Safeguarding Children – Major Reforms on Family Court Cases Reporting
A major shift in family court reporting rules has been introduced in England and Wales, allowing journalists and legal bloggers greater freedom to report on cases.
The changes, described as a ‘watershed moment for family justice’ by the President of the Family Division, are aimed at improving transparency and public confidence in the family court system.
Family Court Hearings
Previously, family court hearings were held in private, meaning that journalists could attend but were not allowed to report on proceedings. However, following a two-year pilot programme, new rules now permit journalists to report on cases, quote from court documents, and approach families, as long as the anonymity of children and families involved is preserved.
Reporting Changes in Family Courts
The changes will be introduced in three stages:
- First, they will apply to public law cases, such as care proceedings involving local authorities.
- Next, they will extend to private law cases, including disputes between parents.
- Finally, they will be implemented in magistrates' courts, which handle many family cases.
The President of the Family Division explained that increasing openness in family courts is essential for building public trust. He noted that the pilot programme demonstrated that responsible reporting can be achieved without compromising children’s anonymity.
During the pilot, media coverage highlighted crucial family justice issues, including:
- Children placed under Deprivation of Liberty Orders.
- The removal of parental rights from convicted paedophiles.
- Cases of child neglect and abandonment.
Balancing Transparency and Privacy in Family Courts
The new rules have sparked mixed reactions from professionals in the family law sector. Supporters of greater transparency argue that increased reporting will help demystify the family courts, hold public authorities accountable, and ensure that justice is being served.
Concerns Raised Over Family Court Reporting Changes
Some concerns have been raised, such as:
- Selective reporting
- Where only the most dramatic or extreme cases receive media attention, potentially misrepresenting the overall system.
- Jigsaw identification
- Where anonymised children or families could still be identified if multiple details are pieced together.
- Privacy risks
- Ensuring that sensitive family matters remain protected.
Emphasis must be placed on the importance of accurate data, to ensure balanced media coverage. In terms of safeguarding, journalists must be mindful of the details they publish, as even anonymised reports may lead to individuals being identified, and all media reporting must consider the emotional impact on children, who may later read about their cases.
Sara Sharif Court of Appeal Ruling
A recent Court of Appeal ruling overturned a reporting restrictions order which previously prevented the naming of three family court judges involved in Sara Sharif’s case prior to her murder in 2023.
The High Court initially imposed the ban, citing concerns over social media abuse. However, major media organisations challenged the restriction, arguing that judges should be publicly accountable for their decisions.
The Court of Appeal ruled that the anonymity order had no legal basis and that the judges' names were made public after a short delay to allow security measures to be put in place. Such decisions reinforce the principle of open justice and highlight the importance of judicial transparency.
This ruling, alongside the new reporting rules, represents a significant step towards greater transparency in family law. By ensuring that journalists can report on cases while protecting children’s privacy, these changes aim to:
- Strengthen public confidence in the family justice system.
- Allow for greater scrutiny of decisions affecting vulnerable children.
- Strike a balance between media freedom, public interest, and child protection.
This landmark reform is set to reshape how family courts are perceived. However, whilst offering greater transparency, ongoing child protection must be the key focus. Care must be taken to safeguard and ensure that the well-being of those involved remains protected.
Sam Preston (Safeguarding Director) & Sara Spinks (SSS Author and Former Headteacher)
3 February 2025
