Family Courts: Legal Representation

(asked on 24th October 2019) - View Source

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, how many parents had no representation at a family court case relating to a child in each year since 2010.


Answered by
Wendy Morton Portrait
Wendy Morton
This question was answered on 29th October 2019

The number of unrepresented parents in private law Children Act cases is shown in the table below.

Since 2015, we have invested almost £8 million in a support strategy for unrepresented parties. This provides practical support and information as well as routes to free or more affordable legal advice. Public funding remains available for parents in public law Children Act proceedings where a local authority seeks an order to place a child in care or under its supervision, and in private law Children Act cases where there is evidence of domestic or child abuse.

Additionally, we announced in the Legal Support Action Plan in February 2019 that we are providing a further £3m of funding over the next two years to enhance support for litigants in person, ensuring those representing themselves in court understand the process and are better supported through it.

The total number of private law cases started and the number applicants and respondents who had no representation in these cases from 2011 to 2018.

Year

Total number of cases started5

Cases with at least one hearing5

Unrepresented Applicants

Unrepresented Respondents

Parent

Other3

Unknown4

Total

Parent

Other3

Unknown4

Total

2011

49,067

45,907

10,229

2,561

296

13,086

19,134

1,251

5,512

25,897

2012

52,062

49,157

11,586

2,525

340

14,451

21,122

1,243

6,343

28,708

2013

54,624

51,846

17,005

3,414

579

20,998

28,209

1,456

9,703

39,368

2014

42,114

39,776

16,754

3,183

829

20,766

21,823

907

9,165

31,895

2015

43,347

41,435

18,555

2,969

939

22,463

23,686

1,032

8,161

32,879

2016

48,246

46,258

21,874

3,093

1,077

26,044

26,672

1,161

8,531

36,364

2017

50,652

48,635

24,061

3,307

931

28,299

30,322

1,180

6,854

38,356

2018

51,671

49,602

24,900

3,164

1,041

29,105

30,101

1,141

7,703

38,945

Notes:

1) No representation is determined by the field 'legal representation' in Familyman being left blank. Therefore, this is only a proxy measure and parties without a recorded representative are not necessarily self-representing litigants in person.

2) In this instance 'at least one hearing' refers to non-vacated scheduled hearings, rather than actual hearings that have taken place.

3) 'Other' can refer to Grandparents, Step-Parents, Special Guardians or Children.

4) 'Unknown' relations to child can occur in cases where relation to child is not requested (e.g. if the applicant or respondent is a local authority)
This is the case for 3% of applicants and 23% of respondents given in the table.

5) 'Total number of cases started' and 'Cases with at least one hearing' are included only for additional context and will include hearings with represented parties. 6) The central data system FamilyMan was fully rolled out by the end of 2010 and so any data prior to this in FamilyMan is not complete and not shown in this table

6) The central data system FamilyMan was fully rolled out by the end of 2010 and so any data prior to this in FamilyMan is not complete and not shown in this table

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