As of January 27th 2025, a significant change has been implemented in the family courts of England and Wales, allowing accredited journalists and legal bloggers to report on proceedings. This article is going to set out the reasons for these changes to the law and also the procedures that must be followed. Feel free to like, share and comment.
The procedure for press and legal bloggers to be allowed in UK family courts has been updated with new reporting provisions aimed at enhancing transparency. Here’s an outline of the procedure:
1. Accreditation of Press and Legal Bloggers
Who Can Attend:
- Accredited journalists (those holding UK Press Cards).
- Legal bloggers (lawyers or academics who write about legal matters and meet specific eligibility criteria).
- Accreditation ensures only verified professionals can access sensitive proceedings.
2. Requesting Access to the Family Court
- By default, accredited journalists and legal bloggers are allowed to attend hearings in family courts. However, access may still be subject to restrictions depending on the case and its sensitivity.
- Attendance includes public law cases (e.g., child protection) and private law cases (e.g., disputes between parents).
3. Applying for a Transparency Order
In order to report on the proceedings or access specific documents:
Application: A journalist or blogger must apply to the judge for a transparency order.
- This grants permission to report on the case, quote from court documents, and approach the parties involved.
- Considerations by the Court:
- The judge assesses whether reporting aligns with the public interest.
- The court ensures that any reporting does not compromise the anonymity of children or vulnerable individuals.
4. Conditions for Reporting
- Anonymity Protections:
- Identities of children and families involved must not be disclosed.
- Details that could lead to identification (e.g., names, addresses, schools) are strictly prohibited from being reported.
- Prohibited Information:
- Any information that might breach confidentiality or interfere with ongoing proceedings is restricted.
5. Court’s Discretion
- Judges retain the authority to exclude journalists or bloggers from hearings in exceptional circumstances. Reasons may include:
- Risk of harm to the child or vulnerable parties.
- Cases where public reporting would interfere with justice or violate privacy.
6. Attending Closed Hearings
- While the law generally permits media access, some hearings (e.g., adoption proceedings) are closed by default. Media access to these hearings requires explicit judicial approval.
7. Reporting on Outcomes
- Even after obtaining permission, reporters must strictly adhere to the conditions outlined in the transparency order and avoid publishing prohibited details.
Safeguards and Limitations
- Privacy and Anonymity: Courts balance transparency with the need to protect the welfare of children and families.
- Accountability: Journalists are held accountable for ensuring compliance with court orders, and breaches can lead to penalties.
Summary
To gain access, press representatives must:
- Be accredited.
- Apply for a transparency order (if intending to report).
- Follow strict guidelines on anonymity and content.
- Respect court discretion and rulings on attendance or reporting.
This framework ensures a balance between public interest and the privacy of those involved in family court proceedings.
In summary, the new reporting provisions in family courts represent a significant shift towards greater openness, aiming to foster public trust and ensure accountability within the family justice system.
If you have an ongoing family law matter and you are representing yourself please do not hesitate to contact us at FLPS; We can offer you affordable supportive family law assistance to help you prepare and present your case to ensure you feel your voice is heard.