National statistics

Family Court Statistics Quarterly: April to June 2021

Updated 8 October 2021

1. Main Points

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Increase in the number of cases started in the Family Courts	66,357 new cases started in Family courts in April to June 2021, up 14% on the same quarter in 2020. This was due to increases in most case types: financial remedy (76%), private law (11%), adoption (11%) and matrimonial (7%) cases. However, there was a decrease in public law (7%) and domestic violence (4%) case starts.
On average, care proceedings took longer with more disposals within 26 weeks.	The average time for a care or supervision case to reach first disposal was 44 weeks in April to June 2021 , up 8 weeks from the same quarter in 2020. 22% of cases were disposed of within 26 weeks - down 11 percentage points compared to the same period in 2020 and the lowest since 2012.
Increase in the average time for divorce proceedings	The mean average time from petition to decree nisi was 25 weeks, and decree absolute was 50 weeks - up 2 weeks and 4 weeks respectively when compared to the equivalent quarter in 2020. The median time to decree nisi and decree absolute was 14 and 29 weeks respectively.
Increase in both divorce petitions and decree absolutes	There were 26,301 divorce petitions filed in April to June 2021, up 7% on the equivalent quarter in 2020. There were 30,645 decree absolutes granted in April to June 2021, an increase of 23% from the same period last year.
Decrease in both domestic violence remedy applications and orders made.	The number of domestic violence remedy order applications decreased by 6% compared to the equivalent quarter in 2020, while the number of orders made decreased by 2% over the same period.
Increase in the number of both adoption applications and orders.	In April to June 2021 there were 1,060 adoption applications, up 27% on the equivalent quarter in 2020. Similarly, the number of adoption orders issued increased by 96% to 1,156 (from a record low base at the start of the covid-19 UK lockdown period).
Increase in deprivation of liberty applications and orders made.	There were 1,538 applications relating to deprivation of liberty in April to June 2021, up 51% on the equivalent quarter in 2020. Orders increased by 20% in the latest quarter compared to the same period last year.
Increase in the proportion of applications for probate grants and probate grants issued made digitally	In April to June 2021, there were 62,312 applications for probate grants. 54,047 probate grants were issued in the same period. 76% of these applications and 78% of these grants issued were made digitally, compared to 34% and 24% respectively in the same quarter in 2020.

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This publication presents statistics on activity in the family courts of England and Wales and provides figures for the latest quarter (April to June 2021). For further information and technical details please refer to the accompanying Guide to Family Court Statistics.

For feedback related to the content of this publication, please let us know at familycourt.statistics@justice.gov.uk

2. Update on FCSQ consultation commitments

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In March 2021, a response to the public consultation on the FCSQ release was published^{[footnote 1]} with several commitments made as set out below:

• New divorce timeliness measures – to reflect the new measures in HMCTS published MI, then to expand into a set of measures that breaks down the divorce process in full. Target: June 2021 publication regarding the MI metrics, to expand to an end-to-end process later in 2021.
• A split of domestic violence remedies by ex-parte/on notice in the main tables. Target: September 2021.
• A restructure of Children Act tables 2, 3 and 4. Target: September 2021
• Outstanding cases across each family court case type. Target: public and private law measures for December 2021 publication, other areas to be explored during 2021 and confirmed either way alongside this release.

Each aspect has been investigated since the response was published, and the latest position is as follows:

• Divorce timeliness measures: exploring the MI (management information) metrics as published by HMCTS led to the conclusion that they were not suitable for incorporating into FCSQ as standalone metrics, as it would lead to inconsistencies with the existing FCSQ divorce timeliness series. We will work towards publishing a full end-to-end overview of the process, however this is likely to be focused on during 2022 at the earliest.
• Domestic violence remedies: this release includes a split of DV applications and orders by ex-parte/on notice for the first time as per the original commitment
• Children Act tables: The restructure of Table 2 has been completed, and this gives a more streamlined overview of public and private law cases; the subsequent tables provide further details. Tables 3 and 4 have been expanded so that users can select whether they want to know the number of children involved in each type of application/order, or the numbers of applications/orders directly. This commitment has therefore been fulfilled in this release.
• Outstanding cases by case type: The measures for public and private law published by HMCTS as MI series are due to be reviewed during the end of 2021/early 2022. As such, work to incorporate these will start once these reviews are complete, with other case types to be included when suitable and when resource allows.

3. Statistician’s comment

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The recovery from the impact of Covid-19 continues to be seen across family court activity data this quarter, with increases seen in the number of new cases started across most case types as well as increases in the number of disposed cases across all areas compared to the same time last year, at the start of the pandemic in the UK. When comparing to the same quarter in 2019 (as a pre-Covid 19 baseline), most of these changes appear to be reverting to the longer-term trends (i.e. increases seen when comparing to both April-June 2019 and 2020, albeit to a lesser degree). The impacts to timeliness measures continue to be felt, with work continuing to address the impact to the family justice system.

Domestic violence remedy cases remain at high levels, but new case starts have seen a slight decrease from the start of the first UK lockdown period (down 4% from quarter 1 2020 but up 18% from quarter 1 2019). The main decrease in new cases started was seen for public law cases (down 7% on the same quarter in 2020), whilst care proceedings have again slowed further to the longest average time since the end of 2012.

It may be some time until improvements are seen in various timeliness measures, as outstanding cases are dealt with. Nightingale courts continue to be used to provide additional venues to help cope with demand and help the court system to run as effectively and safely as possible during the coronavirus outbreak.

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4. Overview of the Family Justice System

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Increases in both the number of cases started and cases disposed in Family Courts

In April to June 2021, 66,357 new cases started in family courts, up 14% on the equivalent quarter in 2020. This was due to increases in most case types: financial remedy (76%), private law (11%), adoption (11%) and matrimonial (7%) cases. However, there was a decrease in public law (7%) and domestic violence (4%) case starts.

There were 66,252 case disposals in April to June 2021, up 40% on the equivalent quarter of 2020. This was due to increases in most case types: private law (100%, from a record low at the start of the UK lockdown period), adoption (63%), financial remedy (61%), public law (45%), matrimonial (23%) and domestic violence (17%) cases. (Table 1)

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Figure 1: Cases started and disposed, by case type, January to March 2011 to April to June 2021 (Source: Table 1)

In April to June 2021, 40% of new cases within family courts related to matrimonial matters, similar to the equivalent quarter of 2020 (42%).

Timeliness by Case Type

Average time to first disposal varies by case type – public law cases generally take the longest and in 2011, on average, they took nearly a year to reach a first disposal (49 weeks). From 2011, the average fell steadily and by 2016, almost halved to reach 26 weeks.

However, it increased in 2017 to 27 weeks. For April to June 2021 the average was 43 weeks, up from 35 weeks during the same period in 2020 (Table 10).

The average time for divorce and annulment cases to reach first disposal was up 2 weeks compared to the equivalent quarter in 2020. Private law cases also took longer, with the average time to first disposal in April to June 2021 taking 26 weeks, up 10 weeks compared to the same period in 2020.

Public and private law cases – number of parties, and High Court cases

The vast majority of private law cases involve one applicant and one respondent only (Table 6). However, for public law cases whilst 99% have only one applicant, 73% involve two or more respondents.

A very small proportion of public (2%) and private (1%) law cases started were indicated as being a High Court case during April to June 2021, consistent with the long-term trend (Table 7).

4.1 HMCTS monthly management information

The statistics in this publication focus on the period between April to June 2021; however, monthly management information (MI) has been published by HMCTS that covers up to July 2021. https://www.gov.uk/government/statistical-data-sets/hmcts-management-information-july-2021

This MI is subject to the data quality issues associated with extracting data from large live administrative case management systems. Late reporting of cases and regular updating of case details, which can lead to the figures being updated to manage the case - more recent figures may therefore be subject to larger revisions and should be treated with greater care and considered provisional.

5. Children Act - Public Law

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Decrease in the number of public law case starts and increase in the number of cases disposed

There were 4,122 public law cases starting in April to June 2021, down 7% compared to the equivalent quarter in 2020. Cases disposed were up 45% to 4,212 (Table 2).

Average time for care proceedings continues upward trend

The average time for a care and supervision case to reach first disposal was 44 weeks in April to June 2021, up 8 weeks from the same quarter in 2020 and the highest average since 2012. 22% of these care proceedings were disposed of within the 26-week limit introduced in the Children and Families Act 2014, down 11 percentage points from the same period last year and the lowest level since 2012 (Table 8).^{[footnote 2]}

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There were 6,921 individual children involved in new public law applications in April to June 2021, down 8% on the same quarter in the previous year, while the number of applications made decreased by 7%.The number of public law disposal events increased by 24% over the same period.

Figure 2 shows the most common types of public law orders applied for and made in April to June 2021, illustrating the different pattern between the types of orders applied for and the orders that are given, i.e. an application for one type can result in an order of a different type being made.

Figure 2: Public law applications and orders made, showing the number of children involved in each order type, April to June 2021 (Source: Tables 3-4)

6. Children Act - Private Law

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Increase in the number of private law case starts and cases disposed

The number of private law cases^{[footnote 3]} started increased by 11% (to 13,990) in April to June 2021 compared to the equivalent quarter in 2020. The number of applications made increased by 11% over the same period.

The number of private law cases disposed of during April to June 2021 was up 100% on the equivalent quarter in 2020, with the number of disposal events up by 40% (Table 2).

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There were 14,498 new private law applications made in April to June 2021, up 11% on the equivalent quarter in 2020, with 21,619 individual children involved in these application events.

The number of private law court disposal events in April to June 2021 was 19,175, up 40% on the equivalent quarter in 2020.

Timeliness of Private law cases

In April to June 2021, it took on average 41 weeks for private law cases to reach a final order, i.e. case closure, up 13 weeks from the same period in 2020. This continues the upward trend seen since the middle of 2016, where the number of new cases overtook the number of disposals (Table 9).

Figure 3: Private law timeliness from case start date to final order in the family court, January to March 2011 to April to June 2021 (Source: Table 9)

7. Legal Representation

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Cases with legal representation take longer on average

In general, cases where either both parties or the respondent only had legal representation took longer to be disposed of than those cases where only the applicant was represented or where both parties were without legal representation (Table 10).

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Legal representation in private law cases

The removal of legal aid for many private law cases in April 2013 resulted in a change in the pattern of legal representation over time.^{[footnote 4][footnote 5]} In April to June 2021, the proportion of disposals where neither the applicant nor respondent had legal representation was 38%, increasing by 24 percentage points since January to March 2013, and up 2 percentage points from April to June 2020.

Correspondingly, the proportion of cases where both parties had legal representation went from 41% in January to March 2013 to 21% in April to June 2021, down 1 percentage point percentage points compared to the same period in 2020 (Figure 4).

Figure 4: Proportion of private law disposals by type of legal representation of the parties, January to March 2012 to April to June 2021 (Source: Table 10)

The change seen in the pattern of legal representation is also demonstrated in private law cases with at least one hearing where the proportion of parties with legal representation stood at 59% in 2012 compared to 30% in April to June 2021.

The proportion of parties with legal representation in cases with at least one hearing varies by case type and range from around 75% for public law cases to 2% for adoption cases, with figures subject to change as new cases progress (Table 11).

8. Divorce

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Increase in the number of divorce petitions and decree absolutes

Divorce petitions were up by 7% in April to June 2021 compared to the same period in the previous year. Decree absolutes granted were up by 23% in April to June 2021 compared to the same period in 2020.

Average time for proceedings increased

Average time from petition to decree nisi increased to 25 weeks in April to June 2021, from 24 weeks in the same quarter of 2020 (Table 12).

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There were 26,301 divorce petitions made during April to June 2021, up 7% from the same quarter in 2020. There were 30,645 decree absolutes granted in April to June 2021 up by 23% compared to the same quarter in 2020 (Table 12).

Timeliness of divorce cases

For those granted decree nisi in April to June 2021, the mean average time from the date of petition was 25 weeks, up 2 weeks from the same period in 2020. The mean average time from petition to decree absolute was 50 weeks, up 4 weeks from the equivalent quarter in 2020. The increasing share of divorce cases processed digitally is likely to reduce the average time of divorce proceedings.

The mean timeliness figures can be inflated when historical cases reach decree nisi or decree absolute. These historical cases have less effect on the median timeliness, which may act as a better indicator for the length of current divorce proceedings. In April to June 2021, the median time to decree nisi was 14 weeks and 29 weeks to decree absolute.

Digital divorce cases

For digital divorce cases (i.e. those dealt with the Courts and Tribunals Service Centres that are digital at all stages), there were 18,936 petitions made during April to June 2021 (72% of the total, up from 57% in the same period of 2020). The average time to decree nisi for April to June 2021 was 13 weeks, and 22 weeks from petition to decree absolute.

Figure 5: Divorce petitions made between Q3 2019 to Q2 2021, by case type (Source: Table 12)

29% of divorce petitions made between Q1 2011 to Q2 2021 reached decree nisi in the first quarter after the petition was made, with a further 37% reaching this stage within the second quarter. Over half the petitions reached a decree absolute within three quarters after petition (2% in the first quarter, 31% within 1 to 2 quarters and 20% within 2 to 3 quarters) (Table 14).

9. Financial Remedy

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Increase seen in financial remedy applications and disposals events

In April to June 2021, the number of financial remedy applications was up 72% and the number of disposal events was up 54% compared to the same period in 2020 (Table 15).

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There were 12,767 financial remedy applications made in April to June 2021, up 72% from the same period in 2020, while there were 12,436 financial remedy disposals events, up 54%. During this period, 75% of applications were uncontested and 25% were contested.

Figure 6: Applications for financial remedy orders, January to March 2009 to April to June 2021 (Source: Table 15)

10. Domestic Violence Remedy Orders

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Decrease in both the number of domestic violence remedy order applications and orders made

In April to June 2021, there was a decrease in the number of applications by 6% compared to the equivalent quarter in 2020. The number of orders made decreased by 2% over the same period (Table 16).

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In April to June 2021, there were 8,300 applications made for a domestic violence remedy order, down by 6% on the same quarter in 2020. Most of the applications were for non-molestation orders (85%) compared to occupation orders (15%); these proportions have remained relatively consistent in recent years. Applications for non-molestation and occupation orders in April to June 2021 were both down, by 3% and 20% respectively, compared to the same period in 2020.

There were 9,388 domestic violence orders made in April to June 2021, down 2% from the same period last year. 94% were non-molestation orders and 6% were occupation orders, with non-molestation orders down by 2% and occupation orders down by 9% compared to the equivalent quarter in 2020.

Figure 7: Applications for domestic violence remedy orders, January to March 2009 to April to June 2021 (Source: Table 16)

11. Forced Marriage Protection Orders and Female Genital Mutilation Protection Orders

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Long term upward trend in the number of forced marriage protection orders and female genital mutilation orders, with more recent declines (Table 17 and 18)

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The number of applications and orders made for forced marriage protection orders (FMPOs) is very small. Consequently, numbers fluctuate each quarter but overall there was a general upward trend from their introduction in November 2008 until the end of 2019.

However, this seems to have reversed during 2020. In April to June 2021, there were 50 applications, of which 74% of applications were for people aged 17 and under. Over the same period, there were 88 orders made, up 91% since the same period from the previous year.

The increase in the number of orders does not necessarily represent an increase in the prevalence of forced marriage, but potentially it relates to a greater awareness of forced marriage being a crime and the support available. The government have held events during 2019 with relevant groups (local authorities, police, charities etc.), designed specifically to raise awareness of FMPOs and how they can be used to protect those at risk. Historically the numbers of orders made outweigh the number of applications. Often there are multiple orders granted per case, where one application covers more than one person, and an order is granted for each person covered in the application. Extensions and increased provision of previous orders can also be granted as new orders, without the need for a new application to be submitted.

Figure 8: Applications and orders made for Forced Marriage Protection Orders, January to March 2009 to April to June 2021 (Source: Table 17)

As with FMPOs, the number of applications and orders made for female genital mutilation protection orders (FGMPOs) is very small, with only 12 applications and 17 orders made respectively in April to June 2021 (Table 18). In total, there have been 501 applications and 717 orders made up to end of June 2021, since their introduction in July 2015.

12. Adoptions

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Increase in the number of adoption applications and orders

During April to June 2021, there were 1,060 adoption applications made, up 27% from the equivalent quarter in 2020. Over the same period, the number of adoption orders issued also increased by 96% to 1,156 (from a record low base at the start of the covid-19 UK lockdown period) (Tables 19 and 20).

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There were 2,252 applications under the Adoption and Children Act 2002, including placement orders during April to June 2021, up 11% on the same quarter in the previous year. Total disposals increased by 63% to 2,151 over the same period.

The chart below shows the trend of adoption orders by the type of adopter. This shows that during April to June 2021, 60% of all adoption orders were issued to mixed-sex couples, 22% to sole applicants, 13% to same-sex couples and 4% to step-parents.

Figure 9: Adoption orders issued, by adopter, January to March 2011 to April to June 2021 (Source: Table 20)

13. Mental Capacity Act - Court of Protection

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Increase in both applications and orders made in relation to deprivation of liberty

There were 1,538 applications relating to deprivation of liberty made in the most recent quarter, which is an increase of 51% on the number made in the same quarter in 2020. Furthermore, there was an increase by 20% in the orders made for deprivation of liberty over the same period from 867 to 1,040.

An increase in both applications and orders under the Mental Capacity Act 2005 (MCA)

There were 8,623 applications made in April to June 2021, up by 50%. During the same period there were 11,437 orders made, up by 4%.

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Figure 10: Deprivation of Liberty applications and orders, January to March 2008 to April to June 2021 (Source: Table 22)

In April to June 2021, there were 8,623 applications made under the Mental Capacity Act 2005 (MCA), up by 50% on the equivalent quarter in 2020 (5,754 applications). Of those, 41% related to applications for appointment of a property and affairs deputy (Table 21).

In comparison, there were 11,437 orders made under the Mental Capacity Act 2005 (MCA), up by 4% on the same quarter in 2020. Of those, 39% related to applications by an existing deputy or registered attorney (Table 22).

14. Mental Capacity Act - Office of the Public Guardian^{[footnote 6]}

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Fall in Lasting Powers of Attorney registrations (LPAs) but general increase compared to last year

In April to June 2021, there were 160,431 LPAs registered, up 61% compared to the equivalent quarter in 2020 (Table 23).

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In total there were 162,240 Powers of Attorney (POAs) registered in April to June 2021, up 60% from the same quarter in 2020 (Table 23). Lasting Power of Attorney (LPAs) made up 99% of POAs registered in April to June 2021, with Enduring Powers of Attorney (EPAs) making up the other 1%. There were 1,809 EPAs registered in April to June 2021, up 11% on the equivalent quarter in 2020.

The sharp increase in LPAs seen during 2015 and 2016 was largely due to increased publicity and the new online forms introduced in July 2015 making it simpler and faster to apply.

Figure 11: Powers of Attorney registered, January to March 2008 to April to June 2021 (Source: Table 23)

57% of POAs registered were from female donors in April to June 2021 and 41% were from male donors. Altogether 50% of donors were over 75 years old.

15. Probate Service

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Increase in both the proportion of digital applications for probate grants and probate grants issued digitally

In April to June 2021, there were 62,312 applications for probate grants. 54,047 probate grants were issued in the same period. 76% of these applications and 78% of these grants issued were made digitally, compared to 34% and 24% respectively in the same quarter in 2020 (Table 24).

Probate grants issued more quickly than other grants of representation

Probate grants took approximately 7 weeks to be issued after the application was submitted during April to June 2021. Letters of administration with a will and without a will took around 13 and 8 weeks respectively (Table 25).

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There were 78,379 applications made for grants of representation in April to June 2021. 62,312 (80%) of these were for probate grants, of which 76% were made digitally (Table 24).

Probate grants also make up the majority (81%) of all grants issued. In April to June 2021, 59% of the grants issued were applied for by legal professionals and 41% were personal applications (Table 24). For the 54,047 probate grants issued in the same period, 78% were issued digitally.

Timeliness of probate grants

The average time from application submission to grant issue for probate grants was 7 weeks (median average 4 weeks) overall. Averages for letters of administration with a will and without a will were 13 and 8 weeks respectively for April to June 2021 (Table 25).

Timeliness of grants issued can be affected if the case has been ‘stopped’ for any reason (which can occur when there’s a dispute about either who can apply for probate or issues with a will or proposed will, or if an error is identified and a request for further information made). Probate grants that were stopped during April to June 2021 took 15 weeks on average to be issued, compared to 4 weeks for those that were not stopped.

When looking at the time from document receipt (i.e. when payment has been made and the application and all accompanying documents have been scanned and are ready for examination) to grant issue, this is around 2 weeks quicker than the average time from application submission for probate grants.

Figure 12: Average (mean) time for grants of representation issued from application submission by the Probate Service, July to September 2019 to April to June 2021 (Source: Table 25)^{[footnote 7]}

16. Further information

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The data presented in this publication are from live administrative databases. Therefore, previously published data is liable to be updated in the latest bulletin, following any further data cleaning or the incorporation of additional cases not available in the extracts used to produce previous bulletins.

Accompanying files

As well as this bulletin, the following products are published as part of this release:

• A technical guide providing further information on how the data is collected and processed, as well as information on the revisions policy and legislation relevant to family court and background on the functioning of the family justice system

• A set of overview tables and CSV files, covering each section of this bulletin

National Statistics status

National Statistics status means that official statistics meet the highest standards of trustworthiness, quality and public value.

All official statistics should comply with all aspects of the Code of Practice for Official Statistics. They are awarded National Statistics status following an assessment by the Authority’s regulatory arm. The Authority considers whether the statistics meet the highest standards of Code compliance, including the value they add to public decisions and debate.

It is the Ministry of Justice’s responsibility to maintain compliance with the standards expected for National Statistics. If we become concerned about whether these statistics are still meeting the appropriate standards, we will discuss any concerns with the Authority promptly. National Statistics status can be removed at any point when the highest standards are not maintained, and reinstated when standards are restored.

Contact

Press enquiries should be directed to the Ministry of Justice press office:

Tel: 0203 334 3536
Email: newsdesk@justice.gsi.gov.uk

Other enquiries about these statistics should be directed to the Data and Evidence as a Service division of the Ministry of Justice:

Carly Gray, Head of Access to Justice Data and Statistics, using the following email address familycourt.statistics@justice.gov.uk

Next update: 16 December 2021

URL: https://www.gov.uk/government/collections/family-court-statistics-quarterly

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Produced by the Ministry of Justice

Alternative formats are available on request from ESD@justice.gov.uk

1. Family Court Statistics Quarterly: October to December 2020 - GOV.UK (www.gov.uk) ↩

2. See the accompanying technical guide for more information. ↩

3. The Children and Family Court Advisory and Support Service (Cafcass) also publishes (England only) data on the number of private law cases. A comparison of Cafcass and MoJ data and further information can be found in the accompanying guide. ↩

4. Please see the accompanying guide for further details. ↩

5. Removal of Legal Aid was a result of the Legal Aid, Sentencing & Punishment of Offenders Act 2012 (LASPO). ↩

6. There has been a change this quarter in how Power of Attorney applications is measured from applications received to applications registered. ↩

7. Due to quality issues in the transition between data systems, the breakdown by type of grants of representation for Q2 2019 were rounded estimates only, with the average distribution across 2016 to 2018 applied to the known total. These estimates then feed into the total for 2019. ↩