Tens of thousands of children in the UK are caught in a family courts crisis, according to a stark warning issued by the Law Society of England and Wales. The crisis is having detrimental effects on their wellbeing, and urgent action is needed to address the situation.
The Ministry of Justice (MoJ) has released the latest figures, revealing that between January and March 2024, there were 27,445 children involved in new family cases. However, these cases are experiencing unprecedented delays, with an average waiting time of 11 months to decide where children will live and with whom they will have contact.
Last year alone, over 100,000 children were trapped in family court backlogs, and the crisis continues to escalate. The Law Society calls for immediate action by the next UK government to prevent an additional 25,000 children from becoming collateral damage in a justice system facing unprecedented challenges.
To address this crisis, the Law Society proposes several measures:
- Restoring Legal Aid: Providing early advice in family matters through legal aid would allow more families to resolve issues outside the courts. Families navigating complex legal processes need support to make informed decisions.
- Early Advice Pilot Program: Committing to the early advice pilot program would help people resolve their problems earlier, reducing the strain on the family courts. Timely advice can prevent cases from escalating and alleviate the backlog.
Law Society president Nick Emmerson expressed deep concern about the impact on children, emphasising that they are “forced to wait almost a year in limbo” due to record backlogs in the family courts. The stress and anxiety caused by this uncertainty can have lasting effects on their mental and emotional health.
“Children are falling victim to the dire state of family courts,” said Emmerson. “The system should aim to protect them, but instead, they are failed by delays and inefficiencies.”
