Transparency in family law proceedings: The Transparency Order

It is important for you, as an individual and member of the public, to have confidence and transparency in the family justice system. You should be able to feel that you are being treated fairly at all levels by all those involved in your case. At the same time, you should have your right to privacy respected. This must be balanced against the interest of the media. Furthermore, the media should be able to see that the processes in the family justice system are fair and accessible. A Transparent Order is one way that this balance is sought within the system.

The Family Justice System

Following a judiciary-led pilot in 2023 to 2025, Parliament has agreed that the Family Justice System should be more open. As a result, journalists are allowed to attend hearings and report on them. They can also quote people involved in the proceedings. The new open reporting provisions establish a rule in favour of granting a Transparency Order (detailed below), protecting the anonymity of children and their families, unless a legitimate reason exists to refuse it. It is important to be aware of the strong requirement to this change that, nothing in the media reports can identify you or your family. In many cases, a Transparent Order helps protect identities while increasing public understanding.

So what does this mean?

Reporters attending cases in the family courts can apply to change the report restrictions of a case. If the Court allows reporting of your case, you will be sent what is called a ‘Transparency Order’ which will detail what can and cannot be reported. The order will only allow journalists and lawyers to report on the case. The public, i.e. ‘bloggers’ cannot do this. Criminal cases, however, remain accessible to the public. Journalists cannot access all your private information and documentation. Instead, they will be given permission to see certain, basic documents, such as a summary of the case before a hearing. This is often referred to as a position statement or note, drafted by the advocate (representative). In summary, a Transparent Order makes sure there are clear boundaries about who can access and share specific case information.

Why has it changed?

The purpose of or intention of this change is to explain decisions so that the public understands what happens in the courtroom. Also, it reminds Judges that they must produce their judgements in a clear way. This openness does not compromise privacy.

What if I don’t want my case to be reported/published?

The Judge will make the final decision as to whether the media is allowed into the hearing and given reporting rights. However, if you wish for your case to remain completely private and confidential, you will have the opportunity to inform the Judge. The Judge must balance your interests and worries against the aim of making the work of family courts more open. The Judge will clearly inform you whether:

1. Your case will be reported on.
2. There will be a change to a Transparency Order, i.e. limit the permissions.
3. The Court will keep the Transparency Order in place.

It is important to be aware that if you receive a Transparency Order, this does not give you permission to report or publish anything about your case. Even if there is press coverage on the case, you must not release anything about it. You must not make any social media posts or interact with media coverage. The rules of the Order must be strictly followed. Otherwise, the person who disobeyed the terms of the order may be held to be in contempt of court (an action that disregards the authority of a court) and may be sent to prison, be fined, or have assets seized. In general, a Transparent Order is designed to protect all involved whilst upholding the law.

How we can help

If you have any questions about how your case will be dealt with in the family courts, or are seeking advice on a family law matter, please do not hesitate to contact our team and arrange to have an initial consultation with one of our solicitors.