Children Cases - Court delays are growing

Delays in private law children proceedings can have profound and lasting impacts on children and families navigating separation or conflict. Despite efforts to streamline the family justice system, many cases continue to face significant backlogs, prolonged hearings, and slow resolution. These delays not only increase emotional stress for parents but also risk undermining the child's welfare - the very principle the courts are bound to prioritise. 

The law society reports that there are some 80,000 children caught up in the legal system. 

The Public accounts committee has reported that on averages cases are taking up to 41 weeks to resolve.    This is significantly beyond the timeframe the courts aim to resolve matters in.

The National Audit Office in May stated that these days were unacceptable and urged the government to take urgent steps to address this growing problem.

Its not helped that over 40% of cases involve cases where both parties are unrepresented.   Going through court proceedings can be stressful and upsetting and having no knowledge of the legal system can understandably cause delays.

Additionally, it is reported that the courts are vastly understaffed with the courts not having enough District Judges to hear matters.  With the courts list remaining consistently full and pilot schemes for courts sitting around the clock not being terribly popular, without a huge recruitment drive, it is hard to see how the Courts are going to start to address this problem.

The Ministry of Justice will look at these issues to try and address the concerns as a matter of urgency.

So what can be done in the meantime?    The courts continue to encourage parties wherever possible to reach resolution out of court.  This does not mean that parties do not have court orders as an agreement made between the parties, can be submitted to the court to be approved and made into an order.

Solicitor lead negotiation may help to expedite matters and in many cases mediation can provide parties with the tools to be able to reach agreements between themselves.

At HCB as many of our lawyers are members of Resolution we approach cases from a conciliation based approach, encouraging parties wherever possible to work together to find a solution that works best for the child.  

For more information contact a member of our Family Team today