Groundbreaking new laws bring transparency to family court

New rules will give journalists access to request a transparency order to report on family court hearings in England and Wales for the first time, following the introduction of groundbreaking new laws.

The question of whether there should be more openness in the conduct of family proceedings has been debated for more than 30 years. However, journalists and legal bloggers are now finally able to report on what they see and hear within any family court hearing, subject to the court having first made a transparency order.

Rayma Collins, a collaborative family law specialist and Head of Family at south-east law firm Furley Page, said: “Family Courts have huge power to intervene in private family lives. They determine how much time children should spend with each parent, which parent a child should live with and, most importantly, whether a child should be removed altogether from their parents’ care.

“The new open reporting provisions now apply in all family courts in England and Wales, subject to the judge granting a ‘Transparency Order’. There is a presumption that a transparency order is more likely than not to be made, which means court hearings are likely to become much more openly reported in the wider press. Reporters will now be able to request certain court documents and to quote people involved within those family court proceedings.”

The intention behind the decision was highlighted by the President of the Family Division, Sir Andrew

McFarlane, who said: “The establishment of the open reporting provisions in all family courts….is a watershed moment for family justice. Improving public understanding and confidence in the family court is of fundamental importance.”

Rayma continued: “Until now, there has been a veil of secrecy thrown over these important decisions so it is hoped that greater transparency in the family court will now ensure a clear understanding of why certain judgments are made.”

Following this change, a High Court judge recently decided to release documents relating to the tragic case of Sara Sharif, who was abused and murdered by her father and step-mother in 2023 following her return to the family after court proceedings relating to her care.

The judge commented that the decision was made “to enable scrutiny of the processes and decision-making which occurred”, adding: “The responsibility for Sara’s death lies on her father, her stepmother and her uncle, not on social workers, child protection professionals, guardians or judges.”

Rayma added: “The previously largely closed system, where no account was given of how the court operates, often led to accusations of ‘secret’ justice and unsound, unfair or wrong decisions being made.”

“Family lawyers hope that openness and accessibility to the work of the Family Court may help to dispel such accusations, whilst also enhancing the system.”

It is also anticipated that these new rules may lead to a wider uptake of alternative methods of dispute resolution, such as mediation.

For more information, see www.furleypage.co.uk