Going through a separation or divorce is one of life’s most challenging experiences. When children are involved, the emotional stakes are incredibly high, and the need for a swift, sensitive resolution becomes paramount. Many families turn to the family courts as a way to find a path forward, but a recent report from the National Audit Office (NAO) has cast a harsh light on a system that is, by its own admission, “taking much longer than it should” to resolve cases.
The findings of this report should be a wake-up call for anyone on the verge of divorce or considering a court application regarding their children. It paints a picture of a system struggling with significant delays, fragmented accountability, and a rising backlog of cases that are leaving vulnerable families in a state of prolonged uncertainty.
The Problem with Delays: A System Under Strain
The NAO report reveals that the family courts are plagued by unacceptable delays. The average duration for private law cases, which deal with parental disputes over living and contact arrangements for their children, was 41 weeks in 2024. For some parts of the country, like London, this average soared to 70 weeks.
To put this in perspective, imagine a single parent navigating the complexities of a new life, all while waiting for over a year for a court decision on something as fundamental as where their child will live. This isn’t just an inconvenience; it’s a source of immense stress, anxiety, and instability. Delays can also lead to more delays as evidence becomes outdated and new expert reports are needed.
The report also highlights that the statutory time limit of 26 weeks for public law cases (cases brought by local authorities to protect a child from harm) has never been met nationally since its introduction in 2014. In December 2024, there were more than 4,000 children involved in court cases that had been open for longer than 100 weeks. The proportion of children waiting more than a year for a public law case to be resolved has increased 17-fold over the last seven years, from 0.7% to 12%. This is not just a statistic; it represents children’s lives left in limbo, their education and friendships disrupted, and their emotional well-being at risk.
The Hidden Costs of Waiting
Beyond the emotional toll, the delays come with a significant financial burden. The NAO report notes that when cases drag on, the need for new hearings and updated assessments can lead to ballooning costs for both families and the taxpayer. In fact, the average legal aid spending on a public law case doubled between 2018 and 2022, a rise directly attributed to the increased time cases are taking to resolve.
The report also points to a broader systemic issue: a lack of clear accountability. The family justice system involves numerous organizations, but there is “no single body accountable for overall system performance”. This fragmentation makes it difficult to implement effective change and target improvements where they are most needed. The report states that the government “does not know how much is spent on family justice” but the NAO estimated the cost to be over £1.8bn in 2023-24.
The Better Way: Mediation
So, what does this all mean for you? If you’re standing at the crossroads of a difficult family separation, the court system, as it stands, may not offer the timely, supportive, and cost-effective solution you need. The NAO’s report, while critical of the courts, serves as a powerful argument for a different approach: family mediation.
Mediation is a process that puts the power and the decision-making back in your hands. Instead of a judge dictating the outcome, a mediator helps you and your former partner work together to find solutions that are practical and sustainable for your unique family. Here’s why mediation is a better way to resolve disputes, especially in light of the NAO’s findings:
1. Speed and Control: Mediation enables you to set your own timetable. You can schedule sessions when it suits you and move at a pace that feels comfortable for everyone involved. You don’t have to wait months for a court date or endure long delays between hearings. This speed can be crucial, as the NAO report shows that waiting in a system that is taking over 41 weeks on average to conclude can be detrimental.
2. Tailored Solutions: The court system is bound by rigid rules and precedents. A judge will make a decision based on the law and the evidence presented, but they cannot truly know the intricacies of your family’s dynamic. Mediation, on the other hand, allows you to create a bespoke agreement that works for your particular family’s needs, values, and circumstances. You can make decisions about everything from co-parenting schedules to holiday arrangements that feel right for you and your children.
3. A Safer, More Personal Process: The court process can be adversarial, often forcing parents to take opposing stances and adding to the conflict. Mediation provides a safe and neutral space for communication. It focuses on cooperation and finding common ground, helping to preserve a working relationship for the sake of your children. This is especially important when you’re dealing with the emotionally charged issue of co-parenting.
Here’s a quote from a client that perfectly illustrates the difference this can make:
“The responsiveness I got from Prefix was amazing. I spoke to a mediator the same day that I wrote in. We had the initial meetings that week. The first joint session was the following week. And we got things resolved at the second one a week later. It wasn’t just quick. It felt safe and we reached an agreement that is actually working!”
Choosing a Different Path
The NAO report makes it clear that the family justice system is in urgent need of reform. But while the wheels of government turn slowly, you have the power to choose a different path. Mediation offers a timely, respectful, and effective alternative to the court system. It empowers you to make decisions that are not only faster but also more robust, because they are born out of a shared understanding of what is best for your family.
If you are a family on the brink of separation, do not feel that you have to enter a system that is failing to serve the very people it was designed to protect. You deserve a process that is both responsive and reassuring, one that puts your children’s best interests—and your own peace of mind—at the very heart of the journey. Choosing mediation means choosing control, collaboration, and a quicker, safer resolution for your family.