Transparency & Reporting in the Family Court (England & Wales)
Will your Family Court case be reported? Understand Transparency Orders, media access and anonymity protections from 2025.
Transparency & Reporting in the Family Court (England & Wales)
Key Points for Litigants in Person
- The Family Court is moving from a “closed” culture to controlled open reporting by accredited journalists and authorised legal bloggers.
- From 27 January 2025, reporting provisions apply nationwide, subject to judicial discretion.
- Children and families remain anonymous under strict Transparency Orders (TOs).
- Parties themselves must not publish details of their case unless expressly permitted.
- Judges retain full control to limit or prohibit reporting where welfare or privacy requires it.
Why Transparency Has Changed
The Family Court in England and Wales has historically operated in private. While journalists could attend hearings, they were often prevented from reporting what they observed.
Sir Andrew McFarlane’s 2021 Transparency Review concluded that the system required cultural reform to enhance public confidence while protecting children and families. The review emphasised that openness and confidentiality are not mutually exclusive.
Following a pilot (2023–2025) and independent evaluation, reporting provisions were extended nationwide from 27 January 2025.
Legal Framework
- Family Procedure Rules 2010, r.27.10–27.11 – hearings in private; media attendance permitted.
- Administration of Justice Act 1960, s.12 – restricts publication of information relating to children proceedings.
- Children Act 1989, s.97(2) – prohibits identifying publication concerning children involved in proceedings.
The new framework operates within these statutory protections.
What Is a Transparency Order (TO)?
A Transparency Order is a court order permitting accredited journalists or authorised legal bloggers to report on a case, subject to strict anonymity provisions.
It sets out:
- What may be reported
- What must not be reported
- How anonymity must be preserved
- Any additional restrictions specific to the case
There is now a presumption in favour of granting a TO — but judges retain discretion.
Who Can Attend and Report?
- Accredited journalists (UK Press Card holders)
- Authorised legal bloggers (lawyers attending for journalistic or educational purposes)
Parties and members of the public do not acquire any new rights to publish.
What Can Be Reported?
Permitted (subject to TO):
- An anonymised account of what happened in court
- The legal issues and judicial reasoning
- Procedural developments
Not permitted:
- Names of children or parents
- Addresses, schools, or identifying details
- Photographs
- Information that could lead to “jigsaw identification”
Breaching anonymity or statutory restrictions may amount to contempt of court.
How Judges Decide
The judge balances:
- Public confidence and transparency
- The child’s welfare
- Privacy rights under Article 8 ECHR
- Risks of jigsaw identification
The pilot evaluation found no notable anonymity breaches, but courts remain cautious — particularly in smaller communities.
Important: What Parties Cannot Do
- No posting on social media
- No sharing documents with journalists
- No online commentary identifying the case
This prohibition remains unchanged.
Financial Remedy Proceedings
The original reporting pilot excluded financial remedy cases. Compelled financial disclosure remains subject to strict confidentiality rules. A separate transparency pathway is evolving for financial proceedings.
Before vs Now (Quick Comparison)
| Topic | Before 2023 | From 27 Jan 2025 |
|---|---|---|
| Attendance | Media could attend but rarely report | Media & legal bloggers may report under TO |
| Default position | No general reporting | Presumption in favour of TO |
| Judge’s control | Strict reporting restrictions | Tailored reporting with anonymity safeguards |
| Parties publishing | Prohibited | Still prohibited |
Practical Guidance for Litigants in Person
- Expect accredited observers in some hearings.
- If concerned about safety or identification, raise this early with the judge.
- Verify credentials before speaking to anyone claiming to be media.
- Do not publish anything about your case without permission.
Transparency is about public accountability — not exposing families.
Concerned About Transparency in Your Case?
If you are worried about journalists attending your hearing, reporting restrictions, anonymity, or whether you can speak publicly about your case, you should take advice before doing anything that could place you at risk of breach.
Book a 15-minute consultation (phone)
If you need clarity on Transparency Orders, publication risks, or how to raise identification or safeguarding concerns with the judge, you can book a 15-minute initial consultation below.
Early procedural clarity can prevent serious consequences, including contempt of court.
Authoritative External Sources
-
Transparency Review (2021) – Judiciary of England & Wales
Sir Andrew McFarlane’s report “Confidence and Confidentiality” setting out the framework for reform.
View report on judiciary.uk -
Family Court Reporting Provisions – Nationwide Rollout (2025)
Official announcement confirming extension of reporting provisions across England and Wales.
View announcement on judiciary.uk -
Transparency & Reporting in the Family Courts – GOV.UK Guidance
Practical guidance for families about Transparency Orders and reporting.
View guidance on gov.uk -
Family Procedure Rules 2010 (rr. 27.10–27.11)
Rules governing private hearings and media attendance.
View Part 27 on justice.gov.uk -
Administration of Justice Act 1960, s.12
Statutory restrictions on publication relating to children proceedings.
View on legislation.gov.uk -
Children Act 1989, s.97(2)
Prohibition on identifying children involved in proceedings.
View on legislation.gov.uk -
Evaluation of the Family Court Reporting Pilot (NatCen, 2024)
Independent evaluation of the transparency pilot scheme.
View on natcen.ac.uk
