Henry Hood and Anna Roiser examine the new transparency pilot in the family court

Henry and Anna’s article was published in Solicitors Journal, 13 February 2024, and can be found here.

Henry Hood, Senior Partner and Anna Roiser, Senior Knowledge Lawyer in our Family & Relationships department, explore the implications of the Transparency Reporting Pilot for Financial Remedy Proceedings, which launched on 29 January 2024.

This initiative is part of a wider push by the President of the Family Division, Sir Andrew McFarlane, to enhance openness in the Family Court and improve public confidence in the family justice system. For the first time, accredited journalists and legal bloggers are permitted not only to attend hearings but also to access key documents and report on proceedings provided anonymity is preserved.

Traditionally, family proceedings have been held in private, with limited press access and strict reporting restrictions. Although journalists have been allowed to attend hearings since 2009, they were previously unable to view documents or publish meaningful content. The pilot introduces a more transparent approach, allowing anonymised reporting of the issues and arguments presented in court. However, the publication of identifying details such as names, addresses, or employers-remains strictly prohibited to protect the privacy of those involved.

The pilot is currently being trialled in the Central Family Court in London, and in the Family Courts in Birmingham and Leeds. While widespread media attendance is unlikely due to resource constraints, the possibility of press scrutiny particularly in high-profile cases is now very real. Judges retain discretion to impose further reporting restrictions where necessary. The pilot reflects a cultural shift towards greater openness, while recognising the sensitive and personal nature of family law proceedings.

Henry and Anna note that although the pilot represents a cautious step, it is a significant one. It acknowledges the importance of transparency and accountability in maintaining public trust in the legal system. The success of the pilot will depend on its ability to balance these principles with the need to protect the privacy and dignity of families navigating complex and often distressing legal issues.

Read the full article on the Solicitors Journal website [external link].