The State of English Family Court Delays in 2024

Family court delays in England have reached concerning levels in 2024, causing significant distress for families navigating the legal system. These delays affect various types of cases, from child custody disputes to care proceedings and have far-reaching consequences for children and parents alike.

The Scale of the Problem
As of 2024, the average time for private law cases, which typically involve disputes between separated parents over child arrangements, has increased to 47 weeks from application to final order. This means families are waiting nearly a year for resolution, a situation that can exacerbate tensions and negatively impact the well-being of children.

In public law cases, which often involve local authorities and child protection issues, the situation is equally troubling. Only 23% of these cases are being resolved within the target timeframe of 26 weeks set by the Public Law Outline (PLO). The average duration for public law cases has risen to 44.4 weeks, the highest level in nearly a decade.

Impact on Families and Children
The consequences of these delays are profound:

• Increased conflict: Prolonged legal battles can intensify animosity between parents, making it harder to reach amicable agreements.
• Emotional harm: Children caught in the middle of these disputes experience unnecessary stress and emotional turmoil.
• Financial strain: Extended legal proceedings can lead to mounting costs for families.
• Uncertainty: Key issues like living arrangements and contact time remain unresolved, disrupting a sense of stability.

Factors Contributing to Delays
Several factors have contributed to the current backlog:

• Increased caseload: The number of family law cases has surged, putting pressure on an already strained system.
• Rise in litigants-in-person: More individuals are representing themselves in court without legal support, often leading to longer proceedings.
• Resource constraints: Reductions in court funding, judges, and even court buildings have impacted the system’s capacity.
• Pandemic aftermath: While delays were an issue before 2020, the COVID-19 pandemic exacerbated the problem.

Efforts to Address the Issue
The family court system is not standing idle in the face of these challenges. Several initiatives are underway to tackle the backlog:

• The Pathfinder Model: This new approach aims to reduce conflict and prioritise children’s needs by moving away from the traditional adversarial model.
• Public Law Outline (PLO) Relaunch: There is a renewed focus on adhering to the 26-week timeframe for public law cases.
• Increased Transparency: Some family courts are now allowing media access, which may lead to improved practices and decision-making.
• Modernization: The pandemic accelerated the adoption of electronic bundles and virtual hearings, potentially streamlining some processes.

Looking Ahead
While these efforts are promising, the family court system in England still faces significant challenges. Reducing the backlog will require sustained effort, additional resources, and potentially fundamental changes to how family disputes are resolved.

For families currently navigating the system, it’s crucial to seek support and explore alternative dispute resolution methods where possible including arbitration and private Financial Dispute Resolution hearings where the parties pay for an Arbitrator or Evaluator. In that instance, it is conceivable for a case, from start to finish, to conclude in around three months as opposed to the year mentioned above. That 12-month period is also reliant on the matter not being adjourned at the last minute because a judge is unavailable with all the wasted legal costs caused by that last minute ‘pulling’ of the case. This leaves the parties and the children in no man’s land until the matter is listed again.

The message is clear: if it is at all affordable then the parties can and should pursue other methods of resolution including those mentioned above.