Anonymity for children in family proceedings — what the law protects
REVIEWED BY: Sean McNamara on 2026-09-01
The core rules
Children involved in family proceedings in England and Wales are protected from being identified in published reports of the case by two main statutory provisions:
- s.39 Children and Young Persons Act 1933 — restricts publication of material likely to identify a child concerned in certain proceedings, including their name, address, school or still/moving pictures.
- s.12 Administration of Justice Act 1960 — restricts publication of what went on in private hearings: the evidence filed, submissions and documents. It does not by itself ban identifying the parties, which is why the combined effect of both provisions (plus any court-made order) matters.
Who is protected
- Children who are subjects of the proceedings (the child in a care or arrangements case).
- Other children of the family whose welfare would be affected by identification.
- In many cases the protections effectively extend to identifying the parents too, because naming a parent identifies the child ("jigsaw identification" — small published details that fit together to identify a family).
What this means for parties
- You may tell close family, advisers and some supporters about your case, but you generally must not publish details on social media, in petitions, or to groups of friends — sharing can be a contempt of court.
- Breach can lead to fines, costs orders and, in serious cases, committal to prison.
- If you want to speak publicly (for example to the press or a campaign group), the safe route is to ask the court for a specific permission or an order varying the restrictions — judges can allow carefully framed publication.
The transparency shift
Since 2023, judicial transparency pilots have allowed accredited journalists and legal bloggers into more family hearings, and published judgments are increasingly anonymised but real — names and identifying details removed, facts kept. This shifts the balance toward public understanding while keeping children anonymous.
Practical checklist
1. Assume everything about your case is covered until a lawyer or the court says otherwise. 2. Never post about the case online — including anonymised posts that a school or neighbourhood could decode. 3. Ask for the exact wording of any reporting restrictions order made in your case — it will state what may and may not be published.
Official links
- https://www.judiciary.uk/guidance-and-resources/ (reporting guidance and transparency updates)
- https://www.legislation.gov.uk/ukpga/1933/12/section/39
- https://www.legislation.gov.uk/ukpga/Geo6and1Eliz2/8/61/section/12
This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with HMCTS or gov.uk.
Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.