Sharing information outside of court in family proceedings
When you can share information about your case, what you can share and what to do if someone else shares information.
Overview
You should read this guide if you are taking part in family proceedings concerning children. It explains:
- why there are rules about sharing information about a case outside of court
- when you can share information about your case
- how you can share information about your case safely
It also gives information on what happens if someone shares information about a case when they should not.
This guide does not apply to parental orders applications (under the Human Fertilisation and Embryology Act 2008).
Why there are restrictions about sharing information about a case outside of court
Sharing information about a case is sometimes called ‘disclosure of information’ or ‘communication of information’.
The law allows you to share information about your case only in specific circumstances. This is to protect the privacy of the people involved in your case, particularly children.
If you share certain information about a case relating to a child it is possible you could be fined or imprisoned for being in contempt of court. Or you might commit a criminal offence, if you share certain information while a case is still going on.
When you can share information about a case
You can share information about your case with:
- your legal representatives
- other people who are parties in the case and their legal representatives
- an expert appointed by the court
- Cafcass or Cafcass Cymru officers who are involved in the case
- a local authority independent reviewing officer
- the Legal Aid Agency
You may share information with any other person where this is necessary for you to get:
- private confidential advice to help you present your case or get support during proceedings
- mediation or help to sort out a disagreement between yourself and another person involved in the case
- advice on or help with a complaint about the proceedings or someone involved in them (such as an expert witness involved the proceedings)
Other reasons for sharing information
There are some other specific situations where you are allowed to share certain information about your case. There are rules of court (the Family Procedure Rules 2010 and practice directions) which set out who you can share what information with, and for what purpose. For example, you can share a copy of the judgment in your case with a police officer for the purposes of a criminal investigation. Or you can share any information from the case with a person who is a healthcare professional to obtain healthcare or counselling for you or the child.
If you want to share information about your case for a reason, or with a person, not covered in this guide, you must first ask your legal representative for advice.
If you are representing yourself, you must first ask the judge or magistrates involved in the case for advice and permission.
Also, the judge or magistrates dealing with your case might make an order of the court stating what information can, or cannot, be shared about your case.
What you can share about a case
What you can and cannot share can be complicated. To be sure about what you can share, you should first check with your legal representative.
If you do not have a legal representative, you should check the Family Procedure Rules 2010 and any orders made in your case.
If you are still unsure, you should ask the court for clarification and, if necessary, for permission to share.
However, there are some important points that you should be aware of.
When sharing information is a criminal offence
It is a criminal offence to share information with any section of the public that identifies or is likely to identify:
- a child as being involved in proceedings under the Children Act 1989 or the Adoption and Children Act 2002
- the address or school of such a child
This applies while a court case is ongoing. It only does not apply if the court has made an order saying you can share this information.
If you commit this offence, you could be fined.
When sharing information could be contempt of court
Contempt of court can occur when someone does something that the judge decides disrespects the court or disrupts court proceedings.
A judge might decide that there has been a contempt of court if information from court proceedings relating to a child is shared with people not directly involved in the court proceedings, depending on the type of information and who it is shared with.
This applies while a case is ongoing and after it has ended.
If you commit contempt of court, you could be fined or imprisoned.
You are not allowed to share any documents from the case or tell people what is in them, unless the rules or a court order allow it. This means you cannot usually share or tell people about:
- documents from the court file
- witness statements
- accounts of what has been said or done in court hearings
- the reasons the court gives for making its decision (referred to as the ‘judgment’ if given by a judge or ‘the written facts and reasons’ if given by magistrates)
- any information which the court has ordered must not be shared
It is not contempt of court if you share information:
- where rules of court allow you to
- where a court has made an order saying it can be shared
Unless the court has made an order saying it is not allowed in your case, you can share:
- the order made by the court – you still have to protect the identity of the child the case is about
- the date, time and place of future hearings
- information about the nature of the dispute in the court proceedings – though not information about what happens in hearings or the contents of court documents
If you are not sure what is and is not ‘the nature of the dispute’, you should check with your legal representative or the court.
Find a list of other information that you can share, and who you can share it with, in the Family Procedure Rules.
The judge can always adjust these rules. They may say you can share something the rules do not normally allow you to share or that you cannot share something the rules normally allow.
However, sharing any information with any section of the public could still be a criminal offence if the case is still ongoing and the information identifies or is likely to identify the child the case is about.
If a judgment in your case has been published, with details anonymised, you should not say anything that would identify any of the family members, while the case is still going.
What ‘sharing information about a case’ means
Sharing information includes talking about it or by writing it down. This includes sending documents to someone by post or email. It also includes sharing information online, including on social media.
The rules only allow you to share information at certain times and with certain people depending on circumstances and status of the case. If you are still uncertain after reading this guide, you should ask the court – particularly if you want to share it publicly, such as on social media.
Share information safely
Even if you are allowed to share information about your case, you must only share it in a safe way. This is because the information may contain personal or sensitive details about you or another person involved in the case, including children.
If you share information in a way that is not allowed by law, you could be in contempt of court. You may have committed a criminal offence and could face serious penalties.
There are some simple guidelines to follow when sharing information about your case and where you are allowed to share it:
Send the information to the correct person
If you are sending information by post or by email, make sure:
- the person you are sending it to is identified by name
- you mark the information ‘private and confidential’
- to not send an email to an organisation’s general contact address
Be clear and specific
Make it clear to them why they are receiving it and that they can only use the information for the reason they receive it.
Make sure they understand if:
- the information you share with them is confidential
- they can share the information with other people
- they need your permission to do so
You should explain this information in writing so that it is clear to both of you.
Keep a record
Keep an accurate record of what documents or other information you have shared and who you have shared these with, including their:
- name
- job title
- contact details
You should also make a note of the reason you decided to share the information with them and what you told them about passing the information on.
Who can share information about a case
Anyone involved in the court proceedings can share information about your case in the ways described in this guidance. This includes:
- a parent or legal guardian of the child involved in the case
- the local authority in care proceedings
- a child involved in the case
- a legal representative of any of these
If someone needs the judge or magistrate’s permission to share information about the case, the court may ask you for your opinion on them sharing the information.
The media
The media can attend most types of family proceedings in any court. They cannot attend certain hearings, for example those relating to adoption, placement orders, or to parental orders.
Even when members of the media can attend a hearing, there are restrictions on what they can report. For example, they may not always be able to publish details of what happened in court and what was said in evidence – especially in cases involving children. They may need to keep the details of the people involved in the case anonymous.
For more information, see Media attendance at family court hearings.
Other people sharing information about the case
If you have talked to someone about your case for the purposes of mediation or investigation of a complaint, they might need to pass your information on. This is called ‘onward disclosure’. They can only share the information for the same purpose they received it – for example, the investigation of a complaint.
Depending on the reason why the information was shared, you may need to agree before the person can share information onwards. You can give your agreement verbally or in writing. However, it is better in writing so that there are no misunderstandings about what was agreed.
If your reason for talking to someone about your case was only to get advice or help, that person cannot share any information with anyone else. This is because the information must remain confidential.
Other people involved in the case can also share information about the proceedings, if they comply with the restrictions outlined in this guidance. This might include information you have provided in the proceedings. They do not need your permission to do so. This information can also be passed on without your permission
When to get permission from the judge or court
The judge in your case can make a court order which makes clear what information about your case can be shared and who it can be shared with.
If you had to get permission from the judge to share information about your case, you will also need to ask the judge if others can share it and how they may do so.
If you, or another person, wants to publish information about ongoing proceedings to the public, you will need to get the judge’s permission. This would include sharing information on social media. After the proceedings, you can publish information in the circumstances set out in this guidance, unless the judge has ordered that you cannot.
The court can authorise or restrict what information can be passed on in any case. If you have concerns about information being passed on to someone else, you should ask the court to consider restricting what information is passed on.
If someone shares information about a case without permission from the court
If someone has shared information about a case when they should not have, tell the court straight away. You should give as much information as you have about:
- what that person said
- who they talked to
- what they know about the case
- what information or documents they have shared
If the person is someone you shared information with, you should also tell the court about:
- any communication you have had with them
- the reasons you discussed your case with them
- if you gave your permission for passing on information
If someone shares information about a case when they should not, they may be in contempt of court or they may have committed a criminal offence. If you know this has happened, you should tell the court as soon as possible to protect the people involved in the case, particularly any children.
More information
Find more detailed information in the Family Procedure Rules.
You should refer to:
- practice direction 12G
- practice direction 12R
- practice direction 14E
- practice direction 14G
- procedure rule 12.73
- procedure rule 12.73A
- procedure rule 12.75
- procedure rules 14.14 and 14.14A
For people with a disability
HM Court and Tribunal Service (HMCTS) offers support and can make reasonable adjustments for people with disabilities to make sure they can access tribunal and court services without any barriers. You should contact the court dealing with the case if you:
- have a disability that makes going to court or communicating difficult
- would like any information in an alternative format – for example, large print
Updates to this page
-
Updated the Welsh translations of the 'What you can share about a case' and 'More information' sections
-
Changes to the what you can share about a case and more information sections
-
Added a Welsh version of the page
-
First published.