The future of children in the family justice system: the NAO audit

On 21 May 2025, the National Audit Office (NAO) released its report on the state of public and private children law cases involving the family justice system.

The audit investigated government management of children cases and included bodies such as the Ministry of Justice (MoJ), the Department for Education (DfE), HM Courts and Tribunals Service (HMCTS), and the Children and Family Court Advisory and Support Service (Cafcass). However, the audit did not cover the judiciary, which sits as a separate entity, nor Cafcass Cymru, which is a devolved service.

The findings

The family justice system, the name given to the network of courts, government organisations, and other public bodies that support families in resolving family disputes, the report argues, is not where it needs to be in terms of timescales and support for children matters. 

Both public and private law cases are falling below the standard laid out in 2014, where a statutory 26-week time limit to resolve children cases (both public and private) has never been met. The average time taken to conclude a private children law case is 41 weeks. A total of 51,473 new private law applications were made to the family court in 2024 and, by December 2024, there remained 37,541 outstanding. It is accepted that a delay in resolving proceedings is not in a child’s best interests.

This delay poses serious threats to children, who are waiting sometimes years to have clarity on their living and contact arrangements. This is potentially disruptive to education, familial relationships and friendships and could have long-term impacts on children. Over time, family situations change, which in turn creates further delays. Parents who want to move forward post-separation, for example, by moving location, will need more attention as their application changes. Children also continue to grow, and their needs, wishes and feelings change, impacting the desired outcome of cases. 

The report identifies more than 25 issues which vary greatly across regions and the type of case. However, the overarching themes include a lack of capacity, poor administration, and insufficient support for families going through the family court system. 

Key themes include:

• A lack of accountability – accountability is dispersed across various organisations;
• Political inconsistency – turnover in ministerial chairs impacts leadership, policy focus, and accountability;
• Poor communication – data sharing between bodies is limited, so it is impossible to follow a child through the whole family law process and ensure their wellbeing;
• A backlog of cases – although the family court is clearing cases faster than the criminal court, there are still thousands of outstanding cases.

Importantly, however, improvements have been noted, particularly in areas piloting the Pathfinder scheme. 

The Pathfinder pilot was launched in March 2022 in a limited number of family courts, with the dual aim of supporting children whose parents are going through the court process and improving information sharing across organisations, such as local authorities and the police, to better protect and support victims of domestic abuse.

In the 3 years since, the early evaluations of the success of this scheme have been positive, showing reduced delays. Staff have also reported a better experience for children as their parents go through the court system, as well as more support for victims of domestic abuse. The pilot has been extended and more funding given to further information sharing in regard to children matters.

It is not yet clear what the next steps will be. However, the audit report suggests a system wide assessment of the key factors driving poor performance and a better understanding of the costs. Delays in the system mean higher costs for the taxpayer, so this issue extends wider than family justice.

Considerations for family lawyers

Those working in the family law space will be concerned, although probably unsurprised, at the revelations made as a result of the NAO audit.

Our prerogative is to protect vulnerable people going through a relationship breakdown. Whilst we have seen encouraging improvements in some areas, it is clear from experience and this audit that more work needs to be done.

In regard to the day-to-day, lawyers should be honest with clients about the potential delays, although this varies across the country. Where possible, parents should be encouraged to reach an agreement between themselves as to post-separation child arrangements. There is a considerable focus on non-court dispute resolution, which is quicker and more cost effective than court, although it is widely accepted that this is not appropriate in every case. Mediation has different styles to suit the needs of the parties, including child inclusive (age and capacity dependent), where the wishes and feelings of the children are represented by a professional.

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