Following the news that court reporting has been extended to enable accredited media and legal bloggers to report on private family law court cases, the Law Society of England and Wales and family lawyers have provided their thoughts on the potential impact for both practitioners and the wider public.
The pilot was launched in January 2023 and initially allowed public law cases to be reported on in Cardiff, Leeds, and Carlisle. The pilot was extended to private law cases in May 2023; and in January 2024 a further 16 courts were introduced, allowing for public law cases to be reported on. This latest extension sees private law cases added to those 16 courts from 15th July 2024.
Each case is subject to a “Transparency Order” setting out the rules of what can and cannot be reported with the pilot being undertaken and monitored by the Family Division’s Transparency Implementation Group Reporting Pilot (TIG).
Commenting, Law Society of England and Wales president Nick Emmerson says
“Transparency and open justice are important to help the public understand how the law works and how decisions are made. They can raise awareness of what the rule of law and access to justice mean and why they are important. Transparency in the family courts also shines a light on how the courts work for ordinary people and the decisions they can and cannot make for families. Provided it is done in a sensitive manner and the identities of vulnerable parties are protected, reporting these cases is a valuable tool in informing the public.!
We are pleased that both private and public family law courts are in the pilot, meaning that cases between couples as well as those concerning state intervention in the safety and wellbeing of children, can be reported. More people will be aware of the complexities facing some families in the courts. Open reporting is one important step to improving our family courts – which still have severe backlogs – and we hope it will help further public understanding of these challenges.”
Lauren Roche, Partner at Stowe Family Law, says of the expansion:
“The pilot itself was brought in to improve trust and transparency in the court systems, allowing accredited media reporters and bloggers to sit in on cases and report on them, providing specific rules were adhered to. This latest extension means that journalists can report on children matters, subject to a Transparency Order setting out the rules of the reporting, including anonymity rules. These will be particularly strict considering the involvement of children. The pilot is providing an opportunity for the family division to understand the impact of reporting, and how transparency can improve trust in the family justice system.
Whilst some may be concerned about opening up the private law cases to reporters, it is a positive step in improving confidence in the system. One of the most significant barriers to people seeking help with their legal issues is the misinformation that surrounds the law and the handling of public and private family cases. Reporting on cases, within the appropriate remits, will give the public the correct information, an understanding of the process and should bring credibility to the court system.
Family law professionals should be open to the changes being brought about but be on hand to reassure clients that the process is carefully monitored. I am pleased to see such good progress in the pilot, and look forward to seeing the positive results of this next stage.”
