Open justice in/action in the Family Courts– are we nearly there yet? Lessons learnt at the sharp end of A Local Authority v X and others [2025] EWFC 126

James Nottage, Barrister, 4PB

The article considers five judgments in A Local Authority v X and Y, a child protection case that unexpectedly became a major test of the 2025 transparency reforms. The parents—teacher and family barrister/DDJ—had created a world of profound physical, emotional abuse and neglect of their children. Proceedings shifted dramatically after the parents rejected the draft judgment, dismissed their legal teams, and threatened to undermine and challenge the courts authority and decision publicly. Their litigation conduct was abusive, personalised against professionals, and relentless. Their sophisticated manipulation of the court process raised acute concerns about the children’s welfare if the parents disseminated a distorted narrative once proceedings ended. The case became a rare example of a guardian actively advancing, and then leading, Article 10 open justice arguments, set against the children’s Article 8 rights. Ultimately, Theis J decided that the children’s welfare required anonymisation, despite strong public interest reasons for naming the parents. This case marks a significant moment in transparency practice, illustrating both the potential and the vulnerabilities of the reformed approach in an era of social media amplification.