Pilot scheme to allow family court reporting for first time

Journalists will be able to report what happens in family courts from the end of January, under a pilot scheme taking place in Leeds, Cardiff and Carlisle.

The ‘Reporting Pilot’ will run for one year, from January 2023 - January 2024.

Until now, reporters have been able to observe hearings but only report on what was allowed by a judge, unless they go to the Court of Appeal.

Guidance issued by the President of the Family Division, Sir Andrew McFarlane, says that accredited journalists will be able to report what they see and hear as long as they “protect the anonymity of families”.

They will be able to name local authorities in care proceedings, the Director of local Children's Services, the lawyers involved, and the court-appointed experts.

They won't be able to name individual social workers (unless ordered by the court), medical professionals treating children or any family member involved in a case.

The Court will consider whether to make a Transparency Order in any case where a pilot reporter attends a hearing (remotely or in person). The Court “retains a discretion to direct that there should be no reporting of the case”, the pilot guidance notes.

The areas of the pilot scheme (Leeds, Cardiff and Carlisle) were chosen “to ensure a representative mix for sampling and evaluation, a mix of rural and urban communities.”

In October 2021 Sir Andrew said: “The present system in the Family Court whereby a journalist may attend any hearing but may not always report what they observe, is not sustainable.

"I have reached the conclusion that there needs to be a major shift in culture and process to increase the transparency in a number of respects."

He added: “the time has come for accredited media representatives to be able, not only to attend hearings, but to report publicly on what they see and hear. Any reporting must, however, be subject to very clear rules to maintain the anonymity of children and families, and to keep confidential intimate details of their private lives.”

He published his conclusions and an ‘extensive review’ in ‘Confidence and Confidentiality: Transparency in the Family Courts.’