects of an individual’s life. The previously largely closed system, where no account was given of how the court operates, often led to accusations of ‘secret’ justice and unsound, unfair or wrong decisions being made.

“Family lawyers hope that openness and accessibility to the work of the Family Court may help to dispel such accusations, whilst also enhancing the system and improving the abilities of those who work within it.

“Time will tell, but it is also anticipated that these new rules may lead to a wider uptake for alternative methods of non-court dispute resolution options. These include mediation and collaborative law, which can both be viable alternatives to traditional Court proceedings, offering families a more discrete way to resolve their disputes without court intervention at all.”

If you would like to know more about the non-court dispute resolution alternatives offered by Furley Page, please do not hesitate to contact Rayma Collins or a member of the Family law team on 01227 763939.