4.1 The benefits and limitations of problem-solving and adversarial courts

In 2016, Professor Judith Harwin and colleagues published a report that explored outcomes of involvement in FDAC for families. Some of the findings in the report are set out below:

It could be argued that the figures – 46% of mothers reduced substance misuse, compared with 30% in adversarial proceedings, and 37% of families were reunited compared with 25% in adversarial proceedings – show an important difference in terms of the individuals affected. Indeed, small changes in improved outcomes can often mean substantial government savings and a range of improved life circumstances for the families involved. Improving these circumstances can lead to future benefits for the families directly and for society at large, when the children involved go on to have a better quality of life and improved life chances.

However, as you might also note, although FDACs appear to offer improved outcomes, they don’t always lead to successful outcomes. Thus, although it could be argued that the FDAC might be more successful than adversarial courts in terms of these outcomes, they aren’t perfect.

In addition to Harwin et al.’s findings, it is possible to consider the financial costs and benefits of FDAC, compared with traditional family court proceedings. In their report ‘Better Courts: the Financial Impact of the London Family Drug and Alcohol Court’, Neil Reeder and Stephen Whitehead explore these costs and financial savings. They provide a detailed breakdown of costs and benefits, such as costs relating to substance misuse treatment, as well as savings such as reduced costs to the criminal justice system. They suggest that overall, whilst FDAC costs were £15,115, FDAC also saved £30,955 compared to traditional proceedings (Reeder and Whitehead, 2016). Therefore, it is claimed that FDAC saves more than it costs, when compared with traditional family court proceedings.