The Transparency pilot has seen several extensions over the course of 2024. 19 Family Courts across England and Wales have been trialling a reporting pilot which has allowed accredited journalists and legal bloggers to report on what they see in public law matters. In July 2024, this was extended to allow reporters access to private law cases, as well as public, including children matters sitting before judges.
Blog updated November 2024
As of November 4th 2024, the pilot extended to include public and private law cases before magistrates in all 19 pilot areas.
Background to the pilot
The pilot was originally launched by the Family Division’s Transparency Implementation Group in January 2023, initially in three courts, Leeds, Cardiff and Carlisle. The media were able to report on certain public law cases, within specific regulations and under anonymity rules. In January 2024, after a ‘pioneering year of reporting’, the scheme was extended to sixteen further courts, including Liverpool, Milton Keynes and Dorset. In addition, private law cases were opened to the media in the original three courts.
The Transparency Pilot aims to improve trust in the court system, and by encouraging journalists to witness cases, the hope was that journalists would use their rights to raise public awareness of the workings of the family courts.
Although there have been concerns about the potential discomfort the presence of journalists could cause to families going through a court case, the pilot is being carefully monitored by the Transparency Implementation Group, with strict anonymity rules.
The pilot has already seen significant successes and coverage, including a mini-series on BBC Radio 4’s Today Programme, the Press Association, BBC news, the Sunday Times, and the Guardian, to name just a few. In after the first year, President of the Family Division Sir Andrew McFarlane hailed the pilot as a ‘pioneering year of reporting’.
Extension July 2024
As of 15th July 2024, the pilot has been extended to now allow reporters access to private law cases, including children matters, in the latter sixteen courts. The control measures remain in place, and reporting is at the judge’s discretion, and if permitted, will be under a Transparency Order, protecting families and specifically children.
The judiciary is committed to fostering a better understanding of the family justice system and improving confidence in it. The pilot aims to provide insight into the handling of public and private law cases, considering that one of the biggest barriers to people seeking legal help is the misinformation around court and legal processes.
Extension November 2024
From 4th November, cases sitting before magistrates in all 19 pilot areas will be accessible to accredited journalists and bloggers, provided a Transparency Order is given. These orders set rules of what can and cannot be reported on, including strict rules around anonymity. From 11th November, the pilot scheme on reporting on financial remedy proceedings will be extended to include the Royal Courts of Justice. Up until this point, it has been running at the Central Family Court, Birmingham and Leeds since January 2024.
November 4th-8th was also a ‘reporting week’. Designated family judges within the pilot areas took part in discussions and talks to share feedback and ideas, highlighting the value of family court reporting.
Stowe Family Law Partner Rachel Fisher said of the extension:
“Since the reporting pilot was introduced almost two years ago, the importance of transparency in the family justice system has increased in prominence, and permanence. The latest expansion of the pilot, following on from changes in January and July 2024, is another welcome step.
The rapid change in this area shows the success of the pilot scheme so far.
Moving forward, it is crucial that the family justice system allows itself to be opened to more scrutiny and transparency, to improve efficiency and, importantly the experiences of those going through the system. Although clients may be concerned about the presence of reporters, we are reassuring them that there are strict rules in place for reporters.
Certainly, there have been circumstances where clients have given consideration to, or have in fact withdrawn their applications due to discovering that the press have sought to be in attendance at their hearing. This could have a detrimental impact on the outcome of their case so it is really important that clients going through the family courts understand the process around press attendance and reporting. We are ensuring this is an open discussion from the outset of their case, and providing guidance and advice throughout the process. Judges and magistrates are highly trained, and understand the sensitive nature of family court hearings, so will put clear orders in place to make sure individuals and families are protected.
With the pace of change in this area, I hope it will not be long before we see a national expansion and implementation of transparency access, keeping the family justice system accountable. Our priority is always the wellbeing of clients, and I hope this scheme, once it is implemented fully, will produce great progress in supporting general understanding of family matters.”
