Often, parents find the idea of instigating family proceedings daunting due to the unknown surrounding what they will be facing. You may have seen television crime dramas depicting dreary courtrooms and domineering judges, but there are rarely any depictions of what a family court hearing may look like.
In 2019, Sir Andrew McFarlane, a very experienced Judge and president of the Family Division at the time, decided the Family Court needed more transparency to ensure the public could have a better understanding of the process. As such, a pilot began in January 2023 permitting Judges to make ‘transparency orders’ allowing journalists and bloggers (known as pilot reporters) to publish information and articles for the benefit of the public.
The pilot began in Leeds, Cardiff and Carlisle but due to its success, the pilot has recently been extended to cover a further sixteen courts.
What is a transparency order?
A transparency order allows reporters to attend family court hearings, look at particular documents from the case and speak with the parties involved. The orders are very strict in ensuring no confidential details are disclosed so that you cannot be identified.
Does this mean I can watch family court hearings?
No, family proceedings remain highly confidential. Only pilot reporters with proper identification can attend hearings and even then, they cannot just walk into any courtroom they please. A Judge will determine which cases are suitable for pilot reporters to attend and will make a transparency order as they deem necessary.
Will the pilot reporters see my confidential documents?
Usually, it is only the basic case documents such as applications and orders that the pilot reporters will see. If they would like to review more personal documents such as bank statements or social worker reports they will need the Court’s permission.
What if I don’t agree to the pilot reporter being present?
You can let the Court know if you have concerns about your case being reported. The Judge will then consider your concerns alongside the ethos of the pilot, which is to help the public understand the process better. You may feel unable to speak freely with a reporter present in which case, a Judge would not want your matter to be detrimentally impacted and may decide to excuse your case.
It is important to remember that the Transparency Pilot is not running in all courts and does not apply to all cases. The transparency orders are also very concise to ensure your anonymity is retained. In fact, there have been no reports of anonymity breaches in the past year of the pilot. You are also under no obligation to speak with the pilot reporters if you do not want to.
How does the transparency pilot help me?
If you have a better understanding of what family proceedings entail, you may feel more confident in knowing what to expect. Often parents feel worried or even scared to attend hearings but knowing what will happen could alleviate those concerns.
A better understanding of process may also encourage you to consider out-of-court resolutions such as mediation or arbitration. It is well known that the Court backlog is impacting everyone and resources are stretched. If you are able to see how the Court deal with certain issues and how long it takes for matters to be addressed, you may think twice about making an application to the Court.
At present, the pilot scheme is restricted to public law cases where the Local Authority have intervened. It is likely the scheme will continue to progress to include private law cases which involve disputes between family members, and financial remedy cases involving disputes between spouses.
Transparency orders are yet to hit the Family Courts within Essex but we understand the sensitive nature of family matters and can help with the concerns you may have.
If you have any questions about the Transparency Pilot or family proceedings, please contact us or call now.
