What is family court transparency?

Vivienne Middleton, partner in the Family Law team at Lodders, discusses the upcoming change to family court transparency and the implications for family law cases.

Family court transparency explained

Family court transparency means that journalists and legal bloggers are allowed to report on family law cases across England and Wales, with the aim of making family justice more accessible and understood by the public.

Previously journalists could attend family courts but were limited in what they were allowed to report. However, in January 2023, a pilot reporting scheme was carried out in Cardiff, Leeds and Carlisle, which permitted journalists to request a transparency order in all family courts, enabling them to report on proceedings, access essential documents, and communicate with families, providing their anonymity was preserved.  Proving successful, the pilot was then extended to cover nearly half of family courts in England and Wales throughout 2024.

The Ministry of Justice has now permanently approved the change, meaning that from Monday 27 January 2025, there will be an assumption that a transparency order can be granted by family courts at all levels, unless there is a legitimate reason as to why this should not be the case.

A transparency order protects the identities of the parties, while allowing for some reporting, within set parameters defined by the court.

How will this benefit family law cases?

This expanded transparency will allow the wider public to gain a more accurate view of the issues addressed in the family court and how the court determines these types of disputes. It will also help the public to gain a better understanding of the family court system and may encourage parties to consider alternative dispute resolution, which is conducted in private and avoid going to court

How Lodders can help

The Family Law team at Lodders understands how complicated and sensitive family law cases can be. With extensive knowledge within this area, we can help you to secure the best possible outcome should you require our legal services. Please do contact us today if you have any further questions about family court transparency and its implications.