Our family justice system plays a vital role in protecting children and survivors of abuse. For a Government committed to helping every child thrive and halving violence against women and girls, ensuring a functioning, protective family court system must be a priority.
Yet the latest report from the National Audit Office (NAO) exposes a system in neglect. Between 2021–22 and 2023–24, investment in family justice fell by 17%. Oversight has drifted between departments and ministers, with no clear leadership, coordination, or direction.
Central governance is alarmingly weak. Strategic planning—beyond a narrow focus on reducing delays—is almost entirely absent. The national Family Justice Board, which is responsible for performance, has met just 2.5 times per year on average since 2018. Local family justice boards receive no funding, are not accountable to the national board, and are in no position to deliver meaningful reform—even if a strategy existed.
This absence of strategy and leadership exacerbates the everyday dysfunction of our family courts. Today, 39% of cases proceed without legal representation, resulting in inefficiencies, wasted court time, and—most importantly—harm to children.
Articles on our family court blog have repeatedly highlighted such failings: qualified legal representatives who don’t turn up; interpreters who are unfit for purpose; case bundles in chaos; a baby left in foster care when family members are ready to adopt; and survivors of domestic abuse dragged through court proceedings for a decade before they are finally brought to an end.
These harms are hidden by weak data collection. We cannot know how many children are forced into contact with known abusers or how many are removed from their mothers based on the advice of unregulated experts and discredited theories like “parental alienation”.
We fully support the NAO’s recommendations and call for comprehensive reform. However, with up to 62% of private family law cases involving allegations of domestic abuse, any plans must also be abuse-informed and aligned with wider efforts to tackle violence against women and girls.
Right to Equality will continue to campaign for:
- A repeal of the presumption of parental involvement;
- A review of child removal cases where parental alienation has been used;
- Legislative change to prohibit the use of unregulated experts;
- Mandatory, specialised domestic and sexual abuse training for all professionals in the family justice system.
The murders of children like Sara Sharif and Jack and Paul Throssell are devastating reminders of the cost of inaction and of what could happen if we continue to neglect our family justice system.