Justice in the Spotlight: How Law for Change supported a victory for transparency in Sara Sharif case
Our funding of the Sara Sharif case was about scrutiny, not blame.
On Friday 26th January, a landmark ruling at the Royal Courts of Justice reaffirmed the importance of accountability and transparency in our justice system. Thanks to the determined efforts of journalists Louise Tickle and Hannah Summers, barrister Chris Barnes, and support from Law for Change, this case challenged excessive secrecy in family courts and delivered a victory with far-reaching implications.
The case that sparked change
The case centred on the tragic death of Sara Sharif, a schoolgirl murdered by her father, Urfan Sharif, and stepmother, Beinash Batool. The family court had previously placed Sara and her siblings in the care of the very people who would go on to take her life. Louise and Hannah sought disclosure of confidential family court documents to shed light on the decisions made and ensure lessons could be learnt.
After 14 months of advocacy, the High Court granted unprecedented permission to disclose dozens of documents, and the journalists paid tribute to the judge for doing so. However, the ruling came with an extraordinary restriction: that even though they had not requested it, and it had not previously been discussed, the judges involved in the earlier decisions should not be identified. This decision, which departed from the principle of open justice, strengthened our resolve to support the legal challenge.
Why Law for Change backed the appeal
At Law for Change, we believe that scrutiny is essential to a functioning justice system. Our funding of this case was not about naming and shaming any individuals who might well have been blameless, but about upholding the public’s right to transparency. Judges, like all public officials, wield authority derived from the people and must be accountable for their decisions—especially in family courts, where life-changing outcomes are at stake.
Justice Williams’ decision to anonymise the judges was unprecedented. He also made capricious and unjustified criticisms of the journalists. No evidence of risk had been presented, and no application for anonymity had been made. This lack of justification risked setting a dangerous precedent for secrecy in cases of public interest.
The Court of Appeal’s historic decision
Law for Change agreed to fund the legal costs and filing fees, and the case progressed to the Court of Appeal, where Louise and Hannah won a resounding victory, with the assistance of their excellent counsel Christopher Barnes. The appeal judges overturned Justice Williams’ ruling, confirming that he had no authority to anonymise the judges. They also criticised his decision-making process as procedurally irregular and highlighted the inappropriateness of his public comments about the journalists’ work.
In their judgment, the Court of Appeal upheld the fundamental principle that courts operate based on law and evidence, not speculation or personal opinion. As Master of the Rolls Sir Geoffrey Vos put it, Justice Williams’ actions demonstrated that he “got carried away.”
The broader impact of the Sharif case
This case has significant implications for the transparency of family courts. Thanks to this ruling, the principle that judges must be publicly accountable has been reaffirmed, preventing a chilling effect on future challenges to secrecy. An open judicial process guarantees public confidence in a system that must operate in the best interests of justice and accountability.
Law for Change is proud to have supported this vital case, which will enable the public to better understand how decisions are made behind closed doors in family courts. This victory is not just about one case—it is a win for transparency, accountability, and the public’s right to know.
Looking ahead
This case reinforces the need for openness when examining what went wrong in Sara Sharif’s tragic case. Scrutiny is the first step towards meaningful change, ensuring that lessons are learnt and improvements made. Our hope is that this ruling paves the way for a more transparent and just system for families across the country. This ruling came in a week when another case that we funded also resulted in a favourable ruling from the Court of Appeal.
At Law for Change, we remain committed to supporting challenges that uphold the principles of fairness, openness, and accountability. Together, we can ensure that justice is not only done but seen to be done.
Read more about our support for the Sara Sharif case in The Guardian.