Press Releases

Ministry of Justice publish
Family court statistics quarterly: October to December 2021 today (31st March 2022)

Private law family case delays at an all-time high
Case duration has doubled in four years and is close to a year on average

Resources have been prioritised to public law (care) cases
however, neither are on child-appropriate timescales

Delays harm children and fuel family conflict

Family courts were not fit-for purpose before Covid-19
and efforts to address the pandemic backlogs have failed

The whole system needs to be re-designed with education and Early Intervention

Today (31st March 2022) the Ministry of Justice (MoJ) published their report latest Family Court Statistics Quarterly: October to December 2021 [1]. Whilst the total number of cases eased compared to the same quarter last is down,11.8% in Private Law, looking at the whole year the reduction in applications was minor at -1.8% .

The easing-off in numbers in cases has not resulted in an improvement in timeliness of cases. The latest data shows that Private Law cases now take, on average, 44.3 weeks, double what it took four years ago. The Covid-19 has clearly been a major factor, increasing times by 16 weeks, but in reality, the figures were getting worse since 2017 and cases now take 21 weeks longer than four years ago. For the system to be fit-for-purpose, it needs to be re-designed to promote out-of-court resolution and investigations of contested facts and serious allegations need to take place within a few weeks rather than months or years.

The timeliness of Public Law (care) cases has followed a similar pattern and these now take on average 46.7 weeks, an increase of 13 weeks since the pandemic and 18 weeks longer than four years ago. The differential between Public and Private Law duration suggests that resources have been prioritised to focus on care cases. Whilst this may seem at first analysis to make sense, it does not address the harm caused when access to a parent has needlessly ceased, without interim arrangements in place and/or the children have been subjected to psychological abuse and the denigration of one parent against another. Neither does it assist when children continue to be exposed to domestic abuse by either the applicant or respondent parent.

Furthermore, at the Children and Family Court Advisory and Support Service (Cafcass) open board meeting of 26th January 2022 it was reported that the Private Law cases that go beyond a first hearing now take 55 weeks and the ones involving the appointment of a Children’s Guardian, are now taking 92 weeks! [2]

Almost three-quarters (72.2%) of children involved in Private Law cases last year were under 10 years old. Delays of two years to determine their family arrangements are not on a child-appropriate timescale.

FNF believe that there is an urgent need for a wholesale review of family justice to focus on education and Early Intervention as identified in our paper ‘A Strategy for Separated Families’.

Chair of FNF, Paul O’Callaghan says: “The latest MoJ data makes for further depressing reading. It is scandalous that children who need the most support when their parents separate are waiting almost two years for their family arrangements to be finalised. Such delays substantially add to the harm to children and exacerbate damaging family conflict, cost to the parties and taxpayers. Conditions need to be created for out-of-court dispute resolution. Given that almost half of parents separate before their children leave school, there is a need a coherent strategy for separated families that focuses on education and Early Intervention. A failure to address these shortcomings demonstrate a flagrant disregard of the children’s best interests in whose name the courts sit. By the time they get round to make arrangements, the damage and harm to children’s wellbeing is often irreversible.”

For further information, quotations from our service users or infographics please contact us by email at media@fnf.org.uk or leave a message on 0300 0300 110.

Notes for editors:
Families Need Fathers - because both parents matter
FNF is the leading registered UK charity providing information and support on shared parenting issues arising from family breakdown, and support to divorced and separated parents, irrespective of gender or marital status. FNF is NOT a fathers' rights group - we support the best interests of children - namely mature and collaborative parenting by both parents - an objective which is inadequately promoted in the family court system and associated services.

FNF receive approximately 25,000 calls for help a year and thousands more rely on our local branch network and online support.
Our primary concern is the maintenance of the child’s meaningful relationship with both parents. Founded in 1974, FNF helps thousands of parents every year.

[1] https://www.gov.uk/government/statistics/family-court-statistics-quarterly-october-to-december-2021
     Family Court Tables: October to December 2021 - Table 1, 5, 9 and 10

[2] Board meetings and reports - Cafcass - Children and Family Court Advisory and Support Service – 26th January 2022
    Chief Executive Officer’s Report (including the Finance Report)

ENDS

31st March 2022

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Media Release - 11th March 2021

FNF issue a statement as the Domestic Abuse Bill approaches its 3rd Reading

The DA Bill provides a legal framework, however, the law alone cannot create a safer society

There is a need for a common purpose with mutual recognition and understanding of the trauma suffered by all victims, especially children affected by family separation

Early intervention, support services and fair access to justice are needed to improve outcomes for children

FNF Statement on Domestic Abuse

Families Need Fathers – because both parents matter (FNF) is a charity that works for the well-being of children in separated families to ensure they have meaningful relationships with both parents, wider family and friends. Our service users include dads, mums, grandparents and wider family.

Given our service users experience of dealing with domestic abuse-related issues, as the Domestic Abuse Bill draws towards Royal Assent, it is our view that the Bill will only achieve its objectives if the issues it addresses are properly supported beyond the actual legislation.

FNF recognises that Domestic Abuse is one of the biggest challenges facing society today.

1. It ruins family life

2. It impairs the development of children

3. It devastates lives

4. It causes mental and physical scars

5. In the extreme cases, it is fatal.

FNF also accept that more serious incidents are inflicted on women or that women are the majority of victims. We believe that all victims of abuse and their children deserve the full protection of the law. The Domestic Abuse Bill provides a helpful legal framework to address much of this, particularly in relation to coercive and controlling behaviour.

Our experience of domestic abuse is primarily in the context of family separation when emotions such as anger, jealousy and feelings of hurt can dominate.

FNF is a charity that is the first point of contact for thousands of traumatised parents. As such we are uniquely placed to understand the trauma caused by contested family court proceedings and the miscarriages of justice that take place when there is no ‘equality of arms’ i.e. where only one party has access to legal aid and the other cannot afford professional representation. Just 15% of legal aid is granted to fathers. Almost all mothers and fathers, without substantial private resources, defending allegations of domestic abuse, are unrepresented in family courts. It is vital, when the issues being determined affect the wellbeing of children, the right decision must be reached. Such cost limitations must not be allowed to impact on the children’s right to a healthy family life.

The legal framework of the Domestic Abuse Bill alone will not, however, make society safer. Zero tolerance has not reduced the epidemic of incidents that is a stain on the nation. Children’s best interests and access to justice will only be served if there are actions beyond legislation.

FNF believe that to achieve a safer society there needs to be a joint approach so that organisations dealing primarily with issues concerning children, men or women can have a better understanding of each other’s concerns.

We urge the Secretary of State to consult a range of organisations, including Families Need Fathers, in the way the role of Domestic Abuse Commissioner engages with stakeholders to ensure that society as a whole supports programmes to address the scourge of family violence. We also invite the Government, judiciary, police and domestic abuse agencies that support children, women and those that support men to work together and with us to ensure that those programmes enable us collectively to achieve a safer society for all. Such programmes are likely to include:

• Addressing delays in access to justice that:
  • traumatise all parties, not least the children involved
  • do not take place on child-appropriate timescales
  • puts children at risk from violent parents
  • expose children to risk of depression and emotional harm when parents and other significant family attachments are removed from their lives simply though lack of money
• Support for victims and perpetrators in breaking the cycle of inter-generational abuse
• Support for families in abusive or mutually abusive relationships · Development of an Early Intervention Pathway in family justice:
  • to protect all parties in family justice
  • to prevent the family justice system from imploding on itself under a deluge of contested Finding of Fact hearings dominated by self-represented parties struggling with the process.
• The creation of an equality of arms and access to justice (possibly by making funding available to children’s representatives rather than their parents).

We look forward to working towards a common purpose and urge all those who are touched by the issues of domestic abuse to do likewise.

11th March 2021

STATEMENT ENDS

Chair of FNF, Greg Downing says: "We must not waste the opportunity that the Domestic Abuse Bill provides by not then following up, not only with support for all victims of abuse, but also children caught up in family conflict. Issues such as unacceptable delays in family and criminal justice must be addressed. The miscarriages of justice caused by the inequality of funding for litigants in person in family courts and the lack of effective measures or support in ensuring compliance with orders made in children’s best interests need to also be resolved. Early intervention and support programmes are needed, along with findings of fact in weeks rather than months and years when allegations are contested. Developing an understanding of the experience of different stakeholders will almost certainly prove to be even more important than the legislation alone."

Notes for editors:

Families Need Fathers - because both parents matter FNF is the leading registered UK charity providing information and support on shared parenting issues arising from family breakdown, and support to divorced and separated parents, irrespective of gender or marital status. FNF is NOT a fathers' rights group - we support the best interests of children - namely mature and collaborative parenting by both parents - an objective which is inadequately promoted in the family court system and associated services. FNF receive approximately 30,000 calls a year to our Helpline and thousands more rely on our local branch network and online support.

Our primary concern is the maintenance of the child’s meaningful relationship with both parents. Founded in 1974, FNF helps thousands of parents every year. Further information please contact us by email at media@fnf.org.uk or leave a message on 0300 0300 110.

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Media Release 31/3/2021

Court of Appeal Issues New Guidance on Children Cases with

Allegations of Domestic Abuse

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Media Release – for immediate release 28th January 2021

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