Transparency orders in the Family Court

In October 2021 it was decided that journalists and legal bloggers should be able to report on what they see and hear in court, subject to strict conditions of anonymity. That changed the general rule up until then that family proceedings should take place “behind closed doors” and strictly in private between those involved directly in the process only. Those involved directly in family proceedings are themselves already prevented from disclosing to anyone outside of the process any information relating to the proceedings (subject to some exceptions). Such disclosure can be a contempt of Court punishable by imprisonment. That continues to be the case, this change relates only to journalists and bloggers wishing to report on cases.

Family proceedings have historically been very unlike criminal proceedings where there is a public gallery and members of the public can go in and watch the Court in action. It is not being proposed the family Court will open up in the same way as the criminal court. However what is being explored in the pilot project is how the family court can operate in an open way providing the public with more information about how it operates and how it reaches the decisions it makes about children and families.

It does not mean the doors will open and the public will be allowed in to hear your most personal and important aspects of your life in your private family Court hearing. What it does mean is that the Court can allow in members of the press to report on important cases if they ask to do so and apply for a transparency order. So does that mean that if you are involved in family Court proceedings everyone will know about it? Not necessarily no. There are 45 Family Courts dealing with many many cases every day. It is unlikely journalists will want to report every case going through the family courts.

It is important that some confidentiality is maintained and the Judge involved in the case will make reporting restrictions relating to how each individual case can be reported imposing on journalists strict reporting rules orders can be made to prevent the reporting and publishing of matters relating to identity and personal information (names) particularly of children involved in proceedings (such as names and dates of birth of children, names of family members which may lead to a child being identified, addresses, foster carer names, school names, photographs of the child or parents, names of medical professionals, details of abuse) . The nature of family proceedings is such that distressing and deeply sensitive material can be involved which it may not be right to be published because of the effect that would have on the child involved if that were available for all to see/read.

The anonymity of children will continue to be protected under the pilot scheme.

Conversely the Judge can make reporting restrictions if it is inappropriate to report on a case preventing that from happening.

Currently several family Courts in England and Wales are taking part in a pilot project to “test” the recommendation to consider long term implementation across more/all family Courts.

In opening up the family court process it is thought the public should be able to see how significant and important decisions about peoples lives are made so that confidence in the system is maintained. A “closed” system where the public cannot see how the system operates may lead people to think how courts operate in secret may be unfair or wrong. A system of “openness” it is hoped will enhance trust in the system and can allow for learning and improvement.