A 26-week statutory timeframe to conclude private children matters, similar to public cases, should be instigated and adhered to, minimising stress and uncertainty, says a leading family lawyer.
Johanna Brewer, director of Family Law at Wake Smith Solicitors, was responding to the Government’s action plan to combat “unacceptable” delays in the family court, following a report by MPs which highlighted more than 4,000 children were involved in cases yet to be resolved after 100 weeks.
The House of Commons public accounts committee criticised the Ministry of Justice and Department for Education for failing to recognise the urgent need for reform, giving the department three months to come up with an action plan.
Johanna Brewer, director in Family Law at Wake Smith Solicitors, looks at the issue.
She said: “In April 2014, the 26-week time frame came in for public cases (care), and it appears they will be using that as a template/backbone for private children matters.
Although the 26-week time frame to conclude public cases is live, it’s often not met, I hope the same doesn’t become the norm for private children matters.
“Certainly, out of court dispute resolution should be favoured where appropriate, not only in the interests of time and costs, but also to try and minimise conflict, which can often be inflated in the court process due to stress and uncertainty. Dispute resolution will not be possible for domestic abuse matters.”
The report found alarming regional variations in timescales for cases to be decided.
Johanna added: “It is yet to be seen whether Sheffield and surrounding courts will become Pathfinder Courts. The Pathfinder Court is an innovative procedure designed to address parental applications concerning child care arrangements. Judges will request information from agencies involved with the family before the parents attend the first court hearing.
“A key component is the early and extensive involvement of Cafcass (Children and Family Court Advisory and Support Service), which will engage with most children early in the case. The Pathfinder Court system was initially piloted in Dorset and North Wales. From April 2024, it expanded to South East Wales, and in May 2024, it reached Birmingham.”
Measures revealed by the Government to reduce delays included:
- Agreed system-wide targets for 2025/26 focussing on increasing the proportion of public law cases resolved within the statutory 26-week timeframe and closing the longest-running cases.
- £10m Investment by the Department for Education in 2024/25 to fund pilots focused on reducing delay through better pre-proceedings with £1.2m being invested to share good practice and identify the drivers of delay.
The Law Society has called on the government to reinstate legal aid for early advice, helping to avoid parents being forced to represent themselves in 'stressful and complex legal proceedings', while Bar Council chair Barbara Mills KC said the committee’s recommendations provide a ‘roadmap to change’ but a ‘comprehensive investment in family justice’ was needed.
Stephanie Smart, paralegal in the Family & Divorce Law team at Wake Smith Solicitors, specialises in private children matters including children custody matters, Specific Issue Orders (SIO) for example, passport applications and ownership, traveling aboard, Prohibited Steps Orders (PSO) for example, relocation, and safeguarding and welfare concerns. For further advice contact Stephanie Smart on 0114 266 6660 or email [email protected]
For further information on our family law services click here.
Contact us to book your free initial appointment (30 minutes) via email by clicking here or call us on 0114 266 6660.