8 out of 10 private family court hearings now involve litigants in person

Litigants in person now appear in eight out of ten private family court hearings. A new report from the Nuffield Family Justice Observatory shows that in 80% of private law hearings at least one person has no lawyer. The report links this rise directly to the cuts to legal aid made in 2013.

Before those cuts, many separating parents could get help from a solicitor. After the Legal Aid, Sentencing and Punishment of Offenders Act 2012, most private family law cases no longer qualified. Since April 2013, legal aid has usually been limited to cases involving domestic or child abuse, and even then strict financial tests apply. As a result, far more people now have to represent themselves.

This sharp increase in litigants in person puts extra pressure on the family courts. Cases often take longer, because judges and court staff need to explain procedures and help people understand what to do next. In turn, backlogs grow and families wait longer for decisions about children and finances.

For individuals, going to court alone can feel confusing and overwhelming. Without legal advice, it may be harder to understand options, present evidence or reach a fair outcome. Judges can also find it more difficult to explore the facts and resolve cases quickly when neither party has a lawyer to guide them.

All of this underlines the need to make early legal advice more accessible and affordable.