Thousands of children and domestic abuse victims caught up in family courts chaos

The ordeal facing children and parents caught up in the nation’s creaking family courts system is laid bare in a hard-hitting new report. More than 4,000 children were involved in public and private law cases which had been open for longer than 100 weeks by last December.

The chaos in the family courts means around one in three cases have at least one hearing cancelled before one takes place, resulting in “delays and wasted resources”.

Westminster’s cross-party public accounts committee found children and families are being let down. Government departments are blasted for not expressing “any urgent need to bring the waiting times down to an acceptable level”.

The MPs warn delays “weigh heavily” on children – in particular domestic abuse victims.

Family courts are criticised for being “complex, inefficient and difficult to navigate”. Court staff are poorly trained or resourced to support domestic abuse victims who needs are “not being met” in the family justice process.

The report warns the “statutory time limit of 26 weeks for most public law cases has never been met”.

Delays are worsened by a lack of district judges and social workers. The situation is particularly bad in London, where public law cases last an average of 53 weeks, compared to 24 weeks in Wales.

The MPs note that settling out of court can be quicker and bring benefits for children – and ask whether £2billion of new investment in children’s social care will be used to help families stay together and avoid the court system.

Clive Betts, the deputy chair of the committee, said the evidence sent to the committee left the MPs with a “picture of a system badly letting down the children and families that it is there to serve”.

He said: “Alarmingly, when challenged on unacceptable waiting times in the system, Government fell back on defending moderate improvements since the pandemic, rather than appreciating the urgent need for reform glaringly obvious to court users. Of particular concern to our inquiry was evidence that the system is not meeting the needs of domestic abuse victims.”

Mandip Ghai of the charity Rights of Women said: “Family courts exist to safeguard children and protect survivors of domestic abuse, yet the reality of a crumbling system leaves many facing uncertainty, hardship, and ongoing harm. Families are left waiting months or even years, during which women and children can remain trapped in unsafe situations...

“With overstretched professionals, women who have experienced or are experiencing abuse and/or coercive control too often encounter a lack of specialist understanding. Proper investment in family courts, the professionals who uphold family justice, and legal aid is essential to ensure families can live with safety and stability.”

A Government spokesperson said: “Delays can have a devastating impact on children and families who are waiting on a resolution so they can get on with their lives. That’s why we’re committed to reducing waiting times in the family court – investing £500million in early intervention for vulnerable families, expanding a pilot that puts children at the heart of the court process and better support for victims of domestic abuse.”