The latest Ministry of Justice (MoJ) figures show children continue to be ‘trapped’ by the courts system, with decision times on public law cases still in excess of the 26 week time limit.
There were 7,123 children involved in new public law cases from April to June 2025 according to figure published in the last week, with an average waiting time of 38 weeks to reach a final decision regarding a child’s arrangements. 20,453 children were involved in private family law cases taking an average of 39 weeks to reach an outcome.
Although the time taken is coming down, much more work is still to be done said Jasmin Talai, Senior Associate in the Family and Children law team at Russell-Cooke, LLP
“Whilst children’s cases concluding more swiftly is a step in the right direction, it remains a serious and concerning issue that a significant portion of care proceedings are not meeting the statutory 26-week limit. The reality on the ground is that some of the most vulnerable members of society, including children, are suffering the consequences of long delays. Today’s statistics highlight that the issue is ongoing and that in the absence of change and or investment in the court system to resolve such issues, families will continue to be exposed due to delays. A main concern for family lawyers is that the delays are directly linked to an ongoing shortage of district judges and social workers available to manage the cases and support families during proceedings.”
The Law Society of England and Wales has called on the MoJ to ensure courts are not overlooked when trying to restore the UK justice system; with investment needed in family courts and civil legal aid to maintain a ‘level playing field’ for those seeking legal support. Law Society president Richard Atkinson said:
“The amount the government invests in our family courts directly affects the welfare of children who are involved in ongoing cases.
“The family courts touch many lives on a daily basis, yet they are often forgotten when it comes to investment and upkeep. The family courts are a vital part of our communities and allow families to prioritise children’s safety and security in the justice system.
“Families must be served better by our courts. Legal aid must be accessible when a child’s welfare and home are at stake. We urge the government to further invest in family courts and civil legal aid to ensure families can access justice, free children from legal limbo and allow them to move on with their lives.”
The figures also show a small reduction on the number of divorce applications in Q3 2025 compared with the same period in 2024. The 26,412 applications was down 3% on Q3 2024, ‘undermining’ concerns the introduction of ‘no fault divorce’ in 2022 would trigger a sustained boom in separations. “While there was an initial surge in applications immediately after the reforms were introduced, the longer-term picture tells a different story” explained Talai. “When compared with the same quarter in 2021 – before the introduction of no-fault divorce legislation and the online divorce process – the figures remain broadly stable, suggesting no significant change.”
Talai also raises concerns around the ability of the courts to cope with the increasing demand for financial remedy (FDR) proceedings in light of the recently announced reduction in the number sitting days in the London Financial Remedies Court, reducing the number of opportunities for FDR. President of the family division, Sir Andrew McFarlane announced in September judicial resources will be cut due to insufficient allocation of family court sitting days for the 2025/26 financial year following a requirement from the Ministry of Justice more family court time be scheduled for public law cases.
Talai described the 10% increase in FDR applications in Q3 2025 compared with 2024 as ‘troubling’ and ‘concerning’ with cases being ‘double listed’ meaning ‘an individual’s potentially long-awaited trial date would simply be listed as a ‘back up trial’ and if the primary trial were to go ahead, they would not be seen at all. It was suggested that best endeavours would be used to provide at least 3 days’ notice but this still takes no account of the fact that those individuals would already have incurred full fees for lawyers to prepare, not to mention the emotional toll of preparing for such a trial.’
She concluded
“These statistics also need to be considered alongside an increase of couples using Non-Court Dispute Resolution options to resolve disputes. There has been an increase in couples using mediation and arbitration to resolve matters that may otherwise been determined by the court.”
