The rapidly increasing number of litigants appearing in family courts is becoming a significant drain on resources.
The number of people representing themselves in court hit a record high this year, with 64 percent of divorce, children or money cases having at least one party with no legal representation.
Research by law firm Collyer Bristow found that the proportion of “litigants in person” – i.e. those representing themselves – had increased significantly in year on year in family cases, jumping from 41.8 percent of cases in 2012/13.
One of the key drivers behind this leap has been the withdrawal of legal aid which was removed from family cases (with certain exceptions involving domestic abuse) in April 2013. There has been an 88 percent drop in the number of legal aid cases in the Family Court over the last 10 years which in turn has contributed to the growth of litigants in person.
Partner at Collyer Bristol Philippa Dolan says that if litigants represent themselves it is less likely that they will be encouraged to take part in mediation sessions, whereas legal professionals tend to recommend this to their clients from the outset. Family lawyers also tend to encourage their clients to seek agreement through negotiation rather than going through the courts, she added. More pressure is added to the courts as cases with litigants in person are often longer and more drawn-out with the judges obliged to offer advice about the process and presentation of their case.
Dolan went on to say: “The record high number of litigants in person in the Family Court is creating collateral damage and many unfair outcomes. There are often children or vulnerable people involved in these cases, whose interests are regularly endangered. Litigants in person are at a profound disadvantage and it is simply wrong that sensitive family cases should not be left to someone inexperienced in law, and emotionally embroiled in the issues”.
“The pressure on judges to manage their courts in the face of already swingeing cuts in the budget is also causing a crisis in the recruitment of judges. This is a ticking time bomb and a disgraceful state of affairs that needs to be addressed urgently. None of the main political parties appears to have grasped the significance of this crisis.” She said.
About The Family Mediation Practice
The Family Mediation Practice is a team of independent family mediators who help divorcing and separating couples to come to an agreement rather than fighting things out in the courts.
Depending on your circumstances, legal aid could be available to fund your family mediation.
Contact The Family Mediation Practice
You can contact any of our independent family mediators direct by calling 0333 567 0377. You can also send a confidential message by clicking here.
