Family Court statistics: backlogs and delays continue

The latest quarterly family court statistics have been published.

Latest statistics show a decrease in the number of cases started in the Family Courts, with 68,134 new cases started in January to March 2022, down 6% on the same quarter in 2021. This was due to decreases in most case types including financial remedy (18%), adoption (17%), private law (9%) and matrimonial (2%) cases. However, there was an increase in public law (4%) and domestic violence (2%) case starts.

On average, care proceedings took longer with fewer disposals within 26 weeks.  The average time for a care or supervision case to reach first disposal was 49 weeks in January to March 2022, up 6 weeks compared to the same quarter in 2021. 17% of cases were disposed of within 26 weeks – down 5 percentage points compared to the same period in 2021.

The average time for divorce proceedings remains unchanged. The mean average time from petition to decree nisi was 26 weeks, and decree absolute was 56 weeks – the time to nisi was similar to the equivalent quarter in 2021 whilst time to absolute was up 5 weeks. The median time to decree nisi and decree absolute was 12 and 33 weeks respectively.

There were 30,154 divorce petitions filed in January to March 2022, down 2% on the equivalent quarter in 2021. There were 23,973 decree absolutes granted in January to March 2022, a decrease of 20% from the same period last year.

The number of domestic violence remedy order applications increased by 3% compared to the equivalent quarter in 2021, while the number of orders made decreased by 8% over the same period.

In January to March 2022 there were 1,014 adoption applications, down 14% on the equivalent quarter in 2021. Similarly, the number of adoption orders issued decreased by 24% to 890.

There were 1,666 applications relating to deprivation of liberty in January to March 2022, up 14% on the equivalent quarter in 2021. Orders decreased by 35% in the latest quarter compared to the same period last year.

Commenting on the statistics Law Society of England and Wales president I. Stephanie Boyce said:

“We have persistently voiced our concern about the significant backlogs in the family courts – which pre-date the pandemic. Delays can cause significant harm as well as uncertainty for the parties involved.

HM Courts & Tribunals Service 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 family matters.

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.

A thorough investigation should be conducted on the effective operation of the courts, the increase in backlogs and the impact this is having on families having to represent themselves.”

Anthony Kiernan, Consultant & Head of International Family Law at Thomas Mansfield, said:

“The figures show a 14% growth in the number of started cases as compared to the seasonal dip in the previous quarter. Still, the new cases are down 6% in comparison to January – March of last year, likely in anticipation of the new divorce process that was enforced in April 2022.

It is obviously positive that spouses are no longer forced to set out horrible statements about their partners to end a marriage. Unfortunately, the new law will not have any impact on resolving children or financial matters, and that is where the real problems are.

In the Southeast, for example, delay in the court process is now so bad that lawyers frequently advise clients to partially opt out of the system and engage in arbitration. For those who can afford it arbitration is much speedier and can be cheaper in the long run. Even then arbitration awards must be sanctioned by the courts, but it is still much quicker than having to wait for a court hearing.

But it doesn’t have to be like this. There is also an option of alternative dispute resolution, including mediation, collaborative law and the old-fashioned practice of negotiating around a table. These can be cheaper, quicker and most importantly far less stressful ways of ending a marriage.”

Commenting on less divorce petitions being filed and the introduction of no-fault divorce, Hannah Gumbrill-Ward, Solicitor at Winckworth Sherwood, said:

“During the first quarter of 2022, there were 2% less divorce petitions filed than in the corresponding period in 2021 which is in keeping with the 5% reduction in petitions seen across the whole of 2021 – when compared with 2020. These figures may be explained by the looming introduction of no-fault divorce in April 2022, which saw HM Courts & Tribunals Service receive around 3,000 applications for divorce within just a week. The next set of statistics which will cover April to June 2022 should be released in October and it is these figures which will show whether the initial flurry seen with the introduction of no-fault divorce continued, or whether the applications evened out to reflect similar numbers to previous years.”