Family Court statistics reveal delays continue

The Ministry of Justice (MOJ) has published the latest quarterly family court statistics for the period October to December 2021.

Figures show the average time for a care or supervision case to reach first disposal was 47 weeks in October to December 2021. This is an increase of five weeks compared to the same quarter in 2020. 23% of cases were disposed of within 26 weeks, a decrease of 4% compared to the same period in 2020.

The average time for divorce proceedings has decreased however, with the mean average time from petition to decree nisi 25 weeks, and decree absolute at 53 weeks, down 5 weeks and 2 weeks respectively when compared to the equivalent quarter in 2020. The median time to decree nisi and decree absolute was 11 and 28 weeks respectively.

There were 22,683 divorce petitions filed in October to December 2021, a decrease of 26% on the equivalent quarter in 2020. There were 25,820 decree absolutes granted in October to December 2021, an increase of 2% from the same period last year. Annually, there were 107,724 divorce petitions filed and 113,920 decree absolutes granted throughout 2021, down 5% and up 10% respectively compared to 2020.

The number of domestic violence remedy order applications decreased by 4% compared to the equivalent quarter in 2020, while the number of orders made decreased by 12% over the same period.

There were 1,687 applications relating to deprivation of liberty in October to December 2021, up 24% on the equivalent quarter in 2020. Orders were similar to the same period last year.

Commenting on the figures, practitioners and experts within the industry have expressed concern over the increase in delays, and also agree that the introduction of no fault divorce has impacted figures significantly.

Law Society of England and Wales president, I. Stephanie Boyce commented:

“We have voiced our concern about the significant backlogs in the family courts – which pre-date the pandemic. The existing problems have been compounded in the last two years.

The impact on timeliness also continues to be felt, particularly in delays to care proceedings. On average, care cases took 47 weeks to reach first disposal in October to December 2021, up 5 weeks compared to the same quarter in 2020.

Delays can themselves cause significant harm as well as uncertainty for the parties involved.

It has previously been estimated by the HM Courts & Tribunals Service (HMCTS) that it may take three years to return to pre-pandemic levels, which is a great cause for concern, particularly for cases that concern children and family matters.”

Emily Brand, Partner at Boodle Hatfield, commented:

“The low number of divorce applications suggest separating spouses may have been running down the clock until the law changes.

Blaming one person on the breakdown of a marriage can create acrimony during what is an already extremely difficult time. The introduction of No Fault divorce may start the process on a less antagonistic footing. However, the absence of the cathartic relief of a behaviour-based petition might lead the wounded party to start satellite proceedings in an attempt to seek justice elsewhere. This may particularly be the case in the current environment where allegations of coercive and controlling behaviour are rocketing.”

Laura Burrows, Associate at Collyer Bristow, commented:

“The latest figures from the Family Courts Quarterly statistics showing a significant drop of 26% over the same quarter in 2020 suggest that, as predicted, couples are waiting for the new no fault divorce law which comes into force on 6th April 2022.

This huge change will allow couples, either individually or jointly, to apply for a divorce without accusing one another of unreasonable behaviour or adultery and will stop one party from contesting a divorce if the other applies for one. It remains to be seen whether the court’s online system will buck the trend of recent government IT programs and be able to cope with the huge number of new cases it will undoubtedly be flooded with as soon as it becomes available.”

Louise Minifie, Senior Associate in the Family team, Thomas Mansfield, commented:

“The Ministry of Justice have released the Family Court statistics for October to December 2021. There has continued to be an improvement in the average time from petition to decree nisi, down 5 weeks, and decree absolute by 2 weeks. With the introduction of no-fault divorce on 6 April 2022, this should fall even further, to 20 weeks from the date of petition to decree nisi and 26 weeks to decree absolute.

There has been a reduction in the number of divorce petitions issued at the end of 2021. This figure is likely to go up drastically in the coming months as, from my experience, clients are waiting until 6 April so they do not have to blame each other for the breakdown of the marriage.

Unfortunately, the Court continues experiencing the impact of the pandemic in long delays in concluding financial remedy applications. That is why the Judiciary are introducing measures to encourage more efficient conduct in financial remedy proceedings, as well as continuing to promote mediation, arbitration, or private hearings as an alternative to Court proceedings.”