Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what recent assessment he has made of the (a) willingness and (b) ability of courts to determine the validity of exemption claims for Mediated Information and Assessment Meetings.

Data from 2021/22 showed that only 33% of applicants to the family courts for a private law matter concerning children attended a Mediation Information and Assessment Meeting (MIAM) when their application type would have ordinarily required MIAM attendance. Although most of these exemptions are validly claimed, the reasons given for the exemptions are not always properly scrutinised when an application is submitted, and at present the evidence supporting the exemption may not be considered until the first court hearing.

The Government has asked the Family Procedure Rule Committee to consider what changes could be made to strengthen the uptake and enforcement of the MIAM requirement, including whether the point at which the evidence is considered by the court could be brought forward. The Committee has recently consulted on proposed rule changes in this area. The consultation can be found at: Early resolution of private family law arrangements - GOV.UK (www.gov.uk). The consultation is now closed, and any Rule changes are expected to be confirmed in Autumn, with plans for changes to come into force in 2024.