Is Secrecy in Family Courts Harming Those It Aims to Protect?

The family court system operates under strict secrecy rules designed to protect vulnerable children and families.

Hearings are closed to the public, reporting is limited, and parents often cannot discuss their own cases openly.

These measures were originally introduced to safeguard children’s identities and sensitive information.

Yet, in today’s world of digital transparency and growing demands for accountability, this secrecy raises serious questions.

Does it truly protect children, or does it shield the system itself from scrutiny?

This article explores the impact of secrecy in family courts, its consequences, and who really benefits from it.

If you are a parent currently going through family court, it is important that you join PAPA Plus and make use of our courses and other resources, including PAPA AI.

If you require direct assistance with your case, you can also book a call or one of our family law workshops with PAPA as a 'Plus' member. 

Why Secrecy Was Introduced in Family Courts

The family court system’s secrecy dates back decades.

Its main goals were:

• Protecting children’s identities to prevent stigma or harm if their cases became public.

• Avoiding sensationalist media coverage that could distort facts or invade privacy.

• Safeguarding sensitive details such as medical records, allegations of abuse, or family trauma.

  
  

These intentions are understandable.

Family court cases often involve deeply personal and distressing issues.

Public exposure could cause further harm to children and families already in crisis.

How Secrecy Works in Practice

In family courts, hearings are held behind closed doors.

Journalists and the public cannot attend.

Reporting is heavily restricted, with strict rules on what can be published.

Parents are often legally barred from discussing their cases, even when they believe mistakes have been made.

Key professionals involved in cases include:

• CAFCASS officers (Children and Family Court Advisory and Support Service)

• Social workers

• Expert witnesses

  
  

These professionals prepare reports and give evidence, but their work is rarely open to public review.

Judges may publish rulings, but many do not, and appeals often happen without public knowledge.

This lack of openness means the system operates with limited external oversight.

The Consequences of Limited Transparency

Secrecy in family courts has several significant effects:

1. Reduced Accountability

Without public scrutiny, errors and poor conduct can go unnoticed.

For example, if a CAFCASS officer’s report contains mistakes or bias, there is little chance for challenge outside the court.

Judges and social workers face fewer consequences for delays or questionable decisions.

2. Parents and Children Are Silenced

Parents cannot share their experiences or raise concerns publicly.

This silence can be isolating and frustrating, especially when they feel the system has failed them.

Children’s voices are also often unheard beyond the courtroom.

3. Outdated or Questionable Evidence May Influence Decisions

Psychological theories or expert opinions used in cases may be outdated or controversial.

Without transparency, these influences remain hidden and unchallenged.

4. Systemic Problems Remain Invisible

Long delays, inefficiencies, and resource shortages in family courts are rarely exposed.

The public and policymakers may underestimate the scale of these issues because they happen behind closed doors.

Who Really Benefits from Secrecy?

Officially, secrecy exists to protect the child’s welfare.

In reality, the system itself often gains the most:

• Judges avoid criticism by limiting published rulings.

• CAFCASS workers and social services operate with little external review.

• Local authorities can shield their practices from public scrutiny.

• Expert witnesses face fewer challenges to their credibility.

  
  

Secrecy can also advantage the parent with more resources, such as money or legal support, who can navigate the system better while the other parent remains isolated.

Examples Illustrating the Impact of Secrecy

Consider a parent who believes a social worker’s report unfairly influenced a judge’s decision to limit contact with their child.

Due to court rules, the parent cannot publicly discuss the case or challenge the report outside the appeal process, which itself is confidential.

This leaves the parent feeling powerless and unheard.

In another case, a judge chooses not to publish a ruling that contains important legal reasoning.

Other families and lawyers cannot learn from this decision, limiting transparency and consistency in future cases.

Calls for Reform and Greater Transparency

Many experts, advocacy groups like PAPA, and affected families call for reforms to balance privacy with openness.

Suggestions include:

• Publishing more court rulings with anonymised details.

• Allowing parents to share their stories without breaching confidentiality.

• Increasing oversight of professionals like CAFCASS officers.

• Introducing clearer standards for evidence and expert testimony.

  
  

These changes aim to improve accountability while still protecting children’s identities.

If you want to help us make the family court system more transparent and accountable for their failings, then please take part in our Family Justice Transparency Report.

Our report is the largest independent data-set of family court data and we will be submitting this to parliament when it's completed, to show the urgent need for reform.

Add your voice to the data here.

Balancing Privacy and Accountability

Protecting children’s privacy remains crucial.

However, secrecy should not prevent families from seeking justice or the public from understanding how the system works.

Transparency can build trust, improve standards, and reduce errors.

Family courts must find a middle ground where sensitive information is safeguarded but the system remains open enough to allow scrutiny and learning.

The family court system’s secrecy was created with good intentions but now raises serious concerns.

It often protects the system more than the children it aims to serve.

Greater transparency and accountability are needed to ensure families receive fair treatment and the public can trust the process.

Without change, secrecy risks leaving vulnerable children and parents without a voice or recourse.

In need of help or support?

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This will give you access to our community support forum as well as our Resource Centre, which includes downloadable guides and on-demand courses to help through the process of being alienated and regaining contact with your children.

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