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Family Court delays and the impact

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The Ministry of Justice has released their Family Court Statistics Quarterly for January to March 2023, bringing to light concerning figures for those embroiled in children private law proceedings or care proceedings.

Holly Lewtas looks at the report and explains what it could mean going forward.

 

What is the current Family Court timescale?

In private law proceedings, the average time it takes for a final order to be made, typically marking the resolution of the case, has increased to an average of 47 weeks, meaning parents, and more crucially children, are faced with anxiety and uncertainty for close to a year. The reality of this is that 47 weeks is merely an average, and numerous families are faced with ever growing delays.

The impact of the COVID 19 pandemic is slowly retreating and, yet it appears the Court timescales are only worsening, leading to calls for reform and improvement to the Justice System.

What is the impact of delays in proceedings?

When people visit solicitors seeking assistance, they are informed of the options available to them, one of which includes court proceedings. It is a significant decision to apply to the court to assist with child arrangements and it is the role of family lawyers to lend their expertise and help achieve an outcome that is best for a child’s welfare.

Instead, family lawyers are faced with giving clients the unfortunate truth, at an already difficult time, that proceedings are lengthy, and parties are likely to be faced with extensive periods of uncertainty.

The thousands of children behind the statistics are failing to be considered. A child’s welfare is the paramount consideration of the court, yet delays in proceedings leave children without stability and little reassurance as to their future. Parents are understandably anxious throughout proceedings and delays can lead to deterioration in mental health, having a knock-on impact on the children.

How can we improve matters?

The Family Justice System in the UK needs to decide what the best way forward is and how to reduce the delays.

Suggested options to reduce delays include:

 

  1. Increasing the scope of Legal Aid

President of the Law Society, Lubna Shuja, suggests the reduction in Legal Aid has led to more people being forced to represent themselves in proceedings. This requires more of the court’s time and assistance.  Indeed, even in cases where one party is represented but the other is not, this still increases the length of proceedings.

An increase in the scope of Legal Aid would allow more people to seek assistance from solicitors who can advise on alternative dispute resolution and if unsuccessful make sure that they received the best representation in any proceedings.

  1. Making early legal advice more accessible to families

Increasing the accessibility of initial legal advice would provide more parents and guardians with the opportunity to explore their options, allowing for a more informed decision as to the best way forward is. This would help reduce the belief that the only route is court proceedings and potentially guard against the delay that the MOJ statistics reports.

  1. Investing in mediation schemes

The Ministry of Justice have proposed investing millions of pounds into mediation schemes. Mediation gives parties the possibility of reaching a decision without the need for court involvement. This would positively impact on parties by reducing acrimony, decreasing waiting times and reducing the need for children to be wrapped up in court proceedings.

This appears to be the step the Ministry of Justice is leaning towards, yet it has not been met with positivity by all.  It needs to be appreciated that not every case is suitable for mediation, such as where domestic violence is alleged.

 

For more information, visit the Family Law section of or website here.