Judicial review

Transparency in the family court: what clients need to know

Imogen Nolan, Senior associate in the Russell-Cooke Solicitors, family and children team.
Imogen Nolan
2 min Read

In April 2023 the Transparency Implementation Group (TIG) delivered their final report on transparency in financial remedy proceedings in the family court.

The TIG report made several recommendations aimed at increasing the transparency of court proceedings. These recommendations are now being implemented through pilot schemes across the country. Clients may feel concerned upon learning that their case falls under one of these pilots. To clarify what this actually involves, senior associate Imogen Nolan answers five key questions for those whose proceedings are part of a transparency pilot.

1. Does the transparency pilot mean that anyone can attend my court hearing?

No. Financial remedy hearings still take place in private and the only people who are permitted to attend a hearing are the parties, their representatives and reporters (which includes both journalists and bloggers). 

2. Can anyone claim to be a journalist or blogger in order to attend a hearing?

No. The right to attend a private family court hearing only applies to accredited journalists with a press card and legal bloggers. Legal bloggers must be qualified lawyers attending for journalistic, research or other public legal educational purposes. 

3. What will be reported about my case?

If a reporter attends your hearing, a Transparency Order will be made setting out what information can and cannot be reported in relation to your case. The judge hearing the case will determine the scope of information that can be reported. Both parties’ representatives and the reporter will have the opportunity make representations to the judge about what that order should look like. 
Generally, a Transparency Order will prohibit the publishing of identifying personal information. However, these provisions are at the court’s discretion and can be overridden if there is public interest in the parties being identified. 

4. Can I report on my own case?

No. Parties in family proceedings are subject to a general duty of confidentiality and therefore should not share information about their case publicly. If a Transparency Order is made which permits a reporter to report on a case, then they may request an interview with a party which that party can choose to accept or decline. 

5. Will the judgment in my case be public?

Judges at all levels of the family court are encouraged to increase the number of published judgments. If a case is published by a judge, then they will automatically consider whether it should be anonymised prior to judgment. The guidance says that the starting point should be for general anonymisation but, as with reporting, a judge can order something different if there is a compelling reason to do so. 

Imogen Nolan is a senior associate in the family and children team, specialising in all aspects of private family law including divorce, financial disputes, pre-nuptial and post-nuptial agreements & children matters. 

Get in touch

If you would like to speak with a member of the team you can contact our family and children solicitors by telephone on +44 (0)20 3826 7520 or complete our enquiry form.

Briefings Family and children financial remedy proceedings Transparency Implementation Group (TIG) transparency pilot family court legal bloggers Imogen Nolan