New family court transparency rules
Landmark rules enhance media access to family courts while safeguarding anonymity, increasing trust in the system
On 27 January, new transparency rules came into effect in family courts across England and Wales. These rules allow accredited media and legal bloggers to report on family court cases in more detail, provided strict anonymity guidelines are followed. A transparency order is now presumed in all cases unless legitimate reasons justify withholding it.
Chris Longbottom, family law expert and partner at Clarke Willmott LLP, hailed the change as a significant step. He noted the transparency pilot trialled in Cardiff, Carlisle, and Leeds was deemed a success, leading to its nationwide implementation. “Media will now be able to quote parties in their reports, interview people and crucially, will have more access to certain court documents. We will need to see how the new rules are treated by the press in the coming months, and media outlets will need to make sure they carefully review the guidelines and stick to them to avoid getting into any hot water,” he said.
Chris emphasised maintaining the privacy and welfare of families, especially children, must remain paramount. He added that the increased transparency might encourage more families to explore alternatives to court, such as mediation and arbitration.
The transparency pilot recorded no breaches of anonymity, setting a promising precedent. Chris further commented, “The transparency rules aren’t the only significant change in the family law landscape this year, it’s a pivotal time. There are reviews around how financial assets are split in divorce and expected reforms to cohabitation laws. These reforms are essential to creating a fair and just family law system which reflects the world we live in now.”