A pilot scheme to allow accredited media and legal bloggers to report what they hear and see in family court cases, which was introduced in three courts in 2023, has been extended to cover a further 16 family courts in England and Wales from 29 January 2024.
The original pilot was carried out in Leeds, Cardiff and Carlisle family courts and has been extended to cover:
- Derby
- West Yorkshire
- Kingston-upon-Hull
- Nottingham
- Manchester
- Liverpool
- Stoke
- Birmingham
- Central Family Court (London)
- East London
- West London
- Luton
- Guildford
- Milton Keynes
- Dorset
- Truro
As with the original pilot, in which the scheme only covered public law until May 2023 and was then extended to cover private law cases, the extension only applies to public law at first, but it is expected that it will be expanded to include private law cases in due course.
To allow reporting, relevant media must make a request to the court in question and the judge must make a ‘transparency order’. The judge will decide what can and cannot be reported, but reporting is subject to strict anonymity rules and details such as names and personal details of those involved, or information that is likely to identify a child involved, cannot be mentioned.
The judge can also determine that there should be no reporting on a case or can allow a reporter to attend only certain parts of a hearing – providing a specific reason is given.
Sir Andrew McFarlane, President of the Family Division, said when announcing the extension, “Extending the reporting pilot to family courts across the country is a huge step in the judiciary’s ongoing work to increase transparency and improve public confidence and understanding of the family justice system.
“We hope that in extending the pilot further we can continue to understand the impact that family court reporting has. I would like to urge the media to read the guidance and come to the family courts to see the vital and challenging work that is done there, and to report on the cases and issues that are so important.”
Juliette Dalrymple, director at Family Matters Mediate says:
“Further transparency in the family courts is to be welcomed, particularly as it will raise awareness of the complexities involved in family court cases. However, I do understand that some families may be concerned regarding anonymity and the potential for their case to be reported against their wishes. More people are likely to see court as the last resort and be encouraged to consider mediation and other non-court solutions first.”
It is inevitable that there will be cases where court intervention is required, but, where possible, anyone going to court for an order relating to their children, must demonstrate that they have considered family mediation first by attending a mediation and assessment meeting (MIAM).
Family Matters is committed to helping families reduce the cost, stress and conflict of separation by the use of mediation.
As part of its aim to support non-court solutions to family issues, the government introduced the Family Mediation Voucher Scheme in March 2021, with a fund of £1 million. This allows parents who are mediating about their children to get a voucher worth up to £500 to help towards the cost. The scheme, which has been extended, and the amount available topped up several times, is currently due to finish in April 2025.
Family Matters has been able to help many families with their children issues using the scheme and has so far applied for 352 vouchers, claiming £124,630.50 that would not have been available to clients otherwise.
Legal aid may also be available for people using family mediation.