Increase in Proportion of Children in Care in the UK
The number of children in the UK and Wales under care procedures has surged more than 17-fold over the past seven years, with many cases taking over a year to resolve.
The National Audit Office (NAO) reported that last year, local governments took an average of 36 weeks to protect children from harm. Notably, a 26-week limit was established by the government back in 2014, but that target has never been achieved.
In a report published recently, the NAO noted that the percentage of children waiting more than a year for resolution in public law cases has jumped from 0.7% in January 2017 to 12% in December of last year. This translates to approximately 70 and 1,200 children, respectively.
The watchdog is pressing the government to address these delays, which pose increased risks of harm, anxiety, and instability for children. The longer they wait for permanent care and for living and contact arrangements, the more their education and friendships suffer.
By December 2024, a family court case could last two years, particularly in private law disputes regarding parental matters involving child life and contact arrangements. This situation affected over 4,000 children in England and Wales.
Jeffrey Clifton Brown, chairman of the House Speaker’s Committee, expressed concern, stating, “Too many children are suffering due to the prolonged family court proceedings. The longer these unresolved cases linger, the greater the risk of harm to the children, which ultimately leads to increased public costs.”
He further pointed out that responsibility for family justice is fragmented, lacking a single entity to oversee overall performance. According to him, the government also doesn’t possess the adequate data needed to thoroughly understand the sources and impacts of these delays.
As of December, nearly two-thirds of the over 4,000 cases that had been open for more than 100 weeks were situated in London and the southeast, with London averaging 53 weeks for local government cases and 70 weeks for those initiated by parents.
In contrast, Wales showed comparatively better performance, with average times of 24 and 18 weeks, respectively. NAO suggested this might relate to declines in judicial capacity in these areas which contribute to long delays.
Private legal cases have no established government time limit, averaging 41 weeks last year.
The watchdog emphasized the cost implications of these delays, noting that evidence and assessments need regular updates. Between 2018 and 2022, average legal aid spending in cases initiated by local governments doubled from about £6,000 to £12,000, revealing an annual increase in legal aid of £314 million.
Family courts have fared better than Crown Courts in recovering from the Covid-19 pandemic, witnessing a decline of more than a quarter in family court cases since August 2021, with 47,662 cases, of which 37,541 were private law.
However, Gareth Davies, head of the NAO, remarked, “Removing barriers to a more efficient system often needs more cases to eliminate obstacles, such as enhanced data and cohesive decision-making processes.”
A government spokesperson acknowledged the ongoing crisis, asserting their commitment to improving the family court experience by expanding a successful pilot program that has reduced case times by 11 weeks and investing £500 million in early intervention initiatives.
