Family court delays cause child distress and soaring legal aid costs, says National Audit Office report
Delays in family court proceedings are putting vulnerable children at risk and driving up legal aid costs, according to a stark new report by the National Audit Office (NAO). The spending watchdog has warned that slow-moving cases are creating anxiety, instability, and even danger for children while doubling the cost of legal aid.
In its latest review, the NAO criticised the government’s handling of the family justice system and revealed that legal aid spending for public law cases doubled to nearly £12,000 per case between 2018 and 2022. That’s an annual increase of £314 million, mostly down to cases dragging on longer than they should.
Despite a statutory 26-week target, public law cases took 36 weeks on average in 2024, while private law cases—like disputes over child arrangements—dragged on for 41 weeks with no legal time limit.
“These delays are not just an administrative problem,” the NAO warned. “They mean children are left in limbo—waiting for permanent care, living in multiple short-term placements, and struggling with disrupted friendships, education, and mental health.”
The watchdog pointed to systemic failures across government departments, which have fragmented responsibility for family justice and weakened accountability. It highlighted the Family Justice Board, a minister-led body set up to improve coordination and performance across the system. However, the board met only 2.5 times a year on average between June 2018 and December 2024.
The Department for Education’s own data reveals how costly these delays are. Reducing case times by just one week could save local authorities £697 per case, totalling an estimated £18.5 million nationally.
Embed from Getty ImagesThe NAO also said the government doesn’t even know how much it spends on family justice as a whole, making it impossible to assess cost-effectiveness or target improvements. The lack of reliable data means it is difficult to identify the root causes of delay, let alone fix them.
Among the NAO’s recommendations were:
- A clear, measurable strategy to improve family justice services
- The creation of proper performance indicators
- A comprehensive data strategy to fill evidence gaps and guide reforms
The report has sparked fresh concern across the legal sector. Family lawyers say the crisis is taking an unacceptable toll on children and families already facing immense emotional strain. Others have called for urgent investment and reform to streamline processes and prioritise child welfare.
At the Central Family Court in London, where many of these cases are heard, delays have become routine. Judges, overworked and under-resourced, struggle to meet deadlines, while legal teams wait months for hearings to be listed.
Campaigners argue that justice delayed is justice denied—especially for children caught in the middle of care proceedings or parental disputes. The rising legal aid bill, they say, is just a symptom of a broken system.
The NAO’s findings now place pressure on the Ministry of Justice and the Department for Education to act. With family justice dispersed across Whitehall and no single body responsible for overall performance, meaningful reform will require a united, cross-departmental effort.
Without decisive action, children and families will continue to suffer, and taxpayers will keep footing an ever-growing legal aid bill.
