Government faces pressure on family justice delays

The backlog in family courts has decreased significantly, with a reduction of over a quarter since 2021, yet the issue of prolonged case resolution remains a pressing concern. The government's target of resolving most care proceedings within 26 weeks—a timeframe established in 2014—has not been achieved in any instance since its inception. This continued failure underscores the urgency of the situation as highlighted in the recent National Audit Office (NAO) report.

Sir Geoffrey Clifton-Brown, Chair of the Committee of Public Accounts, stated, "Children and families are still waiting too long to have their cases resolved." This is true for over 4,000 children currently involved in legal proceedings that have dragged on for two years or more. The NAO points to complex accountability structures and inadequate knowledge of the delays as key hurdles that must be addressed for improvements to take effect.

While the family courts have evidently improved compared to crown courts post-COVID-19, as of December 2024, there were still 47,662 outstanding family court cases. The staggering volume, with 10,121 initiated by local authorities and 37,541 by families, signals that many children are still waiting excessively long for determinations related to living and contact arrangements.

Issues causing these delays include increased casework demands, systemic capacity limitations, and poor administrative practices. Remarkably, it was noted that 32% of cases had at least one hearing cancelled prior to taking place, requiring rescheduling which further complicates case management. Variations in case duration can be stark; whilst Wales averages 24 weeks for local authority cases, London suffers an alarming average of 53 weeks.

Compounded delays foster financial burdens as well. For instance, from 2018 to 2022, the average legal aid cost for local authority cases doubled, escalating legal expenditure by £314 million annually. The NAO has cautioned that due to fragmented services and overlapping responsibilities among various organisations—including the Ministry of Justice (MoJ), the Department for Education (DfE), and local courts—it is challenging to pinpoint the exact financial outlay for family justice, with estimated spending exceeding £1.8 billion for the fiscal year 2023-24.

Despite these challenges, the government is executing several initiatives aimed at enhancing the efficiency of family court operations. The pathfinder pilot programme, presently running in five regions, endeavours to improve court experiences and outcomes for affected families and children, particularly those exposed to domestic abuse. Early results have been encouraging, revealing reductions in delays and improvements in stakeholder experiences.

The NAO's recommendations to further elevate the family justice system include establishing clear objectives, conducting system-wide assessments of performance issues, and ensuring cohesive operational strategies among government bodies. Gareth Davies, head of the NAO, said, "The government has a range of initiatives to improve family justice services for families and the number of children waiting for court decisions is reducing." He emphasised that although progress has been made, significant barriers persist, necessitating immediate action to enhance system efficiency.

In conclusion, the path to improving family justice in the UK remains fraught with challenges, requiring coordinated efforts and targeted strategies to ensure that delays do not continue to harm vulnerable children and families.