What is Transparency?
Since January 2025, journalists and qualified legal bloggers across England and Wales can report on Family Law cases after attending the Court hearings and reviewing case documentation.
Upon an accredited reporter indicating that they wish to report on a Family Law case, they must apply to the Court for an order, known as a transparency order. Only then, will they be permitted to report on a case.
What is a Transparency Order?
A transparency order states to what extent reporters can comment on a Family Law case.
It will set out which case documents the reporter can review, the information they can report on and what details must be anonymised.
Each order will depend on the nature of the case and any objections raised to either specific information being shared, or to the order itself.
The Judge must then consider whether to approve the order and will have full consideration to the case circumstances when doing so, to ensure an order is made that is appropriate for that individual case.
Will my Child’s Name be Published in the Report?
Restrictions are imposed within the order to prevent reporters including any identifying information from the reported case. This includes; the names of the parents, children or family members, where the children live, go to school, their dates of birth and any other information that could lead to an accidental identification.
Sara Sharif’s case is different as her and her family’s details were shared through the criminal proceedings, where anonymity is not part of the reporting process.
What is the Point of Transparency in the Family Court?
For many years, the closed-door policy in Family Law cases has been criticised as it prevents the public from understanding how Judges make their decisions and the final orders they make. This has led to misconceptions and in some instances, a distrust in the family legal system and the professionals within the same.
Whilst there have been concerns that transparency might impact a person's right to a private family life under Article 8, careful measures have been taken to ensure that privacy is protected while still allowing the public to gain a better understanding of the legal system.
The aim is that with the right style of reporting, transparency will offer an insight into the Family Law process and the reasoning behind a Judge's decisions. There is a lot of responsibility placed on the reporter’s shoulders to accurately report on Family Court proceedings, but with proper regulations as explored during the pilot program, the hope is that factual and responsible reporting, will help strengthen public trust in the Family Law system.
Can I ask for my Case to be Reported?
Yes, you can approach an accredited reporter with the right authorisation, to attend your Family Court hearing. However, even if the journalist agrees to attend, they will still require a transparency order from the Court before they can start reporting.
It is important to note that even if reporters are permitted to publish information in your case, you cannot. This is to ensure anonymity is preserved and therefore if you are found to have posted or interacted with a post about your case on social media, you may be breaking the law.
What if I don’t want a Transparency Order to be made in my case?
Whilst your reluctance will be considered by the Judge, ultimately, they will have the final say as to whether such an order should be made.
Upon telling the Court that you do not wish for the case to be reported, the judge may either:
1. Accept your request and reporting stopped, or
2. They will continue the 'transparency order' but may limit or reduce the information that can be shared in the reporting process, or
3. Continue with the order as granted.
Next Steps...
If you have any questions regarding transparency orders, please contact the Family Law team on freephone 0800 011 6666 or via email at legal@timms-law.com.
