Children “left in limbo” waiting for family court decisions, warns Law Society President

According to data provided by Cafcass, children who have been removed from their parents by the state are having to wait an average of 46 weeks to get a final decision on where they will live.

In January 2023, the President of the Family Division, Sir Andrew McFarlane, said there was an expectation for all new public law cases to conclude within the statutory timeframe of 26 weeks.

The Law Society noted that “worryingly, in 13 out of the 42 designated family judge areas in England and Wales, the wait is double the recommended government target of 26 weeks”.

The areas with the worst public law delays in the latest quarter of 2022-2023 were, according to Cafcass:

• East London – 60 weeks
• Norwich – 60 weeks
• West London – 58 weeks
• Wolverhampton/ Telford – 58 weeks

The area with the shortest wait was Worcester, at 24 weeks.

Outlining the impact of “unacceptable backlogs” in the family courts on children, Law Society President Lubna Shuja said: “They are suffering the very real consequences of months and sometimes years of uncertainty about their future, preventing them from having the stability they need to thrive.”

She added: “Our members are telling us of instances where court delays are leading to increased tension between parties. This is undermining a collaborative and child-centred approach to family separation.”

The Society has called on the government to restore early legal advice in family law cases, “to help parents better understand their rights and their options for resolving issues involving children”.

Shuja said: “The government is focused on introducing mandatory mediation in family cases as the way to solve the backlogs in the courts, but mediation is not always appropriate.

"Early legal advice means separating couples can get the guidance they need to identify the solution that works for them – solicitors can assist in negotiating settlements or refer them to mediation where appropriate.”

A Ministry of Justice spokesperson said: “We want to support family disputes to be resolved as effectively and quickly as possible and where appropriate to avoid the stress and conflict of the court room.

“That is why we have been taking decisive action to improve waiting times in the family courts, with over 3,000 more private law cases reaching conclusion in 2022 than in 2017, and are investing £24m in our landmark mediation scheme to prevent disputing parents from needing to go to court in the first place – while also investing millions in early legal support for those who do need to see a judge.”

Lottie Winson