Deborah Jeff of Simkins LLP on Family Court Appeal and Open Justice
Appeal highlights balancing open justice, judge safety, and transparency in Family Courts amid reporting changes
Deborah Jeff, Partner and Head of the Divorce and Family department at Simkins LLP, commented on the implications of the significant appeal regarding open justice in the Family Courts concerning the ban on naming judges who oversaw proceedings related to the care of Sara Sharif before she was murdered. The appeal, brought by several media organisations, is awaiting written judgment at a later date.
“This appeal continues the natural tension between open justice in the Family Courts and the need for privacy in certain family cases and circumstances. Normally, the priority in such debates is protecting the identity of the child and family members. This case is different; the child’s identity and that of her family is well known, and instead, the court must decide whether the identity of the previous judges involved in the case in the Family Court can be publicly shared.
The Courts will wish to consider carefully how the potential risk to the personal safety of the judges involved in the case competes with the expectation of open family justice.”
The appeal coincides with the upcoming national implementation of the Family Court Reporting Pilot, scheduled to expand on 27 January 2025. The pilot allows journalists and legal bloggers to report on court proceedings, provided a transparency order is in place. Initially trialed since January 2023, the pilot aims to enhance transparency within the Family Court system while maintaining necessary safeguards.
Jeff emphasized the relevance of the timing, stating: “The appeal is timely. The Family Court Reporting Pilot that has been trialled since January 2023 will be applied nationally from 27 January this year, meaning that journalists and legal bloggers will be able to report on what they hear in court provided a transparency order is made.”
This appeal underscores the evolving landscape of family justice and the ongoing effort to balance transparency with safeguarding the individuals involved.