Evidence Questions
Transcript of 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
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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
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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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MoJ 06/10 Crown CopyrightProduced June 2010Printed on paper comprising a minimum o 75% post consumer waste
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