In the latest editions of LegalAction, Nick O’Brien, a barrister at Coram Chambers, sheds light on pressing matters within family law. His articles for June and July delve into the critical developments impacting practitioners and families alike, summarised here for your convenience.
June Update: Pressing Challenges in Family Law
Nick’s June legal update provides an insightful overview of key family law issues from September 2024 to April 2025. A particularly alarming statistic reveals that care proceedings now average an unsettling 38 weeks, with only 37% being finalised within the 26-week target mandated by the Children Act 1989. In private law cases, the average extends to 40 weeks, escalating legal aid expenditure and increasing the number of applications for civil representation, particularly in instances of domestic violence or child abuse.
Furthermore, there has been a refreshing 7% uptick in publicly funded mediation information and assessment meetings (MIAMs) compared to last year. The government’s Family Mediation Vouchers Scheme, aimed at alleviating the financial burden of mediation, has been extended to March 2026, providing up to £500 to eligible families.
Concerns surrounding compliance with the Public Law Outline have led MacDonald J to release a local practice note for London, reinforcing the need for adherence. Meanwhile, private law innovations, notably the introduction of integrated domestic abuse courts, termed Pathfinder courts, are now showing promising results in reducing delays and improving case management.
The ongoing struggle against female genital mutilation (FGM) remains stark, despite its illegality since 1985, with just three convictions recorded to date. Additionally, the family court continues to receive various applications for forced marriage and FGM protection orders, highlighting the urgent societal issues at play.
The June update concludes with a compelling report indicating a significant increase in individuals residing in safe accommodation, revealing the pressing need for adequate housing solutions for domestic abuse survivors.
July Update: Fostering Adoption Support
In July’s report, Nick shifts the focus to adoption, emphasising the critical need for effective support and information for adoptive families. Recent reports from the Local Government and Social Care Ombudsman and the Public Law Working Group highlight the necessity of maintaining direct contact between adopted children and their birth families where it is safe to do so. This advocacy highlights the importance of modifying training for prospective adopters and enhancing the level of detail that social workers must provide in their assessments of contact arrangements.
This article strongly recommends identifying wider family members who can participate in contact arrangements and reaffirms the court’s ongoing duty to determine contact arrangements during adoption proceedings. Echoing recent Court of Appeal judgments, the articles assert that while ongoing contact is essential, it cannot be imposed on reluctant adopters.
Notably, the discussion also extends to the international adoption process, which requires further streamlining through new legislation and enhanced access to documentation for adopted individuals.
Overall, these updates by Nick O’Brien not only address the challenges faced in family law today but also advocate for meaningful progress and support for families navigating these difficult waters. By advocating for reform, O’Brien’s articles make a significant contribution to the ongoing dialogue on enhancing care and support for families in the UK.
