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New analysis from the Nuffield Family Justice Observatory highlights a marked increase in private law family court applications during 2025, alongside continued stability in public law case volumes.
According to the latest data from the Ministry of Justice (MoJ), private law applications, typically involving disputes between parents over child arrangements, rose at the fastest rate seen in the past decade. While overall demand in the family courts has fluctuated over time, the increase represents a return to levels last seen immediately prior to the COVID-19 pandemic.
In contrast, public law cases, which involve state intervention in the care of children, have remained broadly steady. Annual applications have continued to sit within the range observed over the past ten years, with care orders remaining the most common form of application.
Despite the rise in private law cases, there is no immediate indication that this has lengthened proceedings. The average duration of public law cases has continued to fall, reaching 37.5 weeks, the lowest level since 2020, with 38% of cases concluding within the 26-week statutory timeframe. Trends in private law case duration are less clear following a pause in the publication of that data due to quality concerns.
The Observatory cautions against attributing the increase in private law applications to a single cause. Demographic factors appear unlikely to be the primary driver, with birth rates declining according to the Office for National Statistics and levels of family separation remaining relatively stable, based on data from the Department for Work and Pensions.
Instead, a combination of factors is likely to be contributing. These include broader social pressures, such as the cost-of-living crisis and reduced availability of early support services, which may previously have helped families resolve disputes outside the court system. The Observatory also notes emerging suggestions that technological developments, including the use of AI tools, may be influencing decision-making by encouraging individuals to pursue formal legal remedies.
Wider trends across the justice system reinforce the picture of increasing reliance on courts and tribunals for resolving family-related issues. Child support tribunal cases rose by 30% in 2024–25, while special educational needs and disabilities (SEND) tribunals have increased by nearly 80% over the past two years, indicating growing demand for formal dispute resolution mechanisms.
Looking at longer-term patterns, private law applications have historically shown greater volatility than public law. Since 2011, they have exceeded 55,000 annually on three occasions: prior to the introduction of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, immediately before the pandemic, and again in 2025.
Public law applications, by contrast, have declined from a peak in 2016, although the number of children in care has continued to rise. This is partly attributed to increased use of voluntary arrangements outside court proceedings and longer durations in care placements.
The Observatory concludes that it is too early to determine whether the current rise in private law cases represents a sustained trend. Ongoing reforms, including the rollout of child-focused court models, may influence future demand, underscoring the need for continued monitoring of the system.
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