Recording hearings and transparency — what may be recorded, published and shared
REVIEWED BY: Sean McNamara on 2026-09-01
Recording a hearing: strictly controlled
Recording a court hearing on your own device is prohibited without express permission. Unauthorised recording of court proceedings is an offence under s.9 of the Contempt of Court Act 1981 and can lead to serious penalties. If you want a record, the lawful route is to order an approved transcript of the judgment or hearing — transcripts are produced from the court's own recording system.
Judgment summaries: a permitted exception
Since 2019, following the Practice Guidance of the President of the Family Division, judges in family cases can be asked to summarise, or give approval to a summary of, the judgment for sharing with a wider group — for example family members, professionals, or support networks. You make the request at the end of the hearing or shortly after; the judge decides the form of words. This is how information can lawfully leave the courtroom. Publishing family proceedings material more widely without permission risks contempt and breach of the child's privacy — but the transparency framework has been broadened (see below), so check what applies to your case.
Reporting restrictions and the transparency pilot
- Most family proceedings are subject to reporting restrictions under s.12 of the Administration of Justice Act 1960 and the Family Procedure Rules, protecting the identities of children and families.
- The Transparency in Family Courts programme, driven by Practice Guidance published by the President of the Family Division, has allowed accredited media and legal bloggers to attend and report on many family hearings (anonymised), starting with private children cases and extending across a phased rollout. This means journalists may be in the public gallery even in children cases.
- Parties themselves remain restricted: sharing case documents outside the proceedings generally needs permission.
Covert recordings as evidence
Separate from hearings, some parents covertly record the other parent, professionals or their child. The Family Justice Council's 2025 guidance sets out how courts handle this: recordings may be admitted or refused, the motives and effects are scrutinised, and they must be disclosed fully and early if relied on. Covert recording of a hearing itself remains prohibited outright.
Practical steps
1. At the end of a hearing you want to share, ask the judge for a summary of judgment for wider disclosure. 2. Need the precise wording? Order the transcript through the court's approved transcription provider. 3. If a journalist asks about your case, remember you can usually confirm the case exists only within what reporting restrictions allow — take advice before commenting.
Official links
- https://judiciary.uk/wp-content/uploads/2025/05/Covert-recordings-in-Family-Law-proceedings-concerning-children-Family-Justice-Council-Guidance.pdf
- https://www.judiciary.uk/ (transparency practice guidance and reporting information)
- https://www.legislation.gov.uk/ukpga/1981/49 (Contempt of Court Act 1981)
- https://www.legislation.gov.uk/ukpga/1960/65 (Administration of Justice Act 1960)
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.