Sir Mark Potter: President of Family Division highlights escalating work-load


A shortage of specialist legal advisers in the Family Proceedings Court (FPC) is the most immediate problem the family justice system needs to address, the top family judge in England and Wales said this week.



In an exclusive interview with the Gazette, Sir Mark Potter said the work-load of the family courts had grown, in particular as a result of increases in the amount of public law care proceedings, the number of litigants in person, and cases involving members of immigrant communities.



When coupled with a lack of resources, this had put the family justice system under strain and caused lengthy delays, he admitted.



Sir Mark, the president of the Family Division, claimed these problems would continue unless there are more judges, more court space, and more judge days.



He said: 'Since there is no intention to increase the number of judges, and money is not being made available for the payment of deputies, the only place where there is spare capacity, coupled with a willingness to engage, is in the FPC, to whom a lot of less complex work could be directed.'



Sir Mark said this would necessitate the increasing specialisation of family magistrates, and a general overhaul of the system over the next couple of years to improve the distribution of work.



'In this respect, a shortage of specialist legal advisers in the FPCs is the most immediate problem to be resolved,' he said.



Sir Mark added that the new family law framework - which seeks to improve judicial case management, case allocation, and procedure - is intended to tackle the challenges faced by the courts.



Part of the framework, which has been approved by the Lord Chancellor, Lord Falconer, will be informed by four judicial initiatives in Portsmouth, London, Liverpool and Cardiff.



See also Taking the Strain (under Features)



Catherine Baksi