Asked by: Rupert Lowe (Independent - Great Yarmouth)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, in what proportion of family court cases did only one party receiving legal aid in each of the last five years.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
The requested information is not centrally held.
Asked by: Rupert Lowe (Independent - Great Yarmouth)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what was the average cost per case to the public purse of providing legal aid in family proceedings for which the latest data is available.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
For financial year 2024-2025 the average legal aid expenditure in family proceedings(1) was £4,551 for private family law cases e.g. proceedings concerning child arrangements orders and £10,058 for public family law cases e.g. care and supervision proceedings brought by the local authority. These figures are derived from Civil Representation expenditure data published as part of the LAA’s official statistics.
Under the 2013 Civil Legal Aid (Financial Resources and Payment for Services) Regulations individuals may be assessed as liable to make a contribution towards the cost of their legal aid case from either income or capital. In 2024-2025, in cases where an individual was assessed as liable to make a contribution, the average contribution collected in relation to family cases was £1,019.
Under section 25 of the Legal Aid Sentencing and Punishment of Offenders Act 2012 individuals who recover or preserve money in civil legal aid proceedings are required to repay the cost of their legal aid case from the money recovered (unless exempt under regulations). This is known as the statutory charge. In 2024-2025, for cases subject to the statutory charge, the average amount recovered in respect of family cases was £7,409. Recovery of the statutory charge can be postponed in certain limited circumstances and so recoveries made may not necessarily relate to cases funded in the same period.
(1) As defined in the 2024 Standard Civil Contract: Category Definitions.
Asked by: Rupert Lowe (Independent - Great Yarmouth)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what was the average amount repaid by people who had received legal aid in family court cases in each of the last five years.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
For financial year 2024-2025 the average legal aid expenditure in family proceedings(1) was £4,551 for private family law cases e.g. proceedings concerning child arrangements orders and £10,058 for public family law cases e.g. care and supervision proceedings brought by the local authority. These figures are derived from Civil Representation expenditure data published as part of the LAA’s official statistics.
Under the 2013 Civil Legal Aid (Financial Resources and Payment for Services) Regulations individuals may be assessed as liable to make a contribution towards the cost of their legal aid case from either income or capital. In 2024-2025, in cases where an individual was assessed as liable to make a contribution, the average contribution collected in relation to family cases was £1,019.
Under section 25 of the Legal Aid Sentencing and Punishment of Offenders Act 2012 individuals who recover or preserve money in civil legal aid proceedings are required to repay the cost of their legal aid case from the money recovered (unless exempt under regulations). This is known as the statutory charge. In 2024-2025, for cases subject to the statutory charge, the average amount recovered in respect of family cases was £7,409. Recovery of the statutory charge can be postponed in certain limited circumstances and so recoveries made may not necessarily relate to cases funded in the same period.
(1) As defined in the 2024 Standard Civil Contract: Category Definitions.
Asked by: Rupert Lowe (Independent - Great Yarmouth)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment his Department has made of the financial equitableness when only one parent receives legal aid in family court proceedings.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
The eligibility for family legal aid does not discriminate as between Mothers and Fathers. In any case, the eligibility criteria apply equally to both.
The legal aid framework was reformed by previous governments through the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). In 2019, the then Government published a post-implementation review of LASPO; the outcome of that review, including in relation to legal aid in family proceedings, is available at https://www.gov.uk/government/publications/post-implementation-review-of-part-1-of-laspo. Furthermore, between January 2023 and March 2025, the Ministry of Justice undertook a comprehensive Review of Civil Legal Aid (RoCLA); all reports are available at https://www.gov.uk/guidance/civil-legal-aid-review, this includes a deep dive on legal aid in family law cases.
Non means tested legal aid is available for parents and those with parental responsibility in most public family special Children Act 1989 cases, including care proceedings as well as related proceedings. A light-touch merits test is applied, so that only the need for representation is considered. As a result, more than one parent may be eligible for legal aid.
Legal aid is available in some private family matters for individuals experiencing, or at risk of, domestic abuse; for individuals (for example, parents) where the child who is the subject of the order is a victim of child abuse or at risk of abuse; for people under the age of 18; in certain cases of international or domestic abduction; for family mediation where there is a family dispute; and for certain urgent protection applications – for example, non-molestation orders. To be eligible for legal aid in these cases, means and merits tests usually need to be met, and evidence of domestic abuse also needs to be provided.
It is possible for both parties to receive legal aid in private family proceedings, if the case is in scope of LASPO and both parties meet the statutory eligibility and evidence requirements, where applicable. It is however also possible under LASPO for only one party to receive legal aid. This is due to the overall intention of LASPO which is to target legal aid to particularly vulnerable cohorts and those most in need.
Where an issue falls outside the scope of legal aid, eligible individuals may be able to obtain Exceptional Case Funding where they can show that, without the provision of legal aid, there is a risk that their human rights may be breached.
Asked by: Rupert Lowe (Independent - Great Yarmouth)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many family court cases the mother acted as a litigant in person due to lack of access to (a) legal aid and (b) representation in each of the last five years.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
It is not possible to identify from the data whether the mother or father was represented during proceedings. However, representation can be broken down by applicant and respondent, and this information is published in the Family Court Statistics Quarterly collection. The latest publication is available at: https://www.gov.uk/government/collections/family-court-statistics-quarterly
Reasons why parties may not have been represented are not held centrally.
Asked by: Rupert Lowe (Independent - Great Yarmouth)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many family court cases the father acted as a litigant in person due to lack of access to (a) legal aid and (b) representation in each of the last five years.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
It is not possible to identify from the data whether the mother or father was represented during proceedings. However, representation can be broken down by applicant and respondent, and this information is published in the Family Court Statistics Quarterly collection. The latest publication is available at: https://www.gov.uk/government/collections/family-court-statistics-quarterly
Reasons why parties may not have been represented are not held centrally.
Asked by: Rupert Lowe (Independent - Great Yarmouth)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what was the average financial cost for people meeting their own legal fees in family court proceedings in each of the last five years.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
The Ministry of Justice does not hold records on the average financial cost for people meeting their own legal fees in family court proceedings. These are private arrangements and there is no statutory requirement for them to be reported.
Asked by: Rupert Lowe (Independent - Great Yarmouth)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the effectiveness of the Family Court system, particularly in cases where one parent is legally represented and the other is not.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
The Government does not record the number of litigants who were unable to present their case properly due to lack of representation. The Ministry of Justice publish official statistics includes legal representation data in the following: Family_Court_Tables__Apr-Jun_2025_.ods
The Government is committed to ensuring all court users can access justice fairly. HMCTS offers practical guidance and intermediary support for litigants in person, while wider legal help is available through organisations funded by over £6 million from the Ministry of Justice (April 2025–March 2026), including online resources like Advicenow.
We have not made a specific assessment of the delays in cases involving litigants in person. However, published statistics show that cases where both parties, or the respondent only, had legal representation generally took longer to conclude than those where only the applicant was represented or both parties were unrepresented.
We recognise the impact delays have on families and are taking action to improve outcomes. In private law proceedings relating to children, Pathfinder courts are reducing case durations, delivering some of the fastest times nationally and providing better support for vulnerable parties, including domestic abuse survivors.
This Government has not made an assessment of judicial outcomes. The Judiciary are constitutionally independent from the Government. Commenting on or evaluating judicial decisions would risk undermining this independence.
Asked by: Rupert Lowe (Independent - Great Yarmouth)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what mechanisms exist to coordinate information between criminal courts and family courts.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
The Disclosure of Information between Family and Criminal Agencies and Jurisdictions: Protocol 2024 came into effect on 1 March 2024 and applies to the exchange of information and material between criminal and family agencies and jurisdictions.
Asked by: Rupert Lowe (Independent - Great Yarmouth)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many litigants in person report that they were unable to present their case properly due to lack of representation in each of the last five years; and what assessment he has made of the effect on judicial outcomes in family court proceedings.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
The Government does not record the number of litigants who were unable to present their case properly due to lack of representation. The Ministry of Justice publish official statistics includes legal representation data in the following: Family_Court_Tables__Apr-Jun_2025_.ods
The Government is committed to ensuring all court users can access justice fairly. HMCTS offers practical guidance and intermediary support for litigants in person, while wider legal help is available through organisations funded by over £6 million from the Ministry of Justice (April 2025–March 2026), including online resources like Advicenow.
We have not made a specific assessment of the delays in cases involving litigants in person. However, published statistics show that cases where both parties, or the respondent only, had legal representation generally took longer to conclude than those where only the applicant was represented or both parties were unrepresented.
We recognise the impact delays have on families and are taking action to improve outcomes. In private law proceedings relating to children, Pathfinder courts are reducing case durations, delivering some of the fastest times nationally and providing better support for vulnerable parties, including domestic abuse survivors.
This Government has not made an assessment of judicial outcomes. The Judiciary are constitutionally independent from the Government. Commenting on or evaluating judicial decisions would risk undermining this independence.