Concerns for Lancashire's children over delay in court care cases
New stats show children who have been removed from their parents by the state are having to wait an average of 46 weeks to get a final decision on where they will live
Last updated 2nd Aug 2023
There's a warning that delays in the legal system means Lancashire's children are being left in limbo over a decision on where they will permanently live.
New data from the Children and Family Court Advisory and Support Service (Cafcass) shows that kids are having to wait, on average, 46 weeks for a final decision - The Children and Families Act say that decision should be made in 26 weeks.
Meanwhile, children involved in private family law cases who are waiting for decisions on living arrangements after their parents have separated also face similar delays, the Law Society added.
There are currently more than 80,000 children caught up in private family law proceedings, according to court statistics.
Victoria Gethin is Head of Family at Stephensons Solicitors in Wigan. She says: "Often families may have complex problems, and colleagues and I have seen an increase in case involving organised crime gangs, and where families are caught up in criminal activity.
"The delay may mean that the child remains in interim placement, such as foster care, for a much longer period, and I think it's very difficult to imagine how that impacts a child - who isn't having that sense of permanence, stability, and belonging."
The Law Society is calling on the Government to restore early legal advice in family law cases to help parents better understand their rights and their options for resolving issues involving children.
Law Society president Lubna Shuja said: "What is often missed in the debate around the unacceptable backlogs in our family courts is the impact on children.
"They are suffering the very real consequences of months and sometimes years of uncertainty about their future, preventing them from having the stability they need to thrive.
"Our members are telling us of instances where court delays are leading to increased tension between parties. This is undermining a collaborative and child-centred approach to family separation."
A Ministry of Justice spokesperson said: "We want to support family disputes to be resolved as effectively and quickly as possible and where appropriate to avoid the stress and conflict of the courtroom.
"That is why we have been taking decisive action to improve waiting times in the family courts, with over 3,000 more private law cases reaching conclusion in 2022 than in 2017, and are investing £24 million in our landmark mediation scheme to prevent disputing parents from needing to go to court in the first place - while also investing millions in early legal support for those who do need to see a judge."