Open justice
This article by Professor Aileen Clarke is extracted from the current issue of Observatory magazine
Why is open justice important? If you ask a lawyer, they might tell you that justice must not only be done, but must also be seen to be done. The principle that legal proceedings should be accessible to all is one of the foundations of UK law. In theory, this provides accountability, transparency and public confidence in the legal system.
In practice, though, there are signs that open justice in the UK is in trouble. Since 2023, Dr Judith Townend of the University of Sussex has worked with the Sheila Kitzinger Programme to bring together academics, campaigners, reporters and others to share their experiences of promoting open justice. They agreed that there are some protections and support for accredited journalists to attend cases and access court documents, but other people who want to observe what happens in courts and tribunals face a series of obstacles.
For example, our workshop attendees heard how court listings are unreliable and often unclear. It can be difficult to get access to a court hearing, with onerous security requirements. Many hearings are held online, so observers need to request a link to join – but these are sometimes denied or not sent in time. Once inside the meeting, observers report problems with court layouts and equipment which can make it impossible to see or hear. There are no clear mechanisms for making complaints.
These are not straightforward problems to solve: security is essential, the court system is complicated, and there are valid concerns about opening up hearings where confidentiality and data protection are critical, such as those in Family Court. But as the system stands, a large proportion of UK justice is carried out behind closed doors. With media organisations employing fewer court reporters than in the past, it is difficult for possible injustices to be monitored and corrected, and undermines public trust in the law. The most vulnerable members of our society are the most likely to be harmed.
However, there is a movement towards reform. The Sheila Kitzinger Programme honours Sheila’s passion in redressing injustices and helping the most marginalised. The Courts and Tribunals Observers’ Network, which ran workshops and a public lecture at Green Templeton in June, is a great example of how the programme continues the legacy of Sheila and her late husband Uwe Kitzinger.
Members of the network made detailed submissions to a Ministry of Justice consultation in 2023, and have continued to inform the new Transparency and Open Justice Board established by the Lady Chief Justice in April 2024. The board is chaired by Mr Justice Nicklin, who came to our Open Justice Network workshop at Green Templeton College in May, afterwards delivering a public lecture which was picked up by the media. This emphasised his aim to embed open justice into the workings of every court and tribunal in England and Wales, and outlined some of the plans the board is considering, including the establishment of key open justice objectives, more effective use of digital technology, and appointing His Majesty’s Courts and Tribunals Service open justice champions.
This workshop and public lecture perfectly illustrate the work of the Sheila Kitzinger Programme at Green Templeton College which funds creative, collaborative approaches to complex medical, legal and social problems affecting vulnerable people.
Professor Aileen Clarke is an Associate Fellow and chair of the Sheila Kitzinger Programme Steering Group at college.
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Mr Justice Nicklin issued an Update on the Transparency and Open Justice Board on 30 April 2026 after this was originally published
