Family Court delays continued to worsen in the third quarter of 2022 despite case numbers remaining relatively steady, new data has revealed.
Most timeliness measures have seen increases from the same period in 2021, and the average time taken for a private law case to get a final order granted is up over four weeks from the same period last year.
Specifically with regards to divorce, the average time for divorce and annulment cases to reach first disposal was up 19 weeks compared to the equivalent quarter in 2021 – this includes both old and new divorce cases, with the latter incorporating a 20-week wait between application and the conditional order.
This comes as there were 28,921 applications made under the new law (77% from sole applicants, 23% from joint applicants), an 8% increase from the Q3 2021. Under the old divorce law, there were 19,782 decree absolutes granted in July to September 2022, down 28% compared to the same quarter in 2021.
Private law cases also took longer, with the average time to first disposal in July to September 2022 taking 29 weeks, up three weeks compared to the same period in 2021.
Overall, the number of cases started in the Family Courts sat at 65,691 between July and September, similar to the equivalent quarter in 2021. This was due to decreases in financial remedy (20%), public law (2%), adoption, and private law (both 1%) cases which were offset by increases in matrimonial (8%) and domestic violence (2%) case starts.
There were 9,804 domestic violence orders made in July to September 2022, up 1% from the same period last year. 94% were non-molestation orders and 6% were occupation orders, with non-molestation orders up by 1% and occupation orders down by 1% compared to the equivalent quarter in 2021.
The number of Children Act cases decreased, with public law cases falling 2% and private law cases falling 1% respectively when compared with the same quarter last year.
“We have long voiced our concern about the delays in the family courts – which pre-date the pandemic. Delays can cause significant harm as well as uncertainty for the parties involved,” said Law Society of England and Wales President Lubna Shuja:
“Private children’s law cases were taking on average 45 weeks in July to September 2022, five weeks longer than the same period in 2021.
HM Courts & Tribunals Service (HMCTS) has previously estimated that it may take three years to return to pre-pandemic levels, which is very worrying, particularly for cases that concern children and sensitive family matters.
The UK government must ensure that there are sufficient fee-paid and full-time judges to deal with existing and new caseloads.”
Legal representation
Legal Aid certificates granted for family work decreased by 1% in July to September 2022 compared to the previous year. However, certificates completed increased by 5% and associated expenditure has increased by 24% compared to the same quarter the previous year.
With regards to timeliness, in general, cases where either both parties or the respondent only had legal representation took longer to be disposed of than those cases where only the applicant was represented or where both parties were without legal representation.
The change seen in the pattern of legal representation is also demonstrated in private law cases with at least one hearing where the proportion of parties with legal representation stood at 59% in 2012 compared to 28% in July to September 2022.
The proportion of parties with legal representation in cases with at least one hearing varies by case type and range from around 73% for financial remedy cases to 3% for adoption cases, with figures subject to change as new cases progress.
Further data is available here.
One Response
I opened my own McKenzie Friend practice when I was made redundant 10 years ago. I qualified ILEX about 35 years ago and have almost 40 years experience in family law – managing family law departments etc. I largely conducted all of my own advocacy. I am NOT a fellow of ILEX but an associate. I saw that when legal aid was cut for family cases there was a gap for those who could not pay hefty solicitors fees. Hence I set up my own MCKF law consultancy. My frustration when it comes to court, is that I have no automatic right of audience. I sit beside my client and see them struggling with what to say and how to speak to the Judge, knowing what outcome they want etc. I could so easily just speak and let the Judge know exactly where we were. Many solicitors know me well and have no problem at all in dealing with me – correspondence, negotiations etc. But there are others who will not communicate with me at all, even though I have gone as far as sending them my CV! I am 62 years old and not at an age where I want to start my CILEX exams. I believe that going forward, McKenzie Friends should be regulated and have professional indemnity insurance (I am on the Society of Professional McKenzie Friends register and we have to have either a legal qualification and/or several years of experience plus we have to be insured). I believe its the way forward for clients who would be ostensibly acting in person but with the FULL assistance of a McKenzie friend to support, advise and assist and also other solicitors to recognise that genuine McKF’s can help the case greatly. I think the practice direction regarding McKF should be revisited. This can only assist client’s with fees. Many cannot or do not wish to pay £150 – £400 an hour plus vat.