TOKYO —

His Majesty’s Courts & Tribunals Service (HMCTS) has released its annual report for the financial year 2025/26, detailing a significant deployment of judicial resources within the family justice system, with a recorded 99,000 sitting days dedicated to family court matters across England and Wales. This figure underscores the sustained high demand placed upon the family courts and the ongoing efforts by HMCTS and the Ministry of Justice to manage burgeoning caseloads, address backlogs, and ensure timely justice for families navigating complex and often sensitive legal proceedings. The report, which typically provides a comprehensive overview of court performance, operational efficiency, and strategic priorities, is a crucial barometer for the health and responsiveness of the family justice system.

Contextualising the Family Justice Landscape

The family justice system in England and Wales handles an immense volume and variety of cases, ranging from divorce and financial settlements to child arrangements, adoption, and critical public law proceedings involving child protection. Over recent decades, this system has been under considerable strain, exacerbated by a confluence of factors including changes in societal structures, legislative reforms, the lingering impact of legal aid cuts, and the unprecedented disruption caused by the COVID-19 pandemic. The period leading up to 2025/26 has seen a concerted push to recover from pandemic-induced delays, which saw many hearings adjourned or moved to remote formats, creating significant backlogs. The 99,000 sitting days reported for 2025/26 represent the cumulative effort of judges, magistrates, and legal professionals to process these cases, provide judicial oversight, and deliver resolutions for thousands of families.

Sitting days serve as a key performance indicator, reflecting the total amount of time judges and magistrates spend actively presiding over court hearings, case management conferences, and final determinations. A higher number of sitting days can indicate increased judicial capacity, successful deployment of resources, or a persistent high volume of incoming cases requiring judicial attention. The 2025/26 figure will be scrutinised by legal practitioners, policy makers, and advocacy groups to assess whether this level of activity is sufficient to meet demand, reduce waiting times, and improve outcomes for children and vulnerable adults.

Detailed Analysis of Sitting Day Allocation and Caseloads

While the headline figure of 99,000 sitting days provides a broad measure of activity, a deeper dive into the report’s specifics reveals the intricate challenges faced by the family courts. Industry experts anticipate the report will offer a breakdown of these sitting days, categorising them by the type of proceedings. Typically, family court caseloads are divided into:

  • Private Law Cases: These primarily involve disputes between private individuals, most commonly relating to child arrangements orders (who a child lives with and spends time with), specific issue orders, prohibited steps orders, and applications for parental responsibility. These cases often arise from divorce or separation and can be highly contentious.
  • Public Law Cases: These involve local authorities seeking court orders to protect children from harm, such as care orders, supervision orders, or emergency protection orders. These cases are often complex, involving multiple parties (parents, children’s guardians, local authority social workers, expert witnesses) and stringent statutory timescales.
  • Other Family Matters: This category includes adoption proceedings, financial remedy applications following divorce, applications under the Family Law Act for protective injunctions (e.g., non-molestation orders, occupation orders), and cases involving forced marriage protection orders or female genital mutilation protection orders.

It is plausible that a significant proportion of the 99,000 sitting days would have been allocated to public law cases, given their statutory deadlines and the critical nature of safeguarding children. However, private law cases continue to represent a substantial volume, often characterised by repeated applications and protracted disputes, which can consume considerable judicial time. The report is expected to detail any shifts in the balance between these categories, reflecting societal trends or policy interventions. For example, if there has been an increase in domestic abuse referrals, this could lead to more applications for protective injunctions and child arrangements orders with safeguarding elements, thereby increasing the complexity and duration of hearings.

A Chronology of Challenges and Reforms Leading to 2025/26

HMCTS publish annual report showing 99,000 Family sitting days in 25-26 – Family Law Week

The journey to the 2025/26 reporting period has been marked by several significant milestones and ongoing reform efforts within the family justice system:

  • Early 2010s – Legal Aid Reforms: The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) drastically reduced the scope of legal aid for many private family law cases, leading to a sharp increase in litigants-in-person (LIPs). This placed additional pressure on judges and court staff, as LIPs often require more time and support to navigate procedures, contributing to longer hearing times.
  • Mid-2010s – Family Justice Review and Reforms: Recommendations from the 2011 Family Justice Review led to the Children and Families Act 2014, which introduced a 26-week statutory timescale for care proceedings, aiming to reduce delays for children. While largely successful in achieving this, it often compressed judicial workloads and increased intensity.
  • Late 2010s – Digital Transformation Initiatives: HMCTS embarked on an ambitious £1 billion modernisation programme, focusing on digitising court processes, introducing online applications, and developing digital case management systems. By 2025/26, many family court processes, such as divorce applications, were largely digital, aiming to streamline administration and free up judicial time for substantive hearings.
  • 2020-2022 – The COVID-19 Pandemic: The pandemic necessitated rapid adaptation, with a significant shift to remote and hybrid hearings. While maintaining access to justice, it also highlighted digital inequalities, created new backlogs, and placed immense pressure on court infrastructure and staff. The recovery efforts post-pandemic focused heavily on increasing judicial capacity and maximising court usage.
  • 2023-2025 – Judicial Recruitment Drives and Resource Allocation: In response to persistent backlogs and rising demand, HMCTS and the Ministry of Justice launched targeted recruitment campaigns for family judges (both district judges and circuit judges) and tribunal judges. Strategic allocation of courtrooms, investment in technology for remote hearings, and initiatives to support judicial wellbeing were also prioritised. The 99,000 sitting days in 2025/26 likely reflect the culmination of these sustained efforts to bolster judicial capacity and operational efficiency.

Supporting Data and Performance Metrics

Beyond the headline sitting days, the annual report is anticipated to provide further crucial data points that paint a more complete picture of the family justice system’s performance in 2025/26:

  • Case Disposals vs. Receipts: This ratio indicates whether the courts are processing cases faster than new ones are being lodged. A healthy system aims for disposal rates that at least match, if not exceed, receipt rates to prevent backlog growth.
  • Average Case Duration: The report will likely detail the average time taken from application to final order for different case types. While public law cases are subject to the 26-week target, private law cases often face longer durations, particularly if they are complex or involve multiple contested hearings.
  • Outstanding Caseloads: The number of cases awaiting resolution at the end of the financial year is a critical measure of backlog. A reduction in this figure would signal progress in tackling delays.
  • Judicial Vacancy Rates and Recruitment Success: Information on the number of filled judicial posts against established needs, and the success of recruitment efforts, provides insight into the long-term sustainability of the system’s capacity.
  • Use of Alternative Dispute Resolution (ADR): Data on the uptake of mediation, conciliation, and other non-court dispute resolution methods will be important. Increased use of ADR can reduce the burden on courts for suitable cases, allowing judicial resources to focus on complex or intractable disputes.
  • Digital Adoption Rates: The report may include metrics on the proportion of applications submitted online, the use of digital bundles, and the prevalence of remote or hybrid hearings, showcasing the impact of the modernisation programme.

Official Responses and Stakeholder Reactions

Upon the release of such a pivotal report, various stakeholders are expected to issue statements and reactions:

  • HMCTS and Ministry of Justice (MoJ): Officials are likely to highlight the 99,000 sitting days as evidence of their unwavering commitment to delivering justice and addressing the significant challenges faced by the family courts. A spokesperson might state, "The dedication of our judiciary and court staff is reflected in these figures. We are committed to continuing our investment in the family justice system, ensuring timely and effective resolutions for families, particularly those in vulnerable circumstances. Our ongoing modernisation programme is pivotal to enhancing efficiency and accessibility." They may also point to specific initiatives that contributed to this output, such as successful judicial recruitment or technological advancements.
  • The Bar Council and The Law Society: Representatives from the legal profession will likely welcome the increased judicial activity but may temper their optimism with calls for further, sustained investment. A spokesperson from the Bar Council might comment, "While 99,000 sitting days is a commendable effort, the pressures on the family courts remain immense. We continue to see the devastating impact of delays on children and families. It is imperative that this level of judicial deployment is maintained and coupled with robust funding for legal aid, to ensure everyone, regardless of their financial means, can access representation and expert advice." The Law Society might also reiterate the need for adequate resources for court staff and ongoing professional development for legal practitioners, ensuring the quality of legal services.
  • Children’s Charities and Family Advocacy Groups: These organisations will likely focus on the impact of court processes on children and vulnerable family members. They might acknowledge efforts to speed up justice but also advocate for increased support services outside the courtroom, early intervention programmes, and greater emphasis on child-centric approaches. A representative might state, "The number of sitting days reflects the scale of disputes families are facing. However, quantity must not overshadow quality. Our priority must always be the welfare of the child, ensuring that court processes are as unintrusive and supportive as possible. We urge further investment in preventative services and therapeutic support to reduce the need for court intervention where possible."
  • Academics and Researchers: Experts in family law and justice policy will analyse the data for trends, effectiveness of reforms, and long-term implications, potentially offering independent critiques or recommendations for future policy direction.

Broader Impact and Implications

The findings of the HMCTS annual report have far-reaching implications for various facets of society and the justice system:

  • For Families and Children: A higher number of sitting days, if effectively utilised, could lead to faster resolution of family disputes. This is crucial for children, who experience time differently from adults, and for families seeking certainty and stability during periods of significant upheaval. Reduced delays can mitigate the emotional and financial strain on individuals involved in court proceedings. However, if the increase in sitting days is solely a response to an ever-growing backlog without addressing root causes, families may still face protracted waits.
  • For the Legal Profession: The sustained high volume of court activity means continued demand for family lawyers, barristers, and supporting legal professionals. This underscores the need for ongoing recruitment, training, and retention within the profession. It also highlights the critical role of continuous professional development (CPD) for lawyers to stay abreast of legislative changes, best practices, and technological advancements, ensuring high-quality representation in a demanding environment. Platforms like Family Law Week, often providing CPD-accredited content, play a vital role in supporting this professional growth.
  • For the Justice System’s Sustainability: Maintaining 99,000 sitting days annually requires substantial investment in judicial salaries, court infrastructure, and administrative support. The report’s findings will inform future budgetary decisions and strategic planning for HMCTS and the MoJ. It raises questions about the long-term sustainability of relying primarily on increased judicial sitting days versus broader systemic reforms, such as enhanced early intervention, robust alternative dispute resolution mechanisms, and simplified court procedures where appropriate.
  • Economic and Social Implications: Delays in the family justice system can have significant economic costs, including increased reliance on welfare benefits for families in limbo, lost productivity, and the financial burden of prolonged legal battles. Socially, the efficiency and fairness of the family courts impact public trust in the justice system and its ability to protect vulnerable citizens. The report’s figures will contribute to the ongoing debate about the adequacy of funding for the justice system as a whole.
  • Digitalisation and Modernisation: The report will likely offer insights into the effectiveness of HMCTS’s digital transformation programme within the family courts. The move towards paperless hearings, online applications, and digital case management aims to enhance efficiency, reduce administrative burdens, and make the court system more accessible. The 99,000 sitting days could also reflect a more efficient use of judicial time enabled by these digital tools, allowing judges to manage more cases or conduct hearings more effectively.

In conclusion, the HMCTS annual report for 2025/26, with its headline figure of 99,000 family sitting days, provides a critical snapshot of the intense activity within England and Wales’s family justice system. While demonstrating a significant commitment of judicial resources to meet demand, the report’s detailed findings will prompt further discussion and analysis regarding the system’s overall health, its capacity to serve families effectively, and the ongoing need for comprehensive reforms to ensure timely, accessible, and child-centric justice for all.