Lawyers and judges have welcomed proposals to end the ‘culture of delay’ in the family justice system, published in the Family Justice Review’s final report.

One of the key recommendations of the review panel, chaired by David Norgrove, is to set a statutory six-month limit on the time taken to resolve care cases, except in exceptional cases.

The report said that each year 500,000 children and adults are involved in the family justice system, with care cases currently taking on average 60 weeks and private law cases taking an average of 32 weeks.

At a press briefing, Norgrove said: ‘There is a culture of delay in cases that has become acceptable and accepted. We need to crack that and break it.’

He warned nevertheless of a risk that cuts to legal aid could increase the number of litigants in person and consequently inhibit attempts to cut delays.

Highlighting the ‘vital’ importance of ensuring a supply of properly qualified family lawyers to ensure the protection of children, Norgrove said the Ministry of Justice and Legal Services Commission would need to ‘carefully monitor’ the impact of the reforms.

The report covers three main areas - public law (taking children into care), private law (separation, divorce and children issues), and the creation of a Family Justice System.

Recommendations in the 225-page report include greater use of mediation; increasing the number of specialist judges in family law to hear cases from start to finish; and a simplified court structure to benefit court users.

Most of the panel’s recommendations are unchanged from those of its interim report published in March. However, the final report did drop proposals to introduce a legal presumption around shared parenting, and abolish the distinction between a decree nisi and a decree absolute in divorce.

A government spokesperson said the recommendations were a ‘good start’ to transforming the family justice system to enable it to meet the needs of the children who are at its heart.

She said: ‘It is vital we radically reform the family justice system to tackle delay and improve the service to children.’

The government is already taking forward some of the review's recommendations on speeding up care cases, she added. It will introduce a presumption that all cases will, save in exceptional circumstances, be resolved in six months and from January 2012 will publish details of how each court is performing.

She said: ‘We agree with the panel's strong focus on mediation for separating couples, as a more practical and amicable alternative to court, especially for children, and we will be increasing funding for this by two-thirds to £25 million a year.’

The Law Society’s chief executive Desmond Hudson said the Society supported the report’s aims and recognised the need for ‘radical and lasting change’ in the family justice system. But he warned that adequate resources would be needed to implement the changes.

Hudson said: ‘To effectively halve the time which cases take now will require additional resources - more court time and more judges’ time. It will also require more time from family solicitors.’

He warned that the legal aid reforms will threaten this, adding: ‘Legal aid cuts will lead to the family courts slowing down even further, as more and more people go to court unrepresented, which takes up court time as everything has to be explained and some people have completely unrealistic expectations of the process because they haven’t had a family solicitor’s advice.’

Chair of the Family Law Bar Association Stephen Cobb QC welcomed the ‘ambitious’ proposals, which he hoped would reduce the ‘scandalous’ delays in the family justice system.

In particular, he said the FLBA supports the creation of a more effective family justice service, greater judicial continuity and better case management.

He shared Hudson’s concerns over the impact of the legal aid cuts, saying: ‘The review rightly recognises the vital role that family barristers and solicitors play in the speedy resolution of cases. This will however, count for little if the government pursues these cuts.

‘In that event, the pool of talented family lawyers will be significantly diminished at the expense of children, families and the family justice system.’

The president of the Family Division Sir Nicholas Wall and the Magistrates’ Association also welcomed the report.

Wall said: ‘I recognise the need for all agencies to work together to reduce delay and improve their practices to secure the best possible experience and outcomes for the families and children who become involved with the family justice system.’

Malcolm Richardson, chairman of the Magistrates' Association's family courts committee said, magistrates were ‘only too aware of the effect of delays on children suffering harm’, and wanted a system that provided a 'reliable, child-centred, resolution-orientated service'.

Chair of family lawyers group Resolution David Allison said: 'Any moves to make family law less combative, such as the report’s emphasis on alternative dispute resolution methods are to be encouraged.'

But he said the publication of the final report the day after the Legal Aid, Sentencing and Punishment of Offenders Bill leaves the House of Commons demonstrates the 'fragmented nature' of the government’s approach to family law.

Allison said: 'The Family Law Review is a watershed moment for family law, something that has long been in need of reform. But at the same time, the LASPO Bill will remove legal aid provision for the vast majority of family law cases, meaning that some of the most vulnerable families, and their children, will struggle to access the professional legal advice and support they need - even if the processes are simplified.'

Read the report.

And The Law Society’s full response.