Funding family courts necessary for children

The Law Society of England and Wales has voiced strong support for the findings of the National Audit Office's (NAO) report regarding the family court system. Released on 21 May, the report highlights significant issues affecting thousands of children who remain in prolonged legal limbo. In December 2024, approximately 4,000 children were caught in family law cases lasting 100 weeks or more, revealing systemic delays that have persisted despite government promises to resolve care proceedings within 26 weeks since 2014.

The report also noted a troubling rise in individuals representing themselves in court, with litigants in person (LiPs) increasing from 13% in 2013 to 39% in 2024. This shift raises concerns about the accessibility and efficacy of the legal system, particularly for those lacking legal expertise. An urgent need for improved government data to identify the causes and implications of these delays was also emphasised, as was the fragmented nature of decision-making within the family justice system, where no single body holds overall accountability.

Richard Atkinson, president of the Law Society, expressed the need for a more efficient and equitable justice system by stating, “Our children and families need a fast and fair justice system. The NAO report reveals that while there have been improvements in reducing court backlogs, delays persist." He further articulated that prompt case resolutions minimise complexities and lower overall costs, highlighting the financial implications for taxpayers.

Atkinson attributed the increasing number of self-represented litigants to cuts in legal aid, a crucial public service. He explained, “These cases take longer because often they involve deeply emotional issues for individuals who do not have legal experience, which increases the chances of going to a final hearing as they are less likely to know what a reasonable settlement looks like.” He called for better data collection to enhance understanding of the family court's functioning, stressing the importance of transparency in addressing systemic issues.

He continued, “Making sure there is a joined-up approach to gain a shared understanding of what good quality support looks like from a child’s point of view also remains essential.” The commitment of court staff, judges, and professionals to achieving positive outcomes for the public was acknowledged, but Atkinson concluded with a plea for the government to invest more comprehensively, stating that a broader approach is necessary to meet the needs of children and families in the justice system.