Transparency in the Family Law Courts
The Press and Legal bloggers may come into all Family Law cases
Justice should not just be done, but seen to be done.
Secrecy of the Family Law Courts
The Family Courts have vast powers and can make drastic interventions into the lives of families, for example removing a child from a parent’s care. Historically this all took place in secret, with no reporting allowed whatsoever. Indeed, it would have been contempt of court to do so.
In 2009, the family courts were opened-up to the media. This was to combat the perceived secrecy under which the courts and judges operated. As part of the process of increasing the transparency of the family justice system, and to improve public confidence in its operation, accredited members of the press could attend family hearings. This applied to the financial aspects of a divorce or dissolution or in relation to issues directly affecting children.
In 2023, within certain court’s, known as Pilot Courts, Accredited journalists were able to report much more significant aspects of a family case, but protected the anonymity of the family involved. No information could be released that would identify a child or lead to the identification of the child involved. Though families could be interviewed, and certain legal documents could also be provided to the journalist.
Journalists were able to name local authorities in care proceedings, but could not identify certain other personnel, such as social workers, unless ordered by the court.
What’s a Transparency Order?
From January 2025, journalists will be able to request a “Transparency Order” in all family courts across the country. Allowing them to report on what legal representatives, the families and witnesses have said within the court hearing. Journalists will still be able to speak to the families involved and report on that too.
There is a presumption that the “Transparency Order” will be granted to journalists. Indeed case law which has flowed from the request for Transparency Orders, has tended to favour the journalist.
The rollout will be staggered. The transparency will first apply to:
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public law matters (those which involve children in care proceedings); then
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private law children matters (usually parents); and, lastly
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the magistrates' courts.
The Orders are available in children, divorce and financial remedy matters.
Fiona Wilson, Solicitor, Head of Family Law Team
Lawson West Solicitors, Leicester
Fiona Wilson, Head of the Family Department at Lawson West has mixed views on the Transparency Orders
“I acknowledge that the family court has been shrouded in secrecy, times have moved on and we live in a very open society.
The anonymity of children must be protected at all costs and the Transparency Order provides for that. If a family want to be sure that they do not have their court case in the press or blogged, then there are other avenues available, such as mediation and arbitration.
The courts must be satisfied on how the reporting has been dealt with, as Transparency Orders have gone from a handful of courts, to now all courts in England and Wales.”
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