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Family justice system “lags far behind” other public services in terms of data availability and quality, Nuffield FJO warns

While professionals are working to improve data and its supporting infrastructure, the family justice system “lags far behind” other public services in terms of data availability and quality, a report by the Nuffield Family Justice Observatory (NFJO) has claimed.

The briefing paper, published today (29 October), is in response to the publication of an independent family justice data mapping exercise, commissioned by the President of the Family Division, which highlighted key issues about data availability.

The NFJO warned that the family justice system has been described as “operating in the dark” - with “fundamental” data problems including a fragmented system of data owners and users, and significant data gaps.

The report observed that information about the lives of children and their families after proceedings are completed is “too often” lacking.

The NFJO said: “We do not know whether decisions made by the family court are genuinely in children’s interests because we do not routinely measure their long-term outcomes.

“Judges get almost no feedback about the decisions they have made and consequently we have no information about whether the interventions made (or not made) in family courts make children’s lives better.”

Highlighting opportunities for improvement, the NFJO made the following four recommendations for the family justice system: 

  • The Ministry of Justice oversees a data improvement plan or data strategy - the key is a plan with a cross-agency approach, focusing on improving data in the family court, with appropriate resources and funding.
  • Fostering a culture of transparency - the family justice system should publish more aggregate data to support the principles of transparency and open justice.
  • Strengthening data governance – Several groups are already in place where policymakers, government, Cafcass and HMCTS analysts meet to discuss data improvement activities. However, current arrangements could be improved, particularly around routine engagement with different professionals, and individuals and organisations who would benefit from using data about the family justice system.
  • Public engagement about data collection, linking and sharing - Public attitudes around different uses of their data should be understood to guide decisions about data collection, linking and sharing.

The NFJO concluded: “We need resourced actions that lead to better family justice data so we can understand and improve the experiences and outcomes of the children and adults involved in family proceedings.”

Lottie Winson