evidence questions

8/8/2019 Evidence Questions

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Call for EvidenceFamily Justice Review

June 2010


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Foreword

The amily justice system is vitally

important. It attempts to resolve

some o the most difcult issues in

our society. It must do so with care

and consideration and commitment.

Its a huge challenge and one that

becomes ever more dicult to meet.

More cases are coming into the courtsystem and they are taking longer to

resolve. This is distressing or amilies

and lie or them can be made worse,

not better. And we are all challenged to

nd ways o doing more with less.

This review was born rom a belie that

we must create a better system. I and

my panel colleagues are determined to

achieve this.

But we also know we cant do this

alone. We want to hear rom everyone

involved in the amily justice system:

children, amilies and proessionals

alike rom all the dierent parts o

the system.

This is why we are launching this call

or evidence. You dont need to be anexpert: we just want to know what

you think and why. This is your chance

to tell us what we can start doing, do

better or stop doing at all.

We are ambitious in what we want to

achieve. Please be ambitious too in

your responses.

We look orward to hearing rom you.

David Norgrove

Chair o the Family Justice Review Panel

Call for Evidence - Family Justice Review

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Call for EvidenceFamily Justice Review

What is theamily justice system?

The amily justice system comprises

a network o organisations and

individuals. At its heart are the children

and amilies who use, and are involved

in the system. Surrounding them are

the agencies and proessionals who

are most directly engaged in resolvingtheir cases. These include: the courts;

local authorities; Cacass and CAFCASS

Cymru; contact activity providers;

amily lawyers; mediators and the

Legal Services Commission. This will

orm the ocus o our Review.

There are o course many other

organisations which may work with

amilies involved in, or potentiallyinvolved in, the amily justice system.

While not directly involved in resolving

a justice issue the work o these

organisations may impact on the core

system. While we wont be scrutinising

their work in the same detail we do

want to consider the relationships

between and impact o these services

upon the core amily justice services

and the amilies who use them.

What is this Review about?

This Review will look at all elements

o the amily justice system. Well be

examining both public and private law

cases. In public law this means looking

at how the courts, with other agencies,

manage cases involving children and

the public care system. In private law

this means well be looking at contactand residence disputes between amily

members. Well also be examining the

processes involved in granting divorces

and awarding ancillary relie1. We wont

be examining the law as it relates to the

grounds or divorce or the amounts o

ancillary relie that should be awarded.

We will look at a wide range o issues.

Ministers have particularly asked us tolook at how better use can be made o

mediation and how best we can provide

greater contact rights to non-resident

parents and grandparents.

The review will also look at how the

dierent parts o the amily justice

system are organised and managed.

This will include considering the roles,

responsibilities, skills and capacity oits workorce.

1. Ancillary relie is an application or fnancial relie alongside (ancillary to) divorce


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Our aim is to propose reorm whichwill establish a system which is simpler,

more cost-eective, timely and just.

At all times we want a system that

protects children and vulnerable

adults2 rom risk o harm.

How will the Review becarried out?

The Review is being led by a panel. Since

starting our work in March 2010 we

have been having introductory meetings

with key partners, reviewing the issues

and developing our plans or our work.

There has o course also been a change

o government since we commenced

work and we have been speaking with

ministers to understand their hopes

or the review. The Government has

asked us to take orward the Coalition

Agreement commitment to increase the

use o mediation when couples break

up, and to look at how best to provide

greater access rights to non-resident

parents and grandparents. The Terms

o Reerence have been rened to

refect this.

It is crucial that the Review is inormed

by the experiences o users and

proessionals in the amily justice

system. Gathering this evidence to

inorm recommendations or reorm

will orm a substantial part o the

Reviews work. A period o intensive

act-nding activity and ormal

evidence hearing sessions will be

carried out over the summer months,

starting with the launch o a callor evidence in June 2010. The call

or evidence will allow us to take

evidence rom everyone involved inthe amily justice system: parents

and children, amilies, proessionals

and representative bodies, regardless

o their level o expertise. We are

particularly interested in hearing rom

children and young people, and will

undertake urther work with childrens

organisations to gather their views.

The Family Justice Review is a joint

review by the Ministry o Justice,

Department or Education, and the

Welsh Assembly Government .The

Panel will produce a report and nal

recommendations or Ministers based

on this evidence in 2011.

How do I respond to the callor evidence?

As this is a wide ranging and complex

subject we have posed lots o

questions. However, you dont need to

answer all o them. Wed recommend

you read all the questions through

and then decide which questions you

have an interest in responding to. Your

response should be no longer than

5,000 words.

Our preerence is or online responses

or ease o analysis. You can respond

via our online questionnaire at www.

justice.gov.uk/reviews/family-justice-

intro.htm. You can also respond by

email tofamilyjusticereview@justice.

gsi.gov.uk.

2. A vulnerable adult is a person aged 18 years or over who may be unable to take care o themselves, or protect themselves romharm or rom being exploited. This may be because they have a mental health problem, a disability, a sensory impairment, are oldand rail, or have some orm o illness.


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I you would like to submit relevantarticles or research to the panel, please

email them tofamilyjusticereview@

justice.gsi.gov.uk or send a hard copy

to the address below with a brie

summary o what you have enclosed.

Family Justice Review

4.23 - 4th Floor

Ministry o Justice

102 Petty France

London

SW1H 9AJ

Please submit responses as soon as

possible and no later than Thursday 30

September 2010.

The Panel intend to use all evidence

submitted in orming their

recommendations. I you would like

your evidence to remain condential or

anonymous, please indicate this in

your response.

Extra copiesFurther paper copies o this

consultation can be obtained rom our

website at www.justice.gov.uk/reviews/

family-justice-intro.htm.

A Welsh version o these questions is

also available rom our website

Alternative ormat versions o this

consultation are available on request

on 020 3334 4200 or

[email protected].


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The Panel would, in particular, welcome evidence and views on the ollowingquestions. Given the broad nature o the Review, respondents should not eelthey need to supply comments or every question, but only those or whichthey have experience:

Overarching issues and the case or changeThe Review Panel would like to hear evidence about the amily justicesystem as a whole. The amily justice system is a vast and complex areawhich helps to resolve wide ranging issues. The impact o the decisions ittakes are amongst the most serious and have the greatest impact on thelives o amilies and children. This rst section asks questions about thesystem as a whole. The sections which ollow ask or your evidence andviews on more specic issues.

1. What does the amily justice system mean to you? What should thepurpose o the amily justice system be? What should not be included inthe amily justice system?

2. What should the role o the state be when dealing with amily-relateddisputes that do not concern the protection o children or vulnerableadults? To what extent should the state und this?

3. How eectively does the current amily justice system meet the needs oits users? For example:

a. Does it have the capacity to deal with all cases comprehensively?b. How could capacity in the system be increased?c. How ecient is the system?d. Does the system ensure equality and diversity?

Questions


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Better courts and alternatives to legal processesCourts play a central role in the amily justice system, and the very natureo amily justice cases means that they oten deal with highly complex andvolatile situations. Families who need to use the courts may be particularlyvulnerable and in need o support and may have little prior experience othe court process. Furthermore, some amilies may nd themselves usingthe courts where there may be more eective alternatives. AlternativeDispute Resolution (ADR) such as mediation and collaborative law haveproved eective or many in resolving issues, and negating the need orcourt involvement. The Review Panel is interested in exploring the strengthsand weaknesses o the current court processes and where these can be

improved. In addition, it would like to understand whether there are someelements o the current system that could be saely resolved outside thecourt arena.

4. Are there areas within the current system where we could adopt a moreinquisitorial approach, whereby the court actively investigates the acts othe case as opposed to an adversarial system where the role o the court isprimarily that o an adjudicator between each side? What are the options,and advantages and disadvantages, or:

a. Private disputes arising rom divorce or separation?b. Public matters, where the state intervenes to ensure the

protection o children?

5. How ar are users able to understand the processes and navigate theamily justice system themselves?

a. Are there clear signposts throughout the system?b. Do users know how and where to access accurate and timely

inormation and advice? Is it readily available?c. What are the options to support/enable people to resolve these

issues without recourse to legal processes?

6. How best can we provide greater contact rights to non-residentparents and grandparents?

7. How eective is alternative dispute resolution (ADR), such as mediation,collaborative law and amily group conerencing? What types/modelso ADR are more eective and or which circumstances? Does this dieraccording to cases? How could we improve it and incentivise its use andwhat saeguards need to be put in place?


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8. To what extent do issues around enorceability o court orders motivatedecisions to go to court? To what extent does it aect decisions withinand outcomes o cases?

9. Are there elements o cases which could be considered outside o acourt setting and i so by whom? For what type o cases would this beappropriate and what sort o settings might be suitable alternatives?What are the benets and disadvantages?

10. Would adding a triage stage, whereby cases are assessed as to theappropriate course o action, make the system more ecient; i.e. byspeeding processes up, ensuring resource could be allocated appropriatelyetc? In what areas might this be appropriate?

Governance and managementThe amily justice system encompasses a large number o dierentorganisations and individuals e.g. the judiciary, legal practitioners, socialworkers, Cacass guardians, experts, administrators, IROs and court sta.Activity starts beore cases reach the court arena and oten extends wellbeyond the conclusion o a case in court. Eective case resolution andgood outcomes or children and amilies depends on ecient running othe system and strong partnership working amongst all those involved. Inour review we want to look at the dierent responsibilities o each o thedierent parts o the FJS.

11. Do you think the amily justice system is well organised and managed?What are the strengths and weaknesses o the current governance andmanagement structures? Who should take responsibility or the decision-making process? Who should be responsible or the administrativerunning o the system?

12. What systems issues are there? Eg. how could things like IT, ling andadministrative processes be improved?

13. Who should take ownership o cases when they are in the amily justicesystem? Who is the case manager? And at which point do and should theyrelinquish responsibility?

14. How can we ensure that there is sucient and appropriate accountabilitythroughout the system?


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15. How well do dierent organisations/partners in the amily justice systemcommunicate, share inormation and work together to resolve cases?

16. How clear are the dierent roles and responsibilities o those whoare involved in the amily justice system (such as the judiciary, legalpractitioners, social workers, Cacass ocers, expert witnesses,administrators, IROs, court sta)? Are all these roles necessary?How eectively are these roles ullled?

Finance and undingWe are all acutely aware that savings in public expenditure must be ound. TheFamily Justice System will not be exempt rom the need to examine careully theamount o unding supplied to the system, and how it is applied. The Review willneed to consider, as part o its work, how amily justice can be delivered better ina less costly way

17. Where do you think there is scope to make eciency savings within theamily justice system?

18.

What improvements to unding arrangements and mechanisms could

be made?

Workorce developmentThe amily justice system is made up rom practitioners rom a wide rangeo proessional areas, and is not limited to those who work within courts ona daily basis. Work undertaken in amily law is oten complex, sensitive and

judgement based, requiring highly skilled and condent practitioners.

19. Please tell us about your role in the amily justice system. What valuedoes this add to the amily justice system?

20. What qualications and experience should be required or the dierentroles o those who work in the amily justice system? What should beincluded in initial training and continuous proessional development?

21. Are there sucient perormance management and eedback mechanismsthroughout the system as a whole?

A more user riendly and child ocused system

Ensuring that the amily justice system remains ocussed on the needs o thechildren and amilies who use it is a clear priority or us. We want to ensurethat children and vulnerable adults are protected rom harm. We also want tominimise distress and confict wherever possible.


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22. How could the system be improved to ensure it meets the needs o usersand secures positive outcomes or children?

23. How can we ensure sucient protection is aorded to vulnerable adultsthrough the system?

24. In what types o cases is it important to hear the voice o the child toassist with decision making? How should the childs voice be heard in theamily justice system?

25. How eective are Cacass and CAFCASS Cymru? What should their roleand remit be in the uture?

And fnally

26. What has guided your response to the questions posed above, e.g. personalexperience, eedback rom the public, specic research or evidence?

27. What can be learned rom the way in which other sectors work whichcould be transerred to the amily justice system?

28. Do you know o any good and innovative practice in the UK that theReview Panel should consider? What wider services could be tapped into(especially in the childrens sector) to support the amily justice system?

29. Is there anything we can learn rom international examples?

30. What question would you have liked us to ask that we havent posed andwhat would your response be?

The Panel recognises that the questions posed in this document cannot ullycover every aspect o the amily justice system. We welcome any urtherinormation and evidence that you eel relevant to the review.


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