National statistics

Family Court Statistics Quarterly: January to March 2021

Published 24 June 2021

Applies to England and Wales

1. Main Points

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Increase in the number of cases started in the Family Courts	71,707 new cases started in Family courts in January to March 2021, up 7% on the same quarter in 2020. This was due to increases in most case types: financial remedy (29%), domestic violence (15%), private law (5%), matrimonial (2%) and adoption (1%) cases. However, there was a decrease in public law (7%) case starts.
On average, care proceedings took longer with fewer disposals within 26 weeks.	The average time for a care or supervision case to reach first disposal was 43 weeks in January to March 2021 , up 8 weeks from the same quarter in 2020. 22% of cases were disposed of within 26 weeks - down 14 percentage points compared to the same period in 2020 .
Decrease in the average time for divorce proceedings	The mean average time from petition to decree nisi was 27 weeks, and decree absolute was 51 weeks - down 1 week and 2 weeks respectively when compared to the equivalent quarter in 2020. The median time to decree nisi and decree absolute was 17 and 31 weeks respectively.
Increase in both divorce petitions and decree absolutes	There were 30,420 divorce petitions filed in January to March 2021, up 2% on the equivalent quarter in 2020. There were 30,171 decree absolutes granted in January to March 2021, similar to the same period last year.
Increase in both domestic violence remedy applications and orders made.	The number of domestic violence remedy order applications increased by 12% compared to the equivalent quarter in 2020, while the number of orders made increased by 13% over the same period.
Increase in the number of both adoption applications and orders.	In January to March 2021 there were 1,178 adoption applications, up 6% on the equivalent quarter in 2020. Similarly, the number of adoption orders issued increased by 6% to 1,166.
Increase in the deprivation of liberty applications and decrease in the orders made.	There were 1,459 applications relating to deprivation of liberty in January to March 2021, up 81% on the equivalent quarter in 2020. Orders decreased by 4% in the latest quarter compared to the same period last year.
Increase in the proportion of digital applications and grants issued for probate	In January to March 2021, there were 61,696 applications for probate grants. 57,620 probate grants were issued in the same period. 77% of these applications and 62% of these grants issued were made digitally, compared to 22% of each 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 (January to March 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. 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 in the number of new cases started across most case types as well as increases in the number of disposed cases across most areas compared to the same time last year, at the start of the pandemic in the UK. The impacts on timeliness measures continue to be felt, particularly for delays to care proceedings, with work continuing to address the impact to the family justice system.

Domestic violence remedy cases remain at high levels, with increases in both new cases starting and cases that reached a final disposal – up 15% and 36% respectively from quarter 1 2020 (although down from the record levels seen in quarter 3 2020). 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 slowed further to the longest average time since the end of 2012.

It may be some time until improvements as a result of recovery measures taken begin to show, particularly relating to 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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3. 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 January to March 2021, 71,707 new cases started in family courts, up 7% on the equivalent quarter in 2020. This was due to increases in most case types: financial remedy (29%), domestic violence (15%), private law (5%), matrimonial (2%) and adoption (1%) cases. However, there was a decrease in public law (7%) case starts.

There were 64,969 case disposals in January to March 2021, up 8% on the equivalent quarter of 2020. This was due to increases in most case types: domestic violence (36%), financial remedy (13%), public law (11%), adoption (10%) and private law (9%) cases. (Table 1)

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

In January to March 2021, 43% of new cases within family courts related to matrimonial matters, down from the equivalent quarter of 2020 (45%).

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 January to March 2021 the average was 41 weeks, up from 34 weeks during the same period in 2020 (Table 10).

The average time for divorce and annulment cases to reach first disposal was down 1 week compared to the equivalent quarter in 2020. Private law cases took longer, with the average time to first disposal in January to March 2021 taking 25 weeks, up 8 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 nearly all cases have only one applicant, 75% 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 January to March 2021, consistent with the long-term trend (Table 7).

3.1 HMCTS weekly management information during coronavirus

The statistics in this publication focus on the period between January to March 2021; however, weekly management information (MI) has been published by HMCTS that covers the period up to the week ending 23rd May 2021 [HMCTS weekly management information during coronavirus - March 2020 to May 2021 - GOV.UK (www.gov.uk)] (HMCTS weekly management information during coronavirus - March 2020 to May 2021 - GOV.UK (www.gov.uk)).

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 weekly figures are therefore subject to larger revisions and should be treated with greater care and considered provisional.

4. 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 4,088 public law cases starting in January to March 2021, down 7% compared to the equivalent quarter in 2020. Cases disposed were up 11% to 4,135 (Table 2).

Average time for care proceedings continues upward trend

The average time for a care and supervision case to reach first disposal was 43 weeks in January to March 2021, up 8 weeks from the same quarter in 2020 and the highest average since mid-2012. 22% of these care proceedings were disposed of within the 26-week limit introduced in the Children and Families Act 2014, down 14 percentage points from the same period last year (Table 8).^{[footnote 1]}

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There were 6,862 individual children involved in new public law applications in January to March 2021, down 7% on the same quarter in the previous year, while the number of application events decreased by 7%.The number of public law disposal events increased by 1% over the same period.

Figure 2 shows the most common types of public law orders applied for and made in January to March 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, January to March 2021 (Source: Tables 3-4)

5. 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 2]} started increased by 5% (to 14,396) in January to March 2021 compared to the equivalent quarter in 2020. The number of application events increased by 5% over the same period.

The number of private law cases disposed of during January to March 2021 was up 9% on the equivalent quarter in 2020, with the number of court disposal events down by 4% (Table 2).

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There were 14,976 new private law application events in January to March 2021, up 5% on the equivalent quarter in 2020, with 22,269 individual children involved in these application events.

The number of private law court disposal events in January to March 2021 was 19,216, down 4% on the equivalent quarter in 2020.

Timeliness of Private law cases

In January to March 2021, it took on average 40 weeks for private law cases to reach a final order, i.e. case closure, up 10 weeks from the same period in 2020. This continues the upward trend seen since the middle of 2016, following from the end of 2015 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 January to March 2021 (Source: Table 9)

6. Legal Representation

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Cases with legal representation take the 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 3]},^{[footnote 4]}. In January to March 2021, the proportion of disposals where neither the applicant nor respondent had legal representation was 36%, increasing by 23 percentage points since January to March 2013, and down 2 percentage points from January to March 2020.

Correspondingly, the proportion of cases where both parties had legal representation went from 41% in January to March 2013 to 21% in January to March 2021, up 2 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 January to March 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 January to March 2021.

The proportion of parties with legal representation in cases with at least one hearing varies by case type and range from around 78% for public law cases to 2% for adoption cases, with figures subject to change as new cases progress (Table 11).

7. Divorce

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Increase in the number of divorce petitions, whist number of decree absolutes remains similar

Divorce petitions were up by 2% in January to March 2021 compared to the same period in the previous year. Decree absolutes remain similar in January to March 2021 compared to the same period in 2020.

Average time for proceedings decreased

Average time from petition to decree nisi decreased to 27 weeks in January to March 2021, from 28 weeks in the same quarter of 2020 (Table 12).

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There were 30,420 divorce petitions made during January to March 2021, up 2% from the same quarter in 2020. There were 30,171 decree absolutes granted in January to March 2021, similar to the same quarter in 2020 (Table 12).

Timeliness of divorce cases^{[footnote 5]}

For those granted decree nisi in January to March 2021, the mean average time from the date of petition was 27 weeks, down 1 week from the same period in 2020. The mean average time from petition to decree absolute was 51 weeks, down 2 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 January to March 2021, the median time to decree nisi was 17 weeks and 31 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 21,269 petitions made during January to March 2021 (70% of the total, up from 41% in the same period of 2020). The average time to decree nisi for January to March 2021 was 13 weeks, and 22 weeks from petition to decree absolute.

Figure 5: Divorce petitions made between Q3 2019 to Q1 2021, by case type (Source: Table 12)

28% of divorce petitions made between Q1 2011 to Q1 2021 reached decree nisi in the first quarter after the petition was made, with a further 38% 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).

In the FCSQ consultation response (published March 2021) we committed to publishing divorce timeliness measures as per HMCTS’ monthly management information publications. We will be continuing exploration of the measures and underlying data to ensure the data is presented appropriately alongside existing measures.

8. Financial Remedy

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Increase seen in financial remedy applications and disposals events

In January to March 2021, the number of financial remedy applications was up 27% and the number of disposal events was up 9% compared to the same period in 2020 (Table 15).

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There were 12,735 financial remedy applications made in January to March 2021, up 27% from the same period in 2020, while there were 11,234 financial remedy disposals events, up 9%. During this period, 73% of applications were uncontested and 27% were contested.

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

9. Domestic Violence Remedy Orders

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

In January to March 2021, there was an increase in the number of applications by 12% compared to the equivalent quarter in 2020. The number of orders made increased by 13% over the same period (Table 16).

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In January to March 2021, there were 8,974 applications made for a domestic violence remedy order, up by 12% on the same quarter in 2020. Most of the applications were for non-molestation orders (86%) compared to occupation orders (14%); these proportions have remained relatively consistent in recent years. Applications for non-molestation orders in January to March 2021 were up by 16%, whereas applications for occupation orders were down by 10% compared to the same period in 2020.

There were 10,057 domestic violence orders made in January to March 2021, up 13% from the same period last year. 95% were non-molestation orders and 5% were occupation orders, with non-molestation orders up by 16% and occupation orders down by 15% compared to the equivalent quarter in 2020.

The lockdown situation as a result of the covid-19 pandemic brought warnings about an increase in domestic violence, with victims having less opportunity to leave abusive partners. Longer term, police forces have been using a power to release alleged perpetrators without bail conditions, referred to as ‘released under investigation’, since 2017. This is a possible driving factor behind the rise in domestic violence remedy cases, as victims seek protective orders through the courts. The publicity regarding the Domestic Abuse Act (which was signed into law shortly after the time period covered by this data) may have also impacted levels.

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

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

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General upward trend in the number of forced marriage protection orders and female genital mutilation protection 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 since 2020. In January to March 2021, there were 45 applications, of which 73% of applications were for people aged 17 and under. Over the same period, there were 85 orders made, down 25% since the same period from the previous year.

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 January to March 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 7 applications and 17 orders made respectively in January to March 2021 (Table 18). In total, there have been 487 applications and 699 orders made up to end of March 2021, since their introduction in July 2015.

11. Adoptions

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Increase in the number of adoption applications and orders

During January to March 2021, there were 1,178 adoption applications made, up 6% from the equivalent quarter in 2020. Over the same period, the number of adoption orders issued also increased by 6% to 1,166 (Tables 19 and 20).

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There were 2,463 applications under the Adoption and Children Act 2002, including placement orders during January to March 2021, similar to the same quarter in the previous year. Total disposals increased by 9% to 2,341 over the same period.

The chart below shows the trend of adoption orders by the type of adopter. This shows that during January to March 2021, 63% of all adoption orders were issued to mixed-sex couples, 17% to sole applicants, 14% to same-sex couples and 4% to step-parents.

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

12. Mental Capacity Act - Court of Protection

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Increase in applications with a decrease in orders made in relation to deprivation of liberty

There were 1,459 applications relating to deprivation of liberty made in the most recent quarter, which is an increase of 81% on the number made in the same quarter in 2020. However, there was a decrease of 4% in the orders made for deprivation of liberty over the same period, from 1,054 to 1,007.

A decrease in both applications and orders under the Mental Capacity Act 2005 (MCA)

There were 7,941 applications made in January to March 2021, down by 4%. During the same period there were 12,504 orders made, down by 10%.

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

In January to March 2021, there were 7,941 applications made under the Mental Capacity Act 2005 (MCA), down by 4% on the equivalent quarter in 2020 (8,267 applications). Of those, 38% related to applications for appointment of a property and affairs deputy (Table 21).

In comparison, there were 12,504 orders made under the Mental Capacity Act 2005 (MCA), down by 10% on the same quarter in 2020. Of those, 41% related to applications by an existing deputy or registered attorney (Table 22).

13. Mental Capacity Act - Office of the Public Guardian

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Decrease in Lasting Powers of Attorney (LPAs) received

In January to March 2021, there were 195,734 LPAs received, down 18% compared to the equivalent quarter in 2020 (Table 23).

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In total there were 197,735 Powers of Attorney (POAs) received in January to March 2021, down 17% from the same quarter in 2020 (Table 23). Lasting Power of Attorney (LPAs) made up 99% of POAs received in January to March 2021, with Enduring Powers of Attorney (EPAs) making up the other 1%. There were 2,001 EPAs received in January to March 2021, down 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 received, January to March 2008 to January to March 2021 (Source: Table 23)

14. Probate Service

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

In January to March 2021, there were 61,696 applications for probate grants. 57,620 probate grants were issued in the same period. 77% of these applications and 62% of these grants issued were made digitally, compared to 22% of each in the same quarter in 2020 (Table 24).

Probate grants issued more quickly than letters of administration with a will, but took a similar time to those without a will

Probate grants took approximately 8 weeks to be issued after the application was submitted during January to March 2021. Letters of administration with a will and without a will took around 14 and 8 weeks respectively (Table 25).

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There were 75,398 applications made for grants of representation in January to March 2021. 61,696 (82%) of these were for probate grants, of which 77% were made digitally (Table 24).

Probate grants also make up the majority (78%) of all grants issued. In January to March 2021, 61% of the grants issued were applied for by legal professionals and 39% were personal applications (Table 24). For the 57,620 probate grants issued in the same period, 62% were issued digitally.

Timeliness of probate grants

The average time from application submission to grant issue for probate grants was 8 weeks (median average 4 weeks) overall. Averages for letters of administration with a will and without a will were 14 and 8 weeks respectively for January to March 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 January to March 2021 took 13 weeks on average to be issued, compared to 5 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 over 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 January to March 2021 (Source: Table 25)^{[footnote 6]}

15. Further information

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The data presented in this publication are sourced 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: 30 September 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. See the accompanying technical guide for more information. ↩

2. 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. ↩

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

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

5. Due to recording errors for some paper petitions, the date when the petition was issued have been incorrectly recorded as the date the petition was received by HMCTS from September 2020. This will affect the petition count and related timeliness measures – please see footnote 7 in Table 12 for further detail. ↩

6. 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. ↩