Source · Select Committees · Public Accounts Committee
Recommendation 4
4
Accepted
Clarify required family court capacity and plans to resolve judge and social worker shortages.
Recommendation
Shortages in the number of district judges and social workers are contributing to delays, and to significant regional differences in timeliness of resolving cases. There are wide variations in durations of cases; for example, in December 2024, the average duration for public law cases was 24 weeks in Wales but 53 weeks in London (for private law, it was 18 weeks and 70 weeks respectively). A major cause for particularly poor performance in London and the South East is that there are too few district judges and social workers in these areas. However, the departments have not systematically assessed what capacity would be required to meet demand at regional level. MoJ and HMCTS have attempted to increase judicial capacity over the last few years, for example by raising the retirement age and improving pension arrangements, but it remains a major ‘pinch point’ in London. HMCTS plans to recruit 80 district judges specifically for London and the South East with a view to addressing these shortages. recommendation In its Treasury Minute response MoJ, together with DfE, HMCTS and Cafcass, should clarify to the Committee: • the capacity required for family courts to meet current demand on a timely basis; and • how, and by when, family justice partners will resolve the workforce shortages in district judges and social workers, including details for locations where shortages are most acute.
Government Response Summary
The government accepts the recommendation, stating it has already increased judicial capacity, assesses family court capacity annually, and expects judicial recruitment campaign outcomes by Spring 2026. It further details ongoing investments by the DfE to address social worker shortages, including increased numbers, improved retention, new induction programs, and statutory guidance on agency staff.
Government Response
Accepted
HM Government
Accepted
The government agrees with the Committee’s recommendation. Recommendation implemented The Ministry of Justice, HM Courts and Tribunals Service, the Department for Education, Cafcass and Cafcass Cymru are working together to assess and address capacity and workforce challenges across the family justice system. The capacity required for the family courts is discussed each year with the judiciary through the concordat progress in light of available data on demand and taking into account agreed assumptions on productivity. The previous Lord Chancellor announced the sitting days and family court capacity for the current financial year in March 2025 Court capacity is regularly reviewed to ensure that judicial days are being sat in alignment with agreed allocations. Family court capacity includes District Judges, the circuit bench and magistrates. Overall, the number of judges who may sit some or all of their time in family has increased since 2018. Departments will know in spring 2026 the outcome of the regionally targeted District Judge recruitment which focuses on the regions with greatest need: early indications are encouraging. Recruitment for family Circuit Judges, and fee paid Recorders and Deputy District Judges continues to be positive. MoJ continues to work with partners to assess latest need and plan recruitment accordingly. Cafcass is taking steps to improve the recruitment and retention of family court advisers, particularly in areas experiencing persistent shortages. The Department for Education is investing in the recruitment, training and development of child and family social workers to ensure sufficient capacity and skills to safeguard vulnerable children. On 30 September 2024, local authorities employed 34,300 full‑time equivalent social workers, the highest number since records began in 2017. Vacancy rates fell to 17.3% and turnover to 13.8%, their lowest since 2020. DfE trains around 850 new social workers annually and provides professional development to 3,000 practitioners. A new two‑year induction programme will replace the current one‑year offer, better preparing new entrants. Statutory guidance on agency social worker use, effective from October 2024, and provisions in the Children’s Wellbeing and Schools Bill will further stabilise the workforce and reduce reliance on agency staff.