Supplementary evidence from the Ministry
of Justice (FC 60)
AVERAGE DURATION
OF DIVORCE
CASES WHEN
PARTIES REPRESENTED/UNREPRESENTED
1. During his evidence giving at the select
committee session yesterday morning, the Minister stated "HMCS
management information shows that in 2009-10, divorce cases where
both parties were represented took over 50% longer on average
than those where neither were represented." The Committee
asked for more information on this.
2. This information was based on that set
out in a written response to Simon Hart MP on 13 December (see
Annex A, below). This shows that the mean duration of divorce
cases was 34.1 weeks where neither party was represented, and
55.7 weeks where both parties were represented (an increase of
around 63%).
3. This information should be treated carefully.
It does not demonstrate a causal link between representation and
case duration. It may be that a case where both parties are unrepresented
is simpler, for example.
4. It is also important to note that "divorce"
is being used in the legal sense of the dissolution of a marriage,
and not the colloquial sense of including the issues that might
arise from divorce, such as child contact. These latter cases
are covered under the "Private Law" heading in the figures
below.
5. The data is subject to a number
of other issues which should be borne in mind when drawing inferences
from the figures, and as a result should be treated with
caution. Many of these were highlighted in the original PQ reply.
For example, the statistics are simply based on whether or
not the case management information system has details recorded
of a legal representative for the parties in these cases; the
absence of information being recorded does not necessarily mean
a party has represented themselves; the recording of such
details does not mean that a party did not represent themselves
at some stage(s) in the process. The statistics cover
only cases dealt with at the High Court and county courts
and do not include cases dealt with at Family Proceedings Courts
(although for divorce cases specifically the vast majority are
dealt with in the former two courts). More generally, all
family court statistics carry the limitations associated
with management information sources.
6. This said, we can safely assert that
the data as it stands does not support the proposition
that cases where parties are unrepresented take longer than those
with representation (especially where both parties are unrepresented).
7. The Department will seek to further analyse
this data, along with conducting the review of existing published
research on litigants in person and analysing the information
from the case file review which the Secretary of State referenced
in his letter of 27 January to the Committee. This evidence will
contribute to the analysis in the final Impact Assessments due
to be published alongside the legal aid consultation response
in spring 2011. There will also be a post-implementation review
of any reforms.
Annex A
FAMILY COURTS
Simon Hart: To ask the
Secretary of State for Justice what assessment he has made of
the effect on the average length of time a case is in the family
courts of litigants choosing to represent themselves; and if he
will make a treatment. [29691]
Mr Djanogly: The Ministry
of Justice has not made an assessment of the effects on the average
length of time a case takes in the family courts of litigants
choosing to represent themselves.
We do have information on whether or not the applicant(s)
and respondent(s) in the case had a legal representative. It should
be noted that parties without a recorded representative are not
necessarily litigants in person.
The following table gives details of the average
durations of family cases completed in the financial year 2009-10,
split by case type and by whether or not the applicant(s) and
respondent(s) in the case had a legal representative.
Figures are only given for the High Court and the
county courts as information is not available for all Family Proceedings
courts. The High Court and county courts hear almost all divorce
cases, about 25% of all public law cases and about 80% of all
private law cases.
Average duration of cases completed in
county courts or the High Court in England and Wales
between 1 April 2009 and 31 March 2010, by legal representation
| Divorce
| Public law
| Private law
|
| Legal representative | Mean duration (weeks)
| Number of decrees absolute | Mean duration (weeks)
| Number of orders | Mean duration (weeks)
| Number of orders |
| Both applicant and respondent | 55.7
| 40,088 | 54.5 | 680
| 37.8 | 23,738 |
| Applicant only | 44.6 | 44,904
| 36.5 | 46 | 27.9
| 9,280 |
| Respondent only | 59.7 | 2,707
| 56.2 | 2,575 | 44.7
| 3,573 |
| Neither applicant nor respondent | 34.1
| 28,796 | 34.1 | 81
| 38.6 | 2,710 |
Notes:
Figures are given where the applicant/respondent's representative
has been recorded or left blank. Therefore, it should be noted
that parties without a recorded representative are not necessarily
litigants in person.
Divorce:
1. Figures include dissolutions of marriage or civil partnership
and annulments of marriage or civil partnership.
2. The duration is calculated from the earliest recorded petition
date to the earliest recorded decree absolute date.
3. Figures exclude cases where there is no record of a petition
and cases where the decree absolute date is before the petition.
4. Time from petition to decree absolute may be affected by the
time it takes the applicant to apply for the decree absolute once
the decree nisi (first order) has been issued. In normal circumstances
the applicant may apply for the decree absolute six weeks after
the decree nisi has been issued, but (s)he may choose to wait
longer than this.
5. The mean is the total of all of the durations, divided by the
number of decrees absolute.
Public and Private Law:
1. Private law refers to cases brought under the Children Act
1989 where two or more individuals, usually separated parents,
are trying to resolve a private dispute about their child(ren).
Public law refers to child welfare cases where a local authority,
or other authorised person, is stepping in to protect a child
from harm or neglect.
2. Private law includes cases where a section 8 order (contact,
residence, prohibited steps, specific issue) was made or where
a parental responsibility order was made. Public law includes
cases where a care order or a supervision order was made. This
does not necessarily mean that these were the orders applied for.
3. The durations in both case types are calculated from the earliest
application date (or the date the case was transferred in to the
court if that is earlier) to the date of the order event.
4. A case is defined as applicant represented if at least one
applicant in the case has a recorded representative. Similarly
with respondents.
5. The mean is the total of all of the durations, divided by the
number of orders.
Source: HMCS FamilyMan system
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