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Inequalities

What impact do inequalities have on the experiences and outcomes of children and families in the family justice system?

Our aim is to use data and evidence to identify inequalities relating to ethnicity, geography, income, disability and other characteristics, to understand how they affect people’s experiences of the family court and to encourage the family justice system to take action to address them.

Why do we see disproportionate numbers of children from ethnic minority groups in care?

Why we need research into inequalities


Recognising and responding to all inequalities is vital for a fair and effective family justice system.

There is a growing recognition and acceptance that there are deep inequalities related to ethnicity in children’s social care.

A lack of access to good quality data about the ethnicity of children and adults in the family justice system has been, and continues to be, a barrier to understanding how various children and families experience the system. Although significant progress has been made in recent years by Cafcass, we know that the recording of ethnicity data is beset by challenges, and that data linkage is needed to help improve access to reliable ethnicity information. Qualitative research, and listening to those with lived experience, is another vital step in improving our understanding of what is happening within the family justice system.

We know that there is a long way to go and that more needs to be done to recognise and respond to the needs of children and adults through an ethnicity lens.

What we are doing


  • Preliminary Nuffield FJO analyses of the Cafcass ethnicity data for England and Wales show disparities between the proportions of different ethnic groups appearing in both public and private law proceedings compared to the general population – echoing previous studies – and variation in diversity across regions. 
  • Our deeper analysis of the ethnic composition of children in care and supervision proceedings in England examined – for the first time differences in the demographic characteristics of children of different ethnicities in care proceedings; legal outcomes for those children; how long it takes to get to a final order; where children are living; and whether parents come back to court after the final order is made.  
  • Our research into the health vulnerabilities of parents in care proceedings in Wales by the Family Justice Data Partnership found that parents had higher use of both routine and emergency healthcare and were more likely to experience poor mental health, substance use and injury-related conditions compared to a comparison group of parents not involved in care proceedings. 
  • We used published data to follow a child’s journey through the family justice system – before court, through court proceedings, and after court – to show that ethnic disparities exist across the spectrum. In the paper we highlight substantial and important gaps in the published evidence at each stage which we hope will inspire curiosity and reflection, as well as stimulate further research in this area. 
  • Nuffield FJO has been convening the Anti Racist Family Justice Network, bringing together a wide coalition of groups and individuals with a focus on the promotion of anti racist initiatives across family justice. 

Explore our research on inequalities

Resource

Inequalities | 2023

How might our ethnicity affect our experience of the family justice system?

This paper presents some important findings relating to ethnicity and the family justice system in relation to both public and private family law. By following a child’s journey through the family justice system – before court, through court proceedings, and after court – we show that ethnic disparities exist across the spectrum.

Resource type

Spotlight
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Inequalities | 2023

Ethnicity of children in care and supervision proceedings in England

The aim of this briefing paper is to increase awareness of inequalities that exist across ethnic groups in the family justice system and how we can monitor and measure this using data.

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Inequalities | 2022

Briefing Packs: What do we know about ethnicity in the family justice system?

These short briefing packs have been created to give those working in the family justice system a summary of the ethnic diversity of adults and children in England and Wales in public and private law cases. They are designed to inform thinking and reflection in this area. The reports these…

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Resource

Inequalities | 2022

What do we know about ethnic diversity in the family justice system in Wales?

The objectives of this study by the Family Justice Data Partnership – a collaboration between Lancaster University and Swansea University – were to: produce an overview of the ethnic diversity of children and adults in public and private law cases in Wales consider, against the national picture, whether particular…

Methodology

National administrative data
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Inequalities | 2022

What do we know about ethnicity in the family justice system in England?

Over the last five years, the Children and Family Court Advisory Service for England (Cafcass) has made a considerable effort to improve the recording, analysis and reporting of a range of diversity characteristics, including ethnicity, which has been identified as an important first step in better understanding the diversity…

Methodology

National administrative data
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Infographic

What do we know about children in the family justice system?

Our infographic pulls together what we know, and what we don’t know, about children’s journeys through the family justice system from national data.

Profile