The National Audit Office (NAO) has published a sobering report that confirms what many family solicitors and law firms in Kent already know too well: the family justice system is moving far too slowly, and vulnerable children are paying the price.
Although I do not undertake care cases, I regularly feel the knock-on effects of public law delays. Private law hearings are pushed, listings rearranged, and timelines derailed when care proceedings overrun — a common frustration for practitioners handling financial remedy and child arrangements.
Family Court Delays: The NAO’s Findings
The NAO reviewed how the Ministry of Justice, HMCTS, the judiciary, and associated agencies are managing the escalating pressures within the family court system. The findings are stark:
- The 26-week rule is no longer meaningful.
- Over 4,000 children are involved in proceedings lasting more than 100 weeks.
- The average duration for public law family proceedings now exceeds 46 weeks.
These delays are not just statistics. They have real implications for children, parents, and the wider case landscape in Kent and beyond.
Why Are Family Law Cases Taking So Long?
Solicitors working in the family courts across Maidstone, Canterbury, Medway and beyond will recognise the systemic failures described in the report:
- Fragmented responsibility: Too many agencies — including the MoJ, judiciary, Cafcass, local authorities and DfE — are operating without unified leadership or a shared strategy.
- Lack of judicial capacity: Listing delays are commonplace due to stretched court resources.
- Under-pressure professionals: Cafcass officers, local authority social workers and legal practitioners are managing unmanageable caseloads.
The result is delay, drift, and decisions that arrive months too late.
Impact on Children and Families in Family Law Cases
Delays are not administrative inconveniences. They cause lasting harm:
- Children wait in limbo for final decisions about where they will live and who will care for them.
- Uncertainty becomes the norm, creating anxiety and undermining relationships.
- Family reunification becomes harder, sometimes impossible, due to the passage of time.
Kent-based family lawyers frequently report growing frustration among clients — and among judges — as systems creak under mounting demand.
Digital Reforms: Useful, but Not Enough
The NAO acknowledges that digital case management tools and reforms to family public law processes have been introduced. However, these changes have not meaningfully improved case duration or court efficiency. The root causes remain systemic and strategic — not technological.
Recommendations for Family Law Improvement
The NAO sets out a series of recommendations that resonate with day-to-day realities in family practice:
- A comprehensive system-wide assessment of the causes of delay
- Improved data sharing and tracking
- Clear lines of accountability
- Real coordination between departments to avoid duplication and drift
These are not new ideas, but the NAO has at least quantified the extent of the dysfunction.
What Should Family Law Firms in Kent Do Now?
For solicitors and family law teams in Kent, the findings of this report reinforce what many are already doing:
- Manage client expectations about court timetables and listing delays
- Stay proactive in pressing the court for directions or interim solutions
- Plan hearings early, anticipating slippage due to prioritisation of public law
- Monitor developing reforms, particularly around online processes and listing pilots
More than ever, private law cases are being shaped by the wider pressures on the family justice system. Understanding where the bottlenecks lie helps solicitors better support clients and adapt litigation strategy accordingly.
Support for Solicitors Handling Family Proceedings
I work with law firms and solicitors across Kent to advise on all areas of private family law, including complex child arrangements, financial remedies, and case strategy in the face of court delay.
For assistance in this area of law, contact clerks@anvilchambers.co.uk