From early next year, journalists and legal bloggers will be granted broader access to report on family court cases in England and Wales.
The Ministry of Justice (MoJ) has approved the permanent expansion of transparency measures, currently limited to pilot courts. Starting January 27, 2025, reporters will be able to request transparency orders in all family courts, enabling them to access documents, report on proceedings, and speak to families, provided anonymity is maintained.
Previously, journalists and legal bloggers were allowed to attend hearings but faced strict reporting limitations. While judges will still have discretion to deny requests, the default position will favor openness.
The rollout of these changes will be staggered, beginning with public law cases (such as care proceedings) before expanding to private law cases (including custody disputes) and finally, magistrates’ courts.
Family courts wield significant powers, such as determining child custody or removing children from parental care. These decisions have profound impacts, as demonstrated in cases like Sara Sharif’s, where family court rulings placed her with her father and stepmother, who were later convicted of her murder.
Lucy Reed KC, founder of the Transparency Project, welcomed the expansion, calling it “a great step forward” but emphasised the need for “cultural and practical changes” to achieve full transparency.