Pressure on the Family Courts and the Reason for Delay

The pressures on the Family Court system have increased heavily since 2016 and Sir Andrew McFarlane has recently stated that the “system is… trying to run up a down escalator” when dealing with the unprecedented increase in childcare cases.

Where has the pressure come from?

• Cuts to Legal Aid leaving claimants in the Family court unrepresented and often ‘emotionally charged’ when before a Judge or Magistrate
• Increase in complex cases
• Increase in the volume of cases

As a result of a heavily burdened system, the President of the Family Division and Head of Family Justice, Sir Andrew McFarlane has offered his profound thanks and appreciation to all involved in the family justice system for continuing to provide results for children and their families.

Behind the scenes of the Court system every judge, magistrate, lawyer, social worker, CAFCASS officer and members of staff involved in the family justice system have been working tirelessly to keep the system running and delivering results for the benefit of children and their families.

However, it can be frustrating for all involved when court dates are set months in advance due to the availability of Judges, court staff and court rooms. All of which have impacted on the pressure on the Family Courts.

How can the pressure be reduced?

In some circumstances, there are cases involving family breakdowns which do not need to see the inside of a court room and can be diverted away from court.

Sir Andrew McFarlane stated, “They would be better dealt with persuading the parents not to come to court”. There are other services such as family mediation or dispute resolution which can offer better solutions for some families whose differences can be negotiated, and an agreement can be made.

Unfortunately, there is no ‘quick fix’ to assisting the pressure on Family Courts and it is unlikely that there will be any new money to deal with extra court resources. Therefore, claimants and respondents within public law proceedings need to be made aware of the current position of the Family Courts and unfortunately delay will be a feature for some time to come.

For further information regarding this blog, please contact me on 01332 364436 or at e.sherwood@timms-law.com

Emily Sherwood
January 2020