As a firm who work daily with families and children, the recent National Audit Office (NAO) review is deeply concerning.
It highlights that, as of December 2024, over 4,000 children remained in family court proceedings exceeding 100 weeks – almost two years – despite a statutory 26-week target for public law cases. Private law cases average 41 weeks, and public law 36 weeks – well above the legal limit.
The Human Cost
Children caught in protracted legal limbo experience instability and distress: disrupted education, fractured attachments, and immense anxiety. The systemic delays – and rising numbers of litigants in person, now at 39% from 13% in 2013 – compound this problem. Without specialist support, many family carers struggle to present complex cases effectively, prolonging proceedings and exacerbating trauma.
What the NAO Urges
The report calls for a system-wide assessment of delays, robust data transparency, and joined-up governance. Currently, responsibility for family justice is scattered across MoJ, DfE, HMCTS, and Cafcass – with none accountable for overall outcomes or a shared vision of “what good looks like”
Key recommendations include:
- Measurable objectives centred on children and families
- A joined-up formal strategy via the Family Justice Board
- A data/evidence-led approach to targeted reforms
Funding & Resourcing: The Missing Link
The Law Society and CILEX have emphasised that underfunding is at the heart of the crisis.
- Legal aid cuts have forced many to represent themselves, increasing delays and court time
- Cafcass – and court infrastructure – lack capacity amid declining judicial resources. Investment must prioritise early advice, mediation, dedicated judges, and expanded non-court pathways that ease pressure and respond quicker to families at scale.
The Call for Reform
The CYP Now article reinforces urgent reform: measuring outcomes, boosting support for self-represented parties, and strategically reviewing all current initiatives. Professional bodies agree: timely resolution reduces emotional harm and taxpayer costs.
Final thoughts
As a family law practitioners, we support vulnerable children and families through every stage. But compassion alone isn’t enough – the system itself must change. We need:
- Strategic clarity: One accountable body, clear goals, and data-led oversight.
- Proper funding: Legal aid, judges, social workers, and alternative dispute resolution must be prioritised.
- Early resolution: Investing in early advice, mediation, and outreach prevents escalation and re-litigation.
Only by uniting across agencies, properly resourcing the courts, and keeping children’s welfare central can we prevent needless delay, minimise trauma, and deliver justice where it truly matters.
We would encourage these recommendations to be implemented swiftly – for the sake of children currently waiting far too long for a resolution they deserve.
References
Funding family courts necessary for children – Solicitors Journal
CYP Now – Calls to strengthen family justice system after damning report