A recent report by the National Audit Office (Improving family court services for children – NAO report) paints a stark picture of the family justice system in England and Wales. With average case durations in private law children proceedings now exceeding 46 weeks and some stretching beyond 100 weeks, children and families are increasingly left in limbo.
This backlog isn’t just an administrative inconvenience. It’s a profound human crisis, affecting separated families, survivors of domestic abuse, and most crucially children caught in the middle. The statutory 26-week timeframe set out for care proceedings under the Children and Families Act 2014 is now more aspirational than enforceable.
The causes are complex: years of underfunding, a growing number of litigants in person due to cuts to legal aid, judicial shortages, and spiralling social worker caseloads. These structural problems have been heightened post-COVID, leaving the system “overstretched and under-resourced,” in the words of the report.
In this climate, it is not surprising that many families experience delay, frustration, and emotional exhaustion. Worse still, the protracted nature of proceedings often exacerbates conflict, particularly in high-conflict disputes over contact and where the child should live. Delays in decision making can cause lasting psychological harm to children whose sense of security and routine is already disrupted.
A Practical Solution: Family Arbitration
One underused but increasingly vital solution is family arbitration. Endorsed by the courts and supported by Resolution and the Institute of Family Law Arbitrators (IFLA), arbitration offers a private, legally binding alternative to court that can resolve disputes in weeks, not years.
Family arbitration allows parties to appoint an independent arbitrator (often a senior barrister, solicitor, or retired judge) to determine issues such as child arrangements or financial matters. The process is confidential, flexible, and significantly quicker than the court route. Arbitrators have the power to make final awards or decisions, which are then converted into court orders.
For separated parents facing delays in progressing contact arrangements or long wait times for a contested hearing, arbitration offers clarity and stability at a fraction of the time and cost. It can be particularly useful in resolving urgent issues during the summer holidays or school transitions periods where courts often cannot respond quickly enough.
A Culture Shift Is Needed
Arbitration is still underused in family disputes, partly due to lack of awareness and partly due to entrenched views about the necessity of court. A cultural shift is needed both among lawyers and the public to embrace faster, child-focused alternatives where appropriate.
Arbitration isn’t suitable in all cases particularly those involving safeguarding concerns, but it has a significant role to play in reducing delay, easing pressure on the courts, and most importantly, helping families move forward.
As we look for practical ways to ease pressure on the system, family arbitration should be recognised as a valuable option.
Contact us
Our Family Lawyers are here to support you through every stage of the process, you can read more about our services here. If you’re facing delays or uncertainty in the family courts and want to explore whether arbitration could help your situation, we’re here to advise.