The Law Society is advocating for more early legal advice to be available to parents to help speed up family law cases and prevent delays that affect children’s welfare. 

Current Delays in Family Law Cases 

The society reports that some children have to wait almost a year to find out who they will be living with long term. Private children’s law cases—where families apply for child arrangements such as where a child will live or who they will spend time with—took an average of 47 weeks to conclude between January and March 2023, up almost four weeks from the same period in 2022. This continues an upward trend seen since mid-2016, where new cases have consistently outpaced closed cases. 

Impact on Families 

Law Society of England and Wales president Lubna Shuja expressed concern about the delays in family courts, stating, “Delays in cases are exacerbating the uncertainty facing families. This must be addressed before the family court system collapses. These delays are preventing parents from being able to see their children and could mean children are left without the stability they need to thrive.” 

Need for Legal Aid 

Shuja attributes the worsening situation to cuts in legal aid and calls for more assistance to be made available. She emphasized that the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) resulted in significant cuts to legal aid. Restoring early legal advice for family cases would mean fewer cases would go to court. Instead, solicitors could assist with negotiated settlements, refer clients to mediation, and better manage client expectations.