The family justice system in England and Wales has recently seen significant change, with the easing of reporting restrictions in family courts. As of 27 January 2025, new reporting provisions have been extended to all family courts in England and Wales. This change allows accredited journalists and legal bloggers to report on family court proceedings, provided a transparency order is granted.
The move, which followed a successful pilot scheme, aims to enhance transparency, allowing for greater public insight into court proceedings.
Here, we look at some of the pros and cons of the change whilst also looking at the growing relevance of Alternative Dispute Resolution (ADR) methods as effective means of resolving family disputes.
Easing of Reporting Restrictions: Pros and Cons
The move to allow reporting of family cases in England and Wales has been described by the most senior family judge as a “watershed moment for family justice”.
As part of the change, accredited journalists can now request a transparency order to allow them to report what they see in court, quote from court documents and speak to families about ongoing cases – provided they keep them anonymous.
The aims of the initiative are to enhance transparency and public understanding of the family justice system. The thinking is that by having more open reporting, the public can gain a greater insight into the court’s decision-making processes, promoting accountability and trust.
However, with increased transparency comes concerns about the privacy of the individuals involved, particularly children. Despite measures to promote anonymity, there is apprehension that sensitive information could become public, potentially causing distress to families. Balancing the need for openness with the right to privacy remains a delicate challenge.
In light of the changes, there is a notable argument for families to consider alternative methods of dispute resolution (ADR). ADR methods include mediation and collaborative law, which can both be a viable alternative to traditional litigation in a large number of family law cases. These methods offer families a more peaceful and secure way to resolve their disputes without court intervention.
ADR methods offer several benefits. They reduce stress and conflict by fostering communication and cooperation, helping couples reach mutually agreeable solutions. Notably, ADR allows for custom solutions tailored to a family’s specific needs, unlike court-imposed decisions, which can be fairly prescriptive.
Greater flexibility and control in scheduling meetings can make the process easier for all involved. Importantly, compared to having a hearing in the family courts, ADR ensures confidentiality, keeping personal matters private.
As the family justice landscape evolves, O’Donnell Solicitors is committed to helping clients navigate changes. We offer expertise in collaborative law and other ADR methods, providing tailored solutions for families.
For more information, or to consult a family lawyer about how best to approach your family matter, please get in touch.
