Analysis from the Nuffield Family Justice Observatory has revealed a steep rise in private law applications, with current levels last seen in 2020.
But Nuffield FJO researcher Dr Caitlin Shaughnessy, reporting on the latest data from the Ministry of Justice, says the increasing number does not appear to have had an impact on the duration of proceedings, which has been decreasing in both public and private law.
Last year saw the steepest rise in private law applications in the last 10 years, Dr Shaughnessy explained, but demand has fluctuated in the family courts. Caution is advised in “overinterpreting” what may be behind relatively small variations, she suggests.
There is unlikely to be one single factor underlying the increase in private law, Dr Shaughnessy added.
“At a demographic level, the number of children being born is declining and estimates of separated families have remained broadly stable, so it is unlikely to be driven solely by population-level trends.
“Some of the growth may be linked to social challenges related to the cost-of-living crisis and lack of community provision, which could have previously helped to reduce conflict and divert parents from court (such as the capacity of early help or domestic violence services). However, these system challenges predate the rise in cases, which has been seen most acutely in the past year [2025].
“There have been some suggestions that it may also be driven by technological change, such as the use of AI chatbots , which can validate feelings and encourage parents to seek court resolution to conflicts as well as support them to make applications.”
“There are other indications that the use of the courts for families and separated parents was increasing. However, “for care proceedings, the average length of case is now 37.5 weeks, the lowest since 2020, and 38% of cases are now concluded within the 26-week timeframe”.
The number of special educational needs and disabilities (SEND) tribunals had also risen significantly, with nearly 80% growth over the past two years.
“While both of these areas will have separate policy reforms and contexts that will also be driving increases, it highlights the growing role of the justice system as a mechanism for families to obtain support, resolve conflicts or navigate complex family challenges. There has been an increase in demand across family courts and tribunals.”
Dr Shaughnessy identifies current family justice reforms, such as the roll-out of child-focused courts, that may impact these figures in the future, saying longer-term tracking is needed.
Case numbers fluctuate, Dr Shaughnessy points out: private law applications outnumber public law applications by more than three to one and the number of private law cases in any one year has fluctuated more than in public law.
Since 2011, applications have peaked at over 55,000 on three occasions: in 2013 (just before the introduction of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), which then saw a drastic drop), before the COVID-19 pandemic in 2020, and in 2025.
