By Hasnain Arshad at Howell Jones LLP
The Family Court system plays a critical role in resolving some of the most sensitive legal matters in relation to divorce, domestic violence, financial and child arrangements.
Under existing rules, Court hearings have been conducted privately often leaving the public with limited understanding of the outcomes. In recent years, there has been greater debate in the UK to increase transparency and as of 27 January 2025, the Ministry of Justice has approved to increase transparency to include all Courts in England and Wales. This grants journalists more access and freedom to report on proceedings.
In family cases, privacy has been intended to safeguard vulnerable parties, identity of children and victims of abuse. However, the current system has been heavily criticised as this allows inconsistencies, delays and judicial decisions to be unchecked.
Journalists can now attend some hearings, but strict limitations are in place on what can be reported. Details identifying children, parents or the parties involved are still prohibited. Journalists are also required to receive permission before publishing cases.
The move towards increased transparency allows the legal system to remain accountable to the public and instils confidence in the system. Additionally, reporting on cases will also highlight any systematic issues such as delays, inconsistent rulings or mismanagement. Similarly, reporting will may allow positive and success stories to come to light and share good practices in the system.
However, with any change in the system the potential concerns are the risk of harm to parties regardless of anonymous reporting taking place. Furthermore, the step towards transparency may increase significant pressure to the family court judges due to the workload.
Reforming transparency in family courts is a complex but essential step towards the right direction. Journalists play a crucial role in highlighting the work of the judicial system but have to follow strict boundaries in place before publishing cases.
The goal is to allow the family courts to be accountable and reflective of the society it serves.
Although attending Court can be one way to resolve complex family law issues, you may have concerns regarding your privacy with the new reform. An alternative route is to proceed with the Non-Court Dispute Resolution (NCDR) which is strongly encouraged by the Family Courts where appropriate.
Our trusted and award-winning Family Law team has been recognised in the Legal 500 and has experience and specialisms you need to navigate complex family law issues.
We are able to assist you in Court Proceedings or advice you on the best way to navigate NCDR in your circumstances.
Contact us today on 01932 507070 to receive expert advice.
