Legal Blogging and the Reporting Pilots
This page contains information about the legal bloggers scheme set out in Family Procedure Rule 27.11. This page has been updated to incorporate information about the Reporting Pilots.
Under FPR 27.11, ‘duly authorised’ lawyers may attend private family court hearings on a similar basis to journalists. Rules regarding privacy and restrictions on reporting remain unchanged, though we often seek and are given permission to report on an anonymised basis, usually with the agreement of the parties.
We explain a little about the scheme and how it came about here.
Reporting pilots
There are now two pilots operating in some, but not all family courts:
The children pilot launched in Leeds, Carlisle and Cardiff in January 2023 and in those courts now covers most children cases at all judicial tiers, including Magistrates.
The children pilot launched in a number of other courts in England in January 2024. In those courts the pilot covers most public law children cases, and also now cover all tiers including Magistrates (from 4 Nov 2024). The new pilot courts are Liverpool, Manchester, W Yorks (Leeds, Bradford, Wakefield), Hull (Kingston upon Hull, Grimsby, Beverley), Nottingham, Stoke (Stoke on Trent, Stafford & Newcastle-U-Lyme Mags), Derby (& Chesterfield), Birmingham, Dorset, Truro, Luton, Guildford, Milton Keynes, Central Family Court in London, East & West London Family Courts.
Under the children pilot the usual starting point is reversed and legal bloggers and journalists will be able to report what they have seen and read without making an application for permission – as long as it is anonymised. You can read more about the Pilot here.
A Financial Remedies pilot launched in January 2024 in Leeds, Central London Family Court and Birmingham. As of 11 November it includes cases at High Court level in London (at the Royal Courts of Justice). You can find out more about that here.
Now that the pilots are up and running, legal blogging should in some respects be less daunting for lawyers to become involved in. We are encouraging more lawyers to think about undertaking legal blogging, by observing hearings and writing about them. We have run training for lawyers and potential legal bloggers, which is available here and here. If you would like to have a chat with us about legal blogging please send us a message at trustees@transparencyproject.org.uk.
Download our Legal Blogging Leaflet. We’ve made this leaflet to help explain the scheme to those whose cases bloggers want to attend. Bloggers can print and take it with them to court, to hand out as required.
Download our guidance notes – What to do if a reporter attends (or wants to attend) my hearing. We produced these guidance notes to help lawyers and judges in cases attended by legal bloggers or journalists. You might find it helpful to refer to or to signpost lawyers and judges to. We have made separate versions for pilot courts and non pilot courts.
Read our FAQs below.
FAQs
Can you attend my hearing?
We are often invited by some parties to attend their hearings. Often these requests will be from litigants who are unhappy about their case and how it has been handled, worried about how it might be handled, or who want the issues in their case to be brought to a wider audience. Our approach to these requests is as follows :
Please don’t send us court documents or lots of detail about your case in the hope we will attend court. There are strict rules about what you are allowed to share with us and we don’t want you to be criticised for sharing information that you shouldn’t have shared. The rules are slightly different in cases running under the pilots. If a transparency order has been made in a pilot case there are some documents that we are allowed to see, and the order will tell you which those are (see below).
Please do send us :
- the case number, time, date, location, length and type of hearing (and whether the hearing is remote or in person)
- no more than a paragraph outlining what the case is about and why you think we should come
- the name of the judge if known (or if not the level of judge dealing with the case e.g. Magistrates (Lay Justices), District Judge (DJ), Circuit Judge (HHJ), Recorder, High Court Judge (J)).
- the contact details for the court
- in a pilot case you can send us (or ask your lawyer to send us) certain documents identified in the Pilot Guidance (see para 36 onwards here).
What you need to know:
- If a hearing is online or hybrid we will most likely attend remotely (i.e. by video link). We rely upon volunteers and it is not always feasible for them to travel long distances to attend court.
- Whilst we will not tell the court who has invited us to the hearing (which we treat as a confidential journalistic source), it is likely that in many cases it will be obvious to the court and the other parties who has told us about the case. Whilst we don’t think that anybody should have this held against them in the case this is not something we can advise you about, and you should speak to your own lawyer before contacting us if you are worried.
- Once you contact us we will make an independent decision about whether or not to attend the hearing. Whilst we will take into account any known objection to our attendance (including if someone has invited us but then changed their mind) we might still decide that we would like to attend.
- Whilst it is helpful to be pointed in the direction of hearings that might be interesting and worthwhile for us to attend, we have a limited number of legal bloggers on our team, who often have professional commitments during the day. Our bloggers generally blog on a voluntary (unpaid) basis. It is therefore unlikely that we would have the capacity to attend a specific hearing on request, particularly at short notice.
- We are an educational charity not a campaigning group. If we attended the hearing we might take a different view of your case than you do, and we might want to speak to various people involved with different views than your own. We generally try to report on a neutral basis without taking up a position for or against one or other ‘side’. We are independent of any party or the court. Editorial decisions about the contents of our reports are a matter for us alone and not for either party (or the court) to dictate (as long as we stick to the limits of permission to report, which is usually solely concerned with ensuring the parties / children are not identified).
- Because of automatic reporting restrictions we might not be able to report anything at all about your case even if we came to court. We generally make a request for permission to report the case anonymously at the end of the hearing. In our experience so far this is often granted and these requests don’t take long to sort out, but in a contentious case things might take longer.
- Where possible we will email the court/judge in advance of the hearing to indicate our intention to attend. When we do so the court may contact you to ask for your views, or the judge may check the position at the start of the hearing. We find it helpful to be able to see the case outline, skeleton arguments or position statements that have been prepared for the particular hearing we are attending in order to understand a bit more about what we are hearing and to ensure any report we do write is accurate, so we may also ask for permission to see those documents in advance. We are generally not allowed to see them without the judge’s permission, so again, you might be asked for your view about this. Generally if we are provided with these documents it is for information only and we must keep them confidential.
- Where we do attend a hearing we will try and cause as little disruption as possible so you can get on with focusing on the case.
- We do not generally conduct interviews with the parties outside of court as some journalists might.
Who can attend?
Duly authorised lawyers fall into three categories :
- Practising lawyers
- Non practising lawyers working for a Higher Education Institution
- Non practising lawyers working for a registered educational charity whose details have been placed on a list with the President’s office. The Transparency Project is such a charity.
To attend as a ‘legal blogger’ a lawyer must be qualified, and they cannot be someone otherwise involved in the case. They must be attending for journalistic, legal education or research purposes i.e. usually with a view to writing a blog post based on their observations.
How do I identify a hearing to attend?
Whilst most private hearings can be attended under this scheme, those which are ‘conciliation’ type hearings are not covered by the scheme (though that is not to say that a judge might not agree in an individual case to permit access. Cases marked as FHDRA (First Hearing Dispute Resolution Appointment), IRH (Issues Resolution Hearing), DRA (Dispute Resolution Appointment) or FDR (Financial Dispute Resolution) are ‘conciliation’ type hearings so you are unlikely to be able to attend these hearings under the scheme.
Generally cases with a C number are care (public law children), cases with a P number are private law children, cases with a F number are injunctions (Family Law Act) and D is financial remedy (divorce).
You will need to look at the list to see how long the hearing is listed for and whether it is worth attending (for example you might not want to dip in to day four of seven, but you might identify a one day final hearing that you are able to attend throughout).
Court lists are freely accessible the day before by registering with Courtserve web service.
Remote hearings : Courtserve listings often (but not always) now contain details of who to email in order to obtain a link to a hearing. We have found that it is difficult to get a response from a generic inbox between the time the listing goes up (usually the afternoon before the hearing) and the time the hearings starts, so you may need to be persistent and combine an email with a phonecall. If you have the name of the judge and can email them directly this may be more effective.
What will I need?
To be ‘duly authorised’ you will need to attend court with :
- picture identification
- completed FP301 ‘Notice of Attendance of duly authorised lawyer’ form (one for each hearing)
- written confirmation of attendance as a non practising lawyer under cover of an HEI or educational charity
If the hearing is remote you will need to send these documents to the court by email in advance.
A lawyer who attends under PD36J cannot have any other connection to the case and must confirm that they are attending for journalistic, public legal education or research purposes.
You might find it helpful to take our information leaflet with you to hand out to those involved in the cases you want to observe.
Will you publish my blog?
Keep in touch with how the scheme is going
Even if you don’t fancy attending court and blogging yourself, you can subscribe to our weekly emails, which contain details of all posts published in the preceding week.
You can read blog posts written under the scheme here.
Can I object to a legal blogger (or journalist) coming into my hearing?
Legal Blogging Scheme Posts
The Remote Family Court – where does transparency fit in?
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Covid-19, the UK’s Coronavirus Bill and emergency ‘remote’ court hearings: what does it mean for open justice?
NB An updated version of this post now appears at Judith's own blog here. There will be an increasing use of ‘remote hearings’ in the courts in England and Wales in coming weeks and months, under existing law, and if extended provisions in the emergency Coronavirus...
Conciliation
We've been attending hearings under the legal blogging pilot for almost 18 months now, and in that time have covered a range of hearing and case types. But, by the back end of 2019 we were increasingly conscious that we'd not attended much in the way of run of the...
A day in the life of a district judge
I made an impromptu visit to the family court in Oxford last week, and was able to sit in on most of the hearings in a District Judge's list. I was permitted to report the details of each of the hearings I attended, subject to preserving the anonymity of the families....
Experience as a legal blogger at the Tafida Raqeeb Case
This blog post originally appeared as the Transparency Project's monthly column in Family Law for December 2019 at Family Law [2019] Fam Law 1476. Case background In September, I attended the hearing of the the Tafida Raqeeb case (Raqeeb (by her litigation friend) v...
Cape v Dring and legal blogging
This blog post originally appeared as the Transparency Project's monthly column for October 2019 in Family Law [2019] Fam Law 1208(1). Cape v Dring In July 2019, the Supreme Court handed down judgment in the case of Cape Intermediate Holdings Ltd v Dring (Asbestos...
The transparency of family court appeals: the new Practice Direction 30B
In family proceedings, some appeals go to the Court of Appeal, some (mostly) to a High Court judge in the Family Division of the High Court or the Family Court. Routinely Court of Appeal appeals are heard in open court and the parties, other than children, are named...
TP wins pro bono innovation of the year award
We are rather chuffed to say that the day before yesterday we unexpectedly won an award. Wednesday night was the Bar Pro Bono awards ceremony, and we were in the running for the pro bono innovation award, as a result of our work getting legal blogging established in...
‘Are you here because of the significant failure?’
As it happens I wasn't, and the lawyer who asked me this had assumed wrongly. I was attending court just to see what was on that day, and to use the legal blogging pilot to try to report a typical day in the life of a circuit judge. But I'd stumbled upon a case where,...
Ordinary heartbreak
This post is about a hearing I attended recently as a legal blogger. I wrote about the overall experience that day here. This hearing was a case management hearing in a care case. Although such cases are private and I would not normally be permitted to write publicly...