‘The forgotten 10%’: private family law cases involving non-parents

This project will investigate the circumstances, experiences, and perspectives of children, families, and professionals in private law cases involving non-parents.

Why this project is important

Important decisions are made every day in the family courts about where children live and who they spend time with. Around 90% of private family law cases are between two parents. The other 10% involve one or more adults who are not the child’s parent, such as grandparents, aunts/uncles, and siblings.

This ‘forgotten 10%’ have been overlooked in policy and family justice reform. Recent research, funded by the Nuffield Family Justice Observatory, found around 6,500 children and 14,000 adults are involved in ‘non-parent applications’ each year in England and Wales.

What it will involve

This unique study, in collaboration with leading charities Kinship and Families in Harmony, will bring the forgotten 10% into the spotlight. The research team aim to:

• Identify evidence gaps relating to non-parent cases.
• Describe the circumstances surrounding non-parent cases.
• Explore how the family justice system responds to the needs of families involved.
• Understand stakeholders’ perspectives and experiences of non-parent cases.
• Build research expertise within lived-experience organisations.

The research will be completed in three stages:

1. Conducting a scoping review to explore existing knowledge and identify gaps.
2. Performing an in-depth casefile study to gather qualitative and quantitative data.
3. Collecting stakeholder perspectives through interviews and focus groups.

How it will make a difference

Findings will be shared with the judiciary, policymakers, practitioners, and lived-experience organisations. Stakeholders will be involved throughout the research, with opportunities for consultation where appropriate. Dissemination activities will include the production of policy briefings, evidence briefings, a roundtable event with key stakeholders, inter-agency seminars, a toolkit of research outputs, and recommendations for policy and practice reform.