In response to a surge in private law family cases, London’s family courts are reintroducing a special prioritisation protocol, initially established during the pandemic, to manage the increasing workload more effectively. This move aims to address the growing challenges faced by the family justice system, particularly in light of a notable 27% rise in new private law applications from April to July 2023, compared to the same period in the previous year.
The Children and Family Court Advisory and Support Service (Cafcass), responsible for representing children’s interests in family courts, will be implementing this protocol. It is designed to ensure that cases requiring urgent attention, especially those involving children and families in difficult situations, are handled more promptly.
The protocol was first introduced in 2021 as a response to the unique challenges posed by the pandemic. Its reactivation comes after extensive discussions between Cafcass and judges from West London, East London, and the Central family courts. The decision underscores the ongoing and increasing pressures on the family justice system in London, exacerbated by additional workloads due to persistent delays.
One of the primary objectives of the protocol is to facilitate the timely allocation of cases involving higher-risk children, while also maintaining manageable caseloads for family court advisers. It also aims to restore capacity for management support, supervision, and oversight, ensuring the quality of practice and providing a single point of contact for families before their case is allocated to a family court adviser.
Cafcass has been closely collaborating with family justice partners in London to understand local challenges and devise strategies to address them. While these efforts have alleviated local pressures temporarily, the current situation demands the reactivation of the prioritisation protocol to maintain sustainable operations.
The protocol involves an assistant service manager conducting a case review to determine which cases should be prioritised for allocation and which can be held in an ‘Allocation Hub’. The types of cases considered less urgent will be agreed upon locally between Cafcass and the judiciary. The goal is to reduce filing times for priority cases to within 14 weeks, with less urgent children’s cases held in the hub and overseen by the assistant service manager until allocated to a family court advisor, at least eight weeks before the filing date.
Additionally, a ‘post assessment hub’ will be established for Greater London, catering to court-ordered work that has been completed but where the hearing is listed more than six weeks in the future.
Cafcass chief executive Jacky Tiotto emphasised that the decision to start the prioritisation protocol in London was not taken lightly. The rising number of private law family court applications and the additional work caused by delays necessitated the activation of procedures to prioritise the most urgent work after the first hearing in private family law cases.
The protocol is also currently in use in Greater Manchester, Essex and Suffolk, and Norwich. It is important to note that public law cases will not be affected by this protocol.
This development follows the Law Society’s renewed call for fresh investment into the family justice system to address worsening delays and ensure that the system can effectively meet the needs of families and children in legal disputes.
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