As of 27th January 2025, journalists and legal bloggers will be able to attend and report on family court cases across England and Wales. This comes from a recent change that has been approved by the Ministry of Justice which is being rolled out following two pilot schemes that have been in place since January 2024. This is relevant to financial and children cases which include both public, private law cases.
What can they report on?
There are some restrictions regarding what can be reported which include but are not limited to the parties names and addresses, the names of all children, the address of any schools, employers, details of any alleged abuse etc. Striking the balance between confidentiality and transparency is a difficulty that the court has faced due to the issues surrounding anonymity. The change allows for reporters to have a greater freedom in terms of what they include within any reports while particular details remain anonymous.
Journalists and legal bloggers are able to have access to certain documents within the case and they can include material from these documents, providing anonymity is maintained. These documents include, case summaries, position statements and court orders which have been appropriately anonymised.
How can they apply?
Journalists and legal bloggers will need to obtain a Transparency Order but it is understood that the court will generally not oppose this being granted due to the presumption that journalists and legal bloggers (lawyers) can report on family law cases. Judges have the power to refuse journalists and legal bloggers to attend hearings but the circumstances where this is applicable are very specific. No offence will be committed under Administration of Justice Act 1960 providing the order is adhered to.
The pilot scheme was launched to try and alter the reputation that family courts and the reports from the scheme have been positive.
What does this mean going forward?
Both clients and lawyers representing them at court must be alive to the fact that journalists or legal bloggers can be present during a hearing within both Financial Remedy Proceedings and Children Act Proceedings. Please be assured that all reports should remain anonymous and there have been no issues within the pilot scheme around anonymity.