National statistics

Family Court Statistics Quarterly: January to March 2022

Published 30 June 2022

1. Main Points

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Decrease in the number of cases started in the Family Courts	68,134 new cases started in Family courts in January to March 2022, down 6% on the same quarter in 2021. This was due to decreases in most case types: financial remedy (18%), adoption (17%), private law (9%) and matrimonial (2%) cases. However, there was an increase in public law (4%) and domestic violence (2%) 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 49 weeks in January to March 2022, up 6 weeks compared to the same quarter in 2021. 17% of cases were disposed of within 26 weeks - down 5 percentage points compared to the same period in 2021.
Average time for divorce proceedings remains unchanged	The mean average time from petition to decree nisi was 26 weeks, and decree absolute was 56 weeks - the time to nisi was similar to the equivalent quarter in 2021 whilst time to absolute was up 5 weeks. The median time to decree nisi and decree absolute was 12 and 33 weeks respectively.
Decrease in both divorce petitions and decree absolutes	There were 30,154 divorce petitions filed in January to March 2022, down 2% on the equivalent quarter in 2021. There were 23,973 decree absolutes granted in January to March 2022, a decrease of 20% from the same period last year.
Increase in domestic violence remedy applications, with a corresponding decrease in the orders made.	The number of domestic violence remedy order applications increased by 3% compared to the equivalent quarter in 2021, while the number of orders made decreased by 8% over the same period.
Decrease in the number of both adoption applications and orders.	In January to March 2022 there were 1,014 adoption applications, down 14% on the equivalent quarter in 2021. Similarly, the number of adoption orders issued decreased by 24% to 890.
Increase in deprivation of liberty applications made, with a decrease in orders made.	There were 1,666 applications relating to deprivation of liberty in January to March 2022, up 14% on the equivalent quarter in 2021. Orders decreased by 35% 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 January to March 2022, there were 61,596 applications for probate grants. 55,488 probate grants were issued in the same period. 84% of these applications and 85% of these grants issued were made digitally, compared to 78% and 62% respectively in the same quarter in 2021.

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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 2022). 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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Volumes of new cases starting across most Family Justice areas have increased since the end of 2021 although were lower than the same time period last year, which showed the highest levels of cases starting in the published time series (at 74,000 cases started). Closed cases have decreased in most areas, although there was a record high for the closing of domestic violence remedy cases, following the record level of applications seen earlier in the pandemic.

Timeliness measures continue to show the impact of reduced capacity during lockdown. Care and supervision proceedings continue to see an increase in the average time to a first definitive disposal, now at the highest levels seen in mid-2012 – in the latest quarter less than one in five care proceedings were disposed of within 26 weeks. Similarly, time taken for private law cases to complete is at a record high.

As timeliness is measured from the first application in a case, data for the next few quarters are likely to continue to include some cases issued before or during the early stages of the pandemic. Recent measures announced^{[footnote 1]} include opening a large number of virtual court rooms across all jurisdictions to aid court recovery.

Digitisation continues to be associated with faster outcomes for those applying for divorce or a grant of probate. Over four fifths of divorces and probate applications in the last quarter were dealt with digitally. The latest quarter has also seen an increase in the number of divorce applications, ahead of the change to the divorce law which was introduced on 6 April 2022.

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3. Overview of the Family Justice System

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

In January to March 2022, 68,134 new cases started in family courts, down 6% on the equivalent quarter in 2021. This was due to decreases in most case types: financial remedy (18%), adoption (17%), private law (9%) and matrimonial (2%) cases. However, there was an increase in public law (4%) and domestic violence (2%) case starts.

There were 57,094 case disposals in January to March 2022, down 12% on the equivalent quarter of 2021. This was due to decreases in most case types: adoption (28%), matrimonial (21%), public law (16%), financial remedy (7%) and private law (1%) cases. However, there was an increase in domestic violence (9%) case disposals. (Table 1)

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Figure 1: Cases started and disposed, by case type, January to March 2011 to January to March 2022 (Source: Table 1)

In January to March 2022, 45% of new cases within family courts related to matrimonial matters, down from the equivalent quarter of 2021 (43%).

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 2022 the average was 47 weeks, up from 41 weeks during the same period in 2021 (Table 10).

The average time for divorce and annulment cases to reach first disposal was down 1 week compared to the equivalent quarter in 2021. Private law cases took longer, with the average time to first disposal in January to March 2022 taking 34 weeks, up 9 weeks compared to the same period in 2021.

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, 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 January to March 2022, consistent with the long-term trend (Table 7).

HMCTS monthly management information

The statistics in this publication focus on the period between January to March 2022; however, monthly management information (MI) has been published by HMCTS that covers up to April 2022. https://www.gov.uk/government/statistical-data-sets/hmcts-management-information-april-2022. 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.

4. Children Act - Public Law

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Increase in the number of public law case starts and decrease in the number of cases disposed

There were 4,248 public law cases starting in January to March 2022, up 4% compared to the equivalent quarter in 2021. Cases disposed were down 16% to 3,426 (Table 2).

Average time for care proceedings continues upward trend

The average time for a care and supervision case to reach first disposal was 49 weeks in January to March 2022, up 6 weeks from the same quarter in 2021 and the highest average since 2012. 17% of these care proceedings were disposed of within the 26-week limit introduced in the Children and Families Act 2014, down 5 percentage points from the same period last year and the lowest recorded since 2012 (Table 8).^{[footnote 2]}

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There were 7,163 individual children involved in new public law applications in January to March 2022, up 4% on the same quarter in the previous year, while the number of applications made increased by 1%. The number of public law disposals decreased by 30% over the same period.

Figure 2 shows the most common types of public law orders applied for and made in January to March 2022, 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, by order type, January to March 2022 (Source: Tables 3-4)

5. Children Act - Private Law

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

The number of private law cases^{[footnote 3]} started decreased by 9% (to 13,197) in January to March 2022 compared to the equivalent quarter in 2021. The number of applications made decreased by 7% over the same period.

The number of private law cases disposed of during January to March 2022 was down 1% on the equivalent quarter in 2021, with the number of disposals down by 9% (Table 2).

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There were 13,891 new private law applications made in January to March 2022, down 7% on the equivalent quarter in 2021, with 20,669 individual children involved in these applications.

The number of private law disposals in January to March 2022 was 28,647, down 9% on the equivalent quarter in 2021.

Timeliness of Private law cases

In January to March 2022, it took on average 46 weeks for private law cases to reach a final order, i.e. case closure, up 7 weeks from the same period in 2021 and the highest value in the series. This continues the upward trend seen since the middle of 2016, where the number of new cases overtook the number of cases disposed (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 2022 (Source: Table 9)

6. 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 January to March 2022, the proportion of disposals where neither the applicant nor respondent had legal representation was 41%, increasing by 27 percentage points since January to March 2013, and up 4 percentage points from January to March 2021.

Correspondingly, the proportion of cases where both parties had legal representation went from 41% in January to March 2013 to 18% in January to March 2022, down 3 percentage points compared to the same period in 2021 (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 2022 (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 29% in January to March 2022.

The proportion of parties with legal representation in cases with at least one hearing varies by case type and range from around 66% 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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Decrease in the number of divorce petitions and decree absolutes

Divorce petitions were down by 2% in January to March 2022 compared to the same period in the previous year. Decree absolutes granted were down by 20% in January to March 2022 compared to the same period in 2021.

Average time for proceedings remains unchanged

Average time from petition to decree nisi was 26 weeks in January to March 2022, similar to the same quarter of 2021 (Table 12).

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There were 30,154 divorce petitions made during January to March 2022, down 2% from the same quarter in 2021. This is an increase of 30% from October to December 2021, following decreases across several quarters during the last year, ahead of the divorce law change on 6 April 2022. There were 23,973 decree absolutes granted in January to March 2022, down 20% compared to the same quarter in 2021 (Table 12).

Timeliness of divorce cases

For those granted decree nisi in January to March 2022, the mean average time from the date of petition was 26 weeks, similar to the same period in 2021. The mean average time from petition to decree absolute was 56 weeks, up 5 weeks from the equivalent quarter in 2021.

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 2022, the median time to decree nisi was 12 weeks and 33 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 26,973 petitions made during January to March 2022 (89% of the total, up from 69% in the same period of 2021). The average time to decree nisi for January to March 2022 was 14 weeks, and 28 weeks from petition to decree absolute.

New divorce law: Divorce legislation changed on 6 April 2022 that aims to reduce the potential for conflict. This will be reported on in the next issue of Family Court Statistics Quarterly and we would like to hear users’ views. If you have any suggestions regarding the new divorce law that you would like to see included, please contact <familycourt.statistics@justice.gov.uk> by 15 July 2022.

Figure 5: Divorce petitions made between Q3 2019 to Q1 2022, by case type (Source: Table 12)

30% of divorce petitions made between Q1 2011 to Q1 2022 reached decree nisi in the first quarter after the petition was made, with a further 36% reaching this stage within the second quarter. Over half the petitions reached a decree absolute within three quarters after petition (3% in the first quarter, 31% within 1 to 2 quarters and 19% within 2 to 3 quarters) (Table 14).

8. Financial Remedy

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Decrease seen in financial remedy applications and disposals events

In January to March 2022, the number of financial remedy applications was down 16% and the number of disposal events was down 10% compared to the same period in 2021 (Table 15).

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There were 10,815 financial remedy applications made in January to March 2022, down 16% from the same period in 2021, while there were 11,083 financial remedy disposals events, down 10%. During this period, 75% of applications were uncontested and 25% were contested.

Figure 6: Applications for financial remedy orders, January to March 2009 to January to March 2022 (Source: Table 15)

9. Domestic Violence Remedy Orders

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

In January to March 2022, there was a 3% increase in applications made compared to the equivalent quarter in 2021. The number of orders made decreased by 8% over the same period (Table 16).

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In January to March 2022, there were 8,238 domestic violence remedy applications, up by 3% on the same quarter in 2021 requesting a total of 9,517 orders (multiple orders can be applied for in a single application). Most of the orders applied for were non-molestation orders (83%) compared to occupation orders (17%); these proportions have remained relatively consistent in recent years. Applications for non-molestation and occupation orders in January to March 2022 were both up, by 3% and 24% respectively, compared to the same period in 2021.

There were 9,351 domestic violence orders made in January to March 2022, down 8% from the same period last year. 95% were non-molestation orders and 5% were occupation orders, with both non-molestation orders and occupation orders down by 8% compared to the equivalent quarter in 2021.

Figure 7: Applications for domestic violence remedy orders, January to March 2009 to January to March 2022 (Source: Table 16)

10. 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 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 long term upward trend from their introduction in November 2008 until the end of 2019.

However, this seems to have reversed during 2020. In January to March 2022, there were 50 applications, of which 90% of applications were for people aged 17 and under. Over the same period, there were 68 orders made, down 39% 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 2022 (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 13 applications and 14 orders made respectively in January to March 2022 (Table 18). In total, there have been 529 applications and 751 orders made up to end of March 2022, since their introduction in July 2015.

11. Adoptions

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Decrease in the number of adoption applications and orders

During January to March 2022, there were 1,014 adoption applications made, down 14% from the equivalent quarter in 2021. Over the same period, the number of adoption orders issued also decreased by 24% to 890 (Tables 19 and 20).

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There were 2,048 applications under the Adoption and Children Act 2002, including placement orders during January to March 2022, down 17% on the same quarter in the previous year. Total disposals decreased by 27% to 1,794 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 2022, 56% of all adoption orders were issued to mixed-sex couples, 21% to sole applicants, 17% to same-sex couples and 6% to step-parents.

Figure 9: Adoption orders issued, by adopter, January to March 2011 to January to March 2022 (Source: Table 20)

12. Mental Capacity Act - Court of Protection

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

There were 1,666 applications relating to deprivation of liberty made in the most recent quarter, which is an increase of 14% on the number made in the same quarter in 2021. There was a decrease by 35% in the orders made for deprivation of liberty over the same period from 1,007 to 656.

An increase in applications whilst orders decrease under the Mental Capacity Act 2005 (MCA)

There were 8,709 applications made in January to March 2022, up by 10%. During the same period there were 11,255 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 2022 (Source: Table 22)

In January to March 2022, there were 8,709 applications made under the Mental Capacity Act 2005 (MCA), up by 10% on the equivalent quarter in 2021 (7,941 applications). Of those, 39% related to applications for appointment of a property and affairs deputy (Table 21).

In comparison, there were 11,255 orders made under the Mental Capacity Act 2005 (MCA), down by 10% on the same quarter in 2021. Of those, 40% related to orders by an existing deputy or registered attorney (Table 22).

13. Mental Capacity Act - Office of the Public Guardian

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Continuing increasing trend in Lasting Powers of Attorney (LPAs)

In January to March 2022, there were 202,855 LPAs registered, up 6% compared to the equivalent quarter in 2021 (Table 23).

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In total there were 204,313 Powers of Attorney (POAs) registered in January to March 2022, up 6% from the same quarter in 2021 (Table 23). Lasting Power of Attorney (LPAs) made up 99% of POAs registered in January to March 2022, with Enduring Powers of Attorney (EPAs) making up the other 1%. There were 1,458 EPAs registered in January to March 2022, down 26% on the equivalent quarter in 2021.

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 January to March 2022 (Source: Table 23)

57% of POAs registered were from female donors in January to March 2022 and 42% were from male donors. Altogether 53% were over 75 years old.

14. Probate Service

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

In January to March 2022, there were 61,596 applications for probate grants. 55,488 probate grants were issued in the same period. 84% of these applications and 85% of these grants issued were made digitally, compared to 78% and 62% respectively in the same quarter in 2021 (Table 24).

Probate grants issued more quickly than other grants of representation

Probate grants took approximately 8 weeks to be issued after the application was submitted during January to March 2022. Letters of administration with a will and without a will took around 15 and 12 weeks respectively (Table 25).

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There were 75,116 applications made for grants of representation in January to March 2022. 61,596 (82%) of these were for probate grants, of which 84% were made digitally (Table 24).

Probate grants also make up the majority (81%) of all grants issued. In January to March 2022, 63% of the grants issued were applied for by legal professionals and 37% were personal applications (Table 24). For the 55,488 probate grants issued in the same period, 85% were issued digitally.

Timeliness of probate grants

The average time from application submission to grant issue for probate grants was 8 weeks (median average 5 weeks) overall. Averages for letters of administration with a will and without a will were 15 and 12 weeks respectively for January to March 2022 (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 2022 took 15 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 are ready for examination) to grant issue, this is around 1 week 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 2022 (Source: Table 26)^{[footnote 6]}

15. 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: 29 September 2022

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. Nightingale Courts extended to support justice recovery - 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. 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. ↩