Office for National Statistics (ONS) figures for the fourth quarter in 2021 show care and supervision cases took 47 weeks on average to reach first disposal, up five weeks from the same period in 2020 and the highest average since 2012.
Fewer than a quarter (23%) met the 26-week limit set by the Children and Families Act 2014.
Overall, 17% fewer new cases across all case types were started in the quarter compared to the same period in 2020. This breaks down to 25% fewer matrimonial, 18% fewer adoption, 12% fewer private, 7% fewer public law and five per cent fewer domestic violence cases (despite reported incidences of domestic violence rising 6% in the year to March 2021).
The ONS considered the drop in matrimonial cases might be due to couples waiting for the introduction of no-fault divorce in April 2022.
Law Society president I Stephanie Boyce said: ‘Delays can themselves cause significant harm as well as uncertainty for the parties involved.
‘It has previously been estimated by the HM Courts & Tribunals Service (HMCTS) that it may take three years to return to pre-pandemic levels, which is a great cause for concern, particularly for cases that concern children and family matters. From the outset, we’ve said the UK government must maximise existing court capacity, boosting it through Nightingale courts to allow more in-person hearings to take place safely.
‘The UK government must ensure, so far as possible, that there are sufficient fee-paid and full-time judges to deal with existing and new caseloads.’
Boyce also highlighted the lack of any data on litigants in person (LiPs) in the latest statistics.
‘Members working in family law continue to report about the high number of LiPs in the court system,’ she said.
‘In most cases, LiPs are unable to afford representation and have no choice but to represent themselves. This impacts court time and resources and make the provision of representation under legal aid contracts a cost-effective solution to the backlogs.
‘It would also enable the most efficient use of court capacity across the country. Although this is not within the control of the courts, it is a key concern that should continue to be raised by the sector.’
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