Transparency in Family Law: How England is Opening the Doors to Justice
For years, family law in England has operated behind closed doors, with strict privacy rules preventing public scrutiny. But a growing push for transparency is changing how courts handle divorce and financial disputes.
International readers may be surprised by how secretive the English family court system has traditionally been.
Why Has Family Law Been So Private?
To protect children and vulnerable individuals, family law hearings have historically been held in private. Journalists could sometimes attend but were heavily restricted in what they could report. As a result, the public often had little insight into how decisions were made.
However, critics have long argued that this secrecy allows potential miscarriages of justice to go unnoticed.
The Case That Sparked Debate: Vince v Vince
One case that recently highlighted the complexities of transparency in family law is Vince v Vince [2024] 389, in which we represented the wife.
It raised important questions about public access to financial remedy proceedings. There was a separate judgment given on the issue of transparency: Vince v Vince [2024] 406.
The case involved Dale Vince, the founder of Ecotricity, and his former spouse, Kate Vince. The financial remedy proceedings were conducted in private, but under the new transparency reporting pilot rules, accredited journalists were allowed to attend, take free notes of the evidence and report on the hearing.
The case raised significant questions about how much access the media should have to court documents, particularly for journalists who were not physically present in court. The Family court had to balance competing rights under the European Convention on Human Rights, including:
– The right to a fair trial (Article 6)
– The right to privacy (Article 8)
– The right to freedom of expression and public interest journalism (Article 10)
In its ruling, the court determined that non-attending accredited journalists should be given access to court documents, as long as they had been served by the same transparency order as those attending the hearings. The aim was to prevent inaccurate double hearsay reporting and ensure that legal journalism remains accurate and independent.
This decision marked a significant step towards greater openness in family law while maintaining safeguards to protect personal privacy.
The Push for More Transparency
There has been a shift towards openness in the family court. Key reforms include:
– Increased media access: Journalists can now report on more family court cases as a result of the transparency pilot schemes.
– Publication of judgments: More family law decisions are being published online, helping the public understand court reasoning.
– Judicial guidance on open justice: courts are developing clearer rules about when media access should be granted.
What Does This Mean for Families?
All those proceeding with a divorce / resolution of finances in the family court should be aware that the media may attend the hearing and details may be reported.
This, of course, brings more accountability with the courts under scrutiny, together with better public awareness. The risks are of course to privacy and, even with anonymity, some families worry about sensitive information being exposed along with media influence which could lead to selective or sensationalised reporting of a complex case, which we saw firsthand in the Vince case.
The Future of Transparency in Family Law in England
The Vince v Vince case is a landmark moment in the ongoing debate about openness in family courts. It highlights the legal system’s evolving approach to balancing press freedom, privacy, and public accountability.
As England continues to refine its approach to transparency, this case serves as a key example of the challenges and progress in modernising family law. The legal world and the public will be watching closely to see how far transparency reforms will go.
Sarah Jane is a specialist in financial remedies and private law children matters, including advising individuals with substantial income and assets with complex international elements. Sarah Jane is partner at Dawson Cornwell in London. Sarah and her colleague Anna Shadbolt are the authors of the Country Page about England and Wales.