Delays in family court proceedings are leaving thousands of children in England and Wales waiting over a year for care decisions, according to a new report from the National Audit Office (NAO).
The watchdog has called on the government to address mounting concerns over the growing backlog in public law cases, which involve efforts by local authorities to protect children from harm.
The NAO’s findings show a stark rise in delays, with 12% of children in public law cases waiting more than a year for resolution by December 2023. This marks a sharp increase from just 0.7% in 2017, with the number of affected children rising from approximately 70 to 1,200 over that period.
Despite a 2014 government target setting a 26-week limit for public law case resolutions, the average case now takes 36 weeks. In some regions, delays are significantly worse.
London saw average durations of 53 weeks for cases initiated by local authorities and 70 weeks for parent-led cases. In contrast, Wales reported more efficient timelines, averaging 24 and 18 weeks respectively.
The delays are having serious consequences for vulnerable children. Prolonged proceedings can increase the risk of harm, contribute to instability, and disrupt education, friendships, and emotional wellbeing. Children often face extended uncertainty around living arrangements or contact with family members.
The NAO also highlighted significant concerns around private law cases, typically involving parental disputes. As of December 2024, more than 4,000 children were involved in family court proceedings lasting two years or longer. These cases lack a statutory time limit and had an average duration of 41 weeks last year.
Financial pressures on the legal system have grown in parallel. Legal aid spending for public law cases brought by local authorities has doubled, rising from £6,000 to around £12,000 per case between 2018 and 2022. This represents an annual increase of £314 million in legal aid expenditure.
The watchdog attributed many delays to fragmented responsibilities within the family justice system and poor data quality. It warned that the absence of a single oversight body and limited understanding of capacity requirements are hindering meaningful reform.
While the family court system has made a stronger post-pandemic recovery than crown courts, with outstanding case numbers falling by over a quarter since 2021, challenges remain. At the end of 2023, 47,662 family court cases were still awaiting resolution, including 37,541 private law cases.
The government has acknowledged the long-standing strain on the justice system and pointed to measures already underway. These include the expansion of a pilot scheme that has already reduced case times by 11 weeks and a £500 million investment in early intervention support.
The NAO has urged continued efforts to address systemic inefficiencies and reduce waiting times for families and children navigating the family court process.
