The Transparency in The Family Courts

Posted: 20 November 2024

Transparency is foundational to building and sustaining a thriving justice system. It ensures that legal professionals can access judgments to understand how the law is being applied and create greater fairness and consistency. The public feel the benefit in the form of insight and confidence.

Historically, the family justice system has struggled to realise the benefits of transparency. There are no shortages of misconceptions, uncertainties and fears surrounding the family courts.

Encouraging and implementing processes to support greater transparency ensures that the profession can address these issues in a positive manner to increase public understanding and trust.

New Transparency Pilot

A significant step has been made by the implementation of the Transparency Implementation Group Reporting Pilot, launched in 2021 and extended in 2024. The pilot allows the media to attend and report on family law cases.

Although journalists have been given greater scope on what information they can publish, it must be noted that this scope is, quite rightly, limited.

Financial Remedy Proceedings, Occupation Orders and Non-Molestation Orders are all excluded from being reported on.

Strict Privacy Rules

For matters which fall outside of these exclusions, strict rules are enforced to ensure that children and families remain anonymous. Sensitive or intimate details, such as addresses and photographs, can not be published either to ensure the privacy of those involved remains protected. Journalists must not use real names but instead use initials or pseudonym.

Permission Required.

Permission to report on cases must be sought from the presiding Judge. If permission is granted, the Judge will make a ‘Transparency Order’ which will detail what can be reported on and what is strictly prohibited. The discretion to make such an order, or refuse any reporting at all, remains with the court and is considered on a case-by-cases basis.

These measures achieve the balancing act of protecting the privacy of families while delivering transparency.

If you require Family Law legal advice or require representation in a family court, please contact our expert Family Law Team. Call Chelmsford Office 01245 493959 or Ipswich Office  01376 556690 or send an email.