Family Court quarterly statistics: a call for alternatives to courts

The pandemic and associated lockdowns have led to an increase in reports of domestic violence and relationship breakdowns. Family practitioners have noticed a surge in enquiries, and this is reflected in the courts. “The volume of work is simply overwhelming,” commented Rt Hon Sir Andrew McFarlane, president of the Family Division.

Quarterly statistics

On 24 June 2021, this increase was confirmed by the Family Court Statistics Quarterly report which makes for an alarming read, considered in light of McFarlane’s statement: “[C]learly the pandemic has made things harder, but we were already overrun”.

71,707 new family cases were issued between January and March 2021, a 7 per cent increase compared to the same period in 2020. The most significant increases were in financial remedy cases (29 per cent) and domestic violence (15 per cent). This period coincided with the third national lockdown; although, unlike during the first lockdown, the courts remained open.

Remote hearings

The courts have adjusted to a remote system and assisted by the Nightingale Courts, a steady recovery of cases has begun. Hearings by video and telephone have become the norm. Although there are benefits, these cases have not been generally as successful, and feedback from parties has been that they felt removed and distanced.

The Nuffield Family Justice Observatory consultation on this issue found almost half of people attending remote hearings had not fully understood what had happened, and many respondents expressed concern about the difficulty of ensuring the process is “fair and just”. One magistrate reported: “I find it very difficult to get a proper grip on the case without seeing the parties”. 

Delays

Another concerning issue within the quarterly statistics is the impact on case timelines, particularly in care proceedings. Private law cases have also suffered, taking on average 40 weeks to reach a final order, up by 10 weeks from 2020.

In some areas it is expected parties will soon be waiting 26 weeks to first hearing, and 2 years to final hearing. It has become commonplace for hearings to be adjourned, frequently at short notice, and at significant cost to the family, who have no realistic route for compensation.  

Alternatives to court

It has never been more apparent that the court should be treated as a destination of last resort – the legal version of A&E. But where does this leave us? What are the alternatives?

By launching the ‘£1 million voucher scheme’ in March, the government made it clear mediation should become the go-to option for family disputes. The scope of the funding is limited, with just the first 2,000 families given £500 towards their mediation, but the investment has been welcomed by the Family Mediation Council.

Mediation remains one of the few areas where legal aid is available. The benefits are not simply limited to costs and avoiding the court room. There are few options that enable participants to ‘own’ their situations and feel in control of their own outcome.