For many years, family courts in England and Wales have operated largely behind closed doors. The intention has always been to protect the privacy of children and families at the heart of sensitive disputes. However, this necessary confidentiality has also led to accusations of “secret justice” and a lack of public understanding about how family law decisions are made. In recent years, there has been a significant shift towards greater transparency in family proceedings, with important implications for families, professionals, and the wider public.
Why Transparency Matters
The principle of open justice is a cornerstone of the English legal system. It ensures that the public can see that justice is being done and holds the courts accountable. In family law, however, this principle must be balanced against the need to protect vulnerable children and adults from unnecessary intrusion and potential harm.
Recent reforms have sought to strike a better balance, allowing for greater scrutiny of the family justice system while maintaining essential safeguards for privacy.
Key Developments
- Media Access and Reporting
Since 2009, accredited journalists and legal bloggers have been permitted to attend most family court hearings. However, what they could report was heavily restricted, and as a result, media attendance was rare. Calls for greater transparency led to a review by the Transparency Implementation Group and the launch of pilot schemes to increase openness in family proceedings.
- The Transparency Reporting Pilot
In 2023, a national pilot scheme was introduced, now rolled out across England and Wales, including Staffordshire. Under this scheme:
- Journalists and legal bloggers can attend and report on most public and private law children cases, provided a standard Transparency Order is in place.
- Anonymity is preserved: Names and identifying details of children, parents, and other parties are protected. Certain information (such as addresses, schools, and medical details) cannot be reported without court permission.
- Access to documents: Reporters may be given access to key documents (e.g., case summaries, position statements) to ensure accurate reporting.
- A Legal First: A Mother Tells Her Story
A landmark example of these changes in action occurred recently, when a mother was allowed to publicly share her experience of the family courts—a legal first under the new transparency regime. The court, applying the new guidance, permitted her to discuss her case in the media, provided that the identities of her children and other sensitive details remained protected. This case has been widely reported as a turning point, demonstrating that the courts are now more willing to allow parties to speak about their experiences, provided that the welfare of the children is not compromised.
- Publication of Judgments
Judges are now encouraged to publish anonymised judgments in cases of public interest, particularly where serious findings are made or where the outcome has significant implications. These judgments are available on BAILII and the Judiciary website.
The Balancing Act: Open Justice vs. Privacy
The courts must balance the public’s right to know (Article 10 ECHR) with the right to privacy (Article 8 ECHR). The welfare of the child remains a primary consideration, but not always the paramount one when it comes to publication and reporting. Judges retain discretion to restrict reporting or withhold publication if necessary to protect children or the integrity of proceedings.
What Does This Mean for Families?
- Greater public understanding: The public can now see more clearly how family courts operate and how decisions are made.
- Safeguards remain: The identities of children and families are protected, and sensitive details are not disclosed without good reason.
- Potential for media interest: While most cases will not attract media attention, families should be aware that their case could be reported in anonymised form.
- A voice for families: The recent legal first, where a mother was able to tell her story, shows that the courts are increasingly open to allowing parties to share their experiences, provided privacy safeguards are met.
Practical Advice for Clients
- Be prepared: If you are involved in family proceedings, your case may be observed by journalists or legal bloggers, but your identity will be protected.
- Ask questions: If you have concerns about privacy or reporting, discuss these with your solicitor, who can make submissions to the court if necessary.
- Understand the process: Transparency is intended to improve public confidence and understanding, not to expose families to unnecessary publicity.
The Future of Transparency
The move towards greater transparency is ongoing. The President of the Family Division and the Family Procedure Rule Committee continue to review and refine the rules to ensure the right balance is struck. The aim is a family justice system that is open, accountable, and trusted—while always putting the welfare of children first.
At Staffordshire Family Law, we believe greater transparency in family proceedings is a good idea if it builds public trust and ensures accountability. However, safeguarding the privacy of children and families has to be paramount. If the greater transparency means that, for the first time, families can have their voices heard in a way that was not previously possible, and the public can better understand how family courts operate, this is a positive step forwards, so long as the welfare of children involved is not compromised.
How to Get in Touch
If you are facing any family law issue—whether it relates to children, divorce, financial matters, or concerns about privacy and transparency in the courts—our experienced team is here to help. You can contact Staffordshire Family Law by:
- Phone: 01785 336617
- Email: family@sflsolicitors.co.uk
- Website Contact Form: Contact Us – SFL
We offer confidential, compassionate, and expert advice tailored to your circumstances. Please do not hesitate to reach out for support and guidance on any family law matter.