Press now allowed to report from family courts – Alexandra comments on BBC News, The Independent and The London Standard - Boodle Hatfield

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Article
27 Jan 2025

Press now allowed to report from family courts – Alexandra comments on BBC News, The Independent and The London Standard

Written by

Alexandra Hirst View profile
3 min read

As reported on BBC News, journalists can now report from family courts in England and Wales in what the UK's most senior family judge has called a "watershed" change. From Monday, accredited journalists can speak to families about their ongoing cases, report what they see and hear in court, and quote from key documents – provided they keep those families anonymous. Monday's change follows a two-year "transparency pilot" which began with three court centres and now covers almost half the family courts in England and Wales.

Alexandra Hirst, Senior Associate comments:

“The intense pressure of family law proceedings is stressful enough without the added worry of deeply personal and sensitive information being reported on by the media. These are not criminal proceedings, but these changes are likely to make individuals who may have never experienced litigation before feel as though they are on trial. The comforting reassurance that their hearing will remain private and is highly unlikely to be reported on will be undermined by this change. Regardless of whether publishing names is not permitted, there is a real concern that there will be enough information available to work this out. 

“Parties to proceedings must be provided with a fair hearing, balancing the public interest in understanding how these matters are dealt with by the Court. 

“There is a danger that this change could be manipulated by one party over another, using the threat of issuing proceedings and a public court hearing as leverage in negotiations. Knowing that a reporter may be listening to highly personal evidence on each side and may have sight of the parties' statements in relation to it, may also inhibit and censor an individual’s evidence and potentially affect the outcome. Clear and enforced rules as to issuing timely notices of a reporter’s attendance are needed, however, there is little confidence that the already overburdened court will actually be able to deliver on this.

“What exactly is reportable needs to be resolved with certainty and consistent guidance so practitioners and their clients are not left in the dark as to how their case might be approached and reported. 

“There is little clarity as to who is to meet the costs of press involvement. Why should the parties have to meet the cost of a reporter attending the case and seeking to have access to the documents, which will undoubtedly lead to more time and associated cost being spent on the case? The suggestion in the guidance is that it is the responsibility of the legal representatives to check who the reporter is, what they should be permitted access to and managing what it is that is to be reported. This is an additional layer of distraction away from supporting their client through the emotionally taxing legal process.

“Our understanding from barrister colleagues is that there has not been a huge uptake from the press in any event, which begs the question as to why there is a need to make these changes and cause this stress if it is not even being used?

“Strict rules must be put into place and adhered to regarding appropriate reporting and how documentation is stored and protected once in the hands of the press. Ultimately, where there is uncertainty, there is stress.”

Alexandra comments on the new family courts transparency rules have appeared on BBC News and also been published in The Independent, The London Standard, The Guardian and The Daily Mailin addition to a swathe of regional press including the likes of Ham&High, The Harrow Times, The Herald and Salisbury Journal.

Written by

Alexandra Hirst View profile