Transparency reforms will improve England and Wales family courts despite resource constraints
Source: https://www.theguardian.com/profile/editorial. "The Guardian view on family justice: transparency should help a flawed system to improve | Editorial | The Guardian." March 30, 2026. www.theguardian.com
The Gist
The Guardian argues that letting journalists report on family court cases is a good step forward for a troubled system. While the courts desperately need more money and resources, making them more open to public scrutiny will help identify problems and push for improvements.
Conclusion
New transparency rules allowing journalists to report on family court cases represent meaningful progress toward improving a flawed system, even though transparency alone cannot solve the courts' fundamental resource problems
Premises
- The new transparency orders that allow journalists and legal bloggers to report on family court cases (while protecting anonymity) signal that the public has a right to know about these proceedings
- Awareness of the family justice system's flaws through increased transparency helps ensure that problems are addressed and reforms are implemented
- Transparency reforms are part of a broader package of improvements including new rules on expert witnesses and child-focused courts that show promising results in pilot schemes
- The family court system is chronically overloaded and underfunded, with children in council care 16% higher than a decade ago and legal aid cuts excluding family lawyers
- Resource constraints, especially the removal of legal aid in private law cases, make reaching correct judicial decisions even more difficult
Assumptions
- Public scrutiny and accountability lead to better institutional performance
- Transparency creates pressure for systemic improvements even without additional resources
- Gradual reform is preferable to maintaining the status quo of closed proceedings
- The benefits of openness outweigh potential privacy concerns when anonymity is protected