17 March 2025
What is a Transparency Order in Family Courts?
By Clementine Rich, Trainee Solicitor, Hayes + Storr.
Transparency orders were introduced on January 27, 2025, allowing journalists and legal bloggers to report on family court cases, but with important restrictions to protect privacy.
A transparency order is a legal injunction that stops the publication of certain details about the people involved in a family court case, such as:
- The names, addresses, or photos of the parties and their children
- The identities of schools or workplaces
- The names and addresses of witnesses (except expert witnesses)
- Specific private details of the case or court orders
The goal is to balance public transparency whilst ensuring the protection of the privacy of children and families involved in family court proceedings.
How are Transparency Orders issued?
Transparency orders are usually considered when a journalist attends a hearing. The court can issue the order by its own motion or if requested by a party or a reporter. The order can also be varied or discharged at any time.
For instance, a judge may decide to issue an interim transparency order at the start of a final hearing, preventing any reporting until the case actually concludes. Legal representatives should discuss the possibility of a transparency order with clients as early as possible in expectation that they could be asked to address the matter in court.
Each case is considered individually by the court, in Re BR and others it was decided that reporting was allowed but subject to specific restrictions such as any material likely to identify the children involved in the proceedings.
Can a Transparency Order be challenged?
Yes, transparency orders can be challenged. If a party disagrees with an order, they can apply to the court to vary or discharge it. If unsuccessful in persuading the lower court to vary or discharge the order, the lower court’s decision can be appealed to a higher court under the Family Procedure Rules 2010.
Why challenge a Transparency Order?
There are several reasons why someone may want to challenge a transparency order:
1. Jigsaw identification: This occurs when anonymised details from a case, when combined with other public information, can lead to the identification of the people involved.
2. Harm to children and families: Publicising private details can cause emotional harm to the children and families involved, especially if a child sees their situation reported in the media. Cafcass has stressed the importance of safeguarding privacy in such cases.
3. Protection of experts and professionals: Revealing certain details could lead to harassment or harm for professionals involved. In M v F and another, the court recognised the need to protect an expert from potential harm, even though there was public interest in publishing the case.
What should you do if you’re concerned about a Transparency Order?
If you’re involved in family court proceedings and are concerned about a transparency order being applied to your case, contact the Family Department at Hayes + Storr who can help you understand the process and guide you through your options.
This article is for general information only and does not constitute legal or professional advice. The law may have changed since publication.
