Family Law Awards
Posted on | April 20, 2012 | No Comments
The deadline to submit a nomination for this year’s Family Law Awards is 4 May 2012. Submit your nomination now through the Family Law Awards website.
The awards ceremony will be held on 10 October 2012 at the prestigious London Hilton hotel on Park Lane, Mayfair.
The number of awards available to win this year has almost doubled from 8 to 15. There are now three award categories for barristers and solicitors respectively to reflect their seniority: partner, associate, and young solicitors, and; QC, junior, and young barristers. We have also added another three awards: International Family Lawyer of the Year, Family Law Legal Executive of the Year, and Family Pro Bono Lawyer of the year.
The awards were set up to highlight the important work done by family lawyers whilst bringing the whole profession together for an enjoyable evening.
The shortlist and winners will be chosen by a judging panel made up of the heads of the three family law practitioners’ associations, ie the Family Law Bar Association, Resolution and the Association of Lawyers for Children, along with Family Law editors and publishing executives.
STUDY DISPUTES INDEPENDENT SOCIAL WORKERS CAUSE DELAYS IN FAMILY COURTS
Posted on | April 19, 2012 | 3 Comments
Some important new research is being launched today, conducted by Dr Julia Brophy at Oxford. It’s not yet visible on the Oxford website but Family Law say the following:
New research published today from Oxford University claims that delays could be reduced in family courts by the earlier appointment of independent social work experts (ISWs).
The research was commissioned by the Confederation of Independent Social Work Agencies last July in response to mounting criticisms of the work of ISWs which led to the Legal Services Commission’s decision to cap ISW fees at a rate lower than other professional experts. The Family Justice Review was also persuaded by these criticisms and the Government accepted its recommendations that the use of ISWs should be exceptional.
Typically, ISWs have been criticised for causing delay, duplicating or ‘checking’ the work of local authority social workers and for producing poor reports.
However the Oxford study examined ISWs reports and found that they added value in cases of high complexity. The researchers found that the reports provided transparent, forensic, evidence-based assessments which gave clarity around complex issues, supporting better welfare decision-making for children and families within Family Courts.
John Simmonds, Director of Policy, Research and Development at the British Association for Adoption and Fostering (BAAF) commented: “The research from Oxford University provides real insight into this work and a positive perspective on the professionalism of the social workers. It is clear that there needs to be a re-evaluation of the negative picture that is currently driving reform. This must include a robust evaluation of what is at danger of being lost to court processes that make life changing decisions on the future of children.”
The research was conducted by Dr Julia Brophy and her colleagues at the Department of Social Policy and Intervention at Oxford University and the findings from the first stage are published in their report: The Contribution Of Experts In Care Proceedings: Evaluation Of The Work Of Independent Social Work Assessments.
I’m Literally Pink Tape right down to my toes
Posted on | April 19, 2012 | 13 Comments
Oh yes, that is a LEGITIMATE hyperbolic use of “LITERALLY”…
You can’t say I don’t treat this blog seriously…I’m a walking advert thanks to my genius idea to let the 4 year old choose the colour of my cast. But walking advert is far better than the graceless hopping person I’ve been all week. THIS is a “walking cast” (who knew?). Well, it’s more of an awkward hobble cast but I’m not picky.
I’m planning to use this image on my 404 page to illustrate the “Oops something’s broken on Pink Tape” message. Just as soon as I can work out the tech…
In the meantime, I’m off to put my foot up, from where I will await the stream of pink tape / fracture related jokes unfurl….(can a stream unfurl?)
(And before you ask it’s a suspected fractured cuboid plus bad sprain – that’s a tarsal y’know – and I didn’t do it performing any more exciting activity than walking at a reasonable pace on a flat pavement).
Next week : 4 year old artwork to go with my court dress… Forget gravitas. Life’s too short.
FJC Distances Itself from Experts Report
Posted on | April 19, 2012 | 6 Comments
The letter below has just appeared in my inbox. It answers some of the questions I had been pondering, and a few I hadn’t thought of.
For ease of reference other relevant reading on this blog can be found here: Experts in Family Courts, Experts Upon Experts, and Experts, the Press and a Sloppy Approach to Evidence Based Reporting.
Experts in Family Courts
Posted on | April 17, 2012 | 21 Comments
I don’t subscribe to The Times, but whilst waiting for my taxi to court yesterday I came across [a letter in*] yesterday’s edition from Psychologist Sam Westmacott:
Sir,
Professor Jane Ireland shocked psychologists when she published her research on expert witnesses (“The shocking tale of a mother seeking help” Camilla Cavendish, Opinion, Apr 12). Her data remains secret and un-reviewed. Normally, research is considered by other scientists who check that the conclusions drawn are based on sound evidence. Professor Ireland could not publish in an academic journal without that review. She wrote an article for a newspaper and made her claims on television.
Her claims were of profound concern to those of us working in the family courts and even more alarming for the families we assess. Her core claim that a fifth of psychologists working as expert witnesses were unqualified was not proven by the evidence in her report.
She made the claim on the basis of the qualifications printed in each expert report. The authors were not contacted by the researchers to establish whether they met her stated criteria of membership of the British Psychological Society (BPS), registration with the Health Professions Council (HPC) and further training beyond their basic qualification.
I and many psychologists publish a short-form CV in expert witness reports. On that alone, I would be consigned to the unqualified fifth, although I am a member of the BPS, registered with the HPC, and have a range of additional qualifications. How many of that fifth were wrongly identified?
Sam Westmacott, Watchet, Somerset.
Other relevant reading on this blog: Experts Upon Experts, and Experts, the Press and a Sloppy Approach to Evidence Based Reporting.
*typographical error corrected 17/4/12
UPDATE 18/04/12: The following relevant authority in which Dr Westmacott is named has been drawn to my attention: L (children), Re [2006] EWCA Civ 1282.
s91(14) Again
Posted on | April 14, 2012 | 11 Comments
I wrote an article a while ago for Family Law Week about s91(14). There’s been another s91(14) case recently, once again a successful appeal against the making of a s91(14) order. You can read the article here and about the recent case of M (A Child) [2012] EWCA Civ 446 here on Family Lore.
The Ethics of Friending
Posted on | April 13, 2012 | 7 Comments
The Bar : meet Social Media…Social Media : meet The Bar. How doo you doo? *whispers – don’t shake hands whatever you do!*
The blogging bar is small but has grown exponentially since I struck out almost alone in 2007, to the snooty derision of certain colleagues. Even those members of the bar who still rely on a typing service rather than their own fingertips are beginning to pop up on Linkedin, no doubt prompted (dragged) by more savvy clerks and Chambers CEOs. And a reasonable few are embracing twitter, or at least taking a curious peek at it from the sidelines. Appropriate caution and a bit of healthy skepticism are one thing, but what of the ethical dimension? There are plenty of rules of conduct that apply to social media generally, and a lack of regard to these can result in a twitter storm or unpleasant trolling incident for the naive or ill prepared, but above and beyond this – are there ethical considerations particular to the bar? I think there are. And I don’t think that we have thunk them through enough just yet.
Client confidentiality is an obvious one (and for family lawyers contempt of court arising from the privacy of proceedings). It’s been dealt with before (e.g. here) and I won’t rehearse it here but it’s pretty fundamental and it one that a surprising number of lawyers on twitter seem to get wrong. What you tweet or blog may be anonymous to most people, but will it be unidentifiable to your client, your opponent, the other party or the judge who sees what you’ve posted, with your location visible? There are judgment calls to be made all the time when we blog about real clients and real cases.
And as the Geeklawyer episode recently demonstrated it is possible for tweets to bring the profession into disrepute (although the Geeklawyer case was about more than just conduct by tweeting). Whilst most people with a pinch of common sense don’t get too twisty or hysterical about a poorly judged tweet, twitter is full of people without such common sense who thrive on frenzied and immediate overreaction. So it pays to be careful. It is possible to libel, offend, harass or commit a criminal offence all in 140 characters or less. Read more
Experts upon Experts
Posted on | April 12, 2012 | 15 Comments
It’s been a few weeks since the Ireland report regarding expert evidence in family proceedings was published. Apologies for not getting to it before. It coincided of course with a rash of articles about George Hibbert, one such expert who is the subject of outstanding complaints and disciplinary proceedings. I wrote about the George Hibbert coverage here.
Before we look at the substance of the report it’s worth giving some consideration to how it came to be written in the first place. The first reference I can find to it is in the Family Justice Review, who seem to have received a draft copy of the report. The FJR report says:
3.142.A report to be published shortly by the Family Justice Council has examined the quality of expert psychologist reports in a sample of private and public cases. It points to serious issues both with the quality of reports and the qualifications of those carrying them out. We are not surprised in view of the concerns we heard expressed throughout our work about the quality of reports generally. We recommend that studies of the expert witness reports supplied by various professions be commissioned by the Interim Board, subsequently the Family Justice Service.
3.143.Agreed quality standards for experts in the family courts are clearly needed and we recommend that they should be developed. The FJS should lead this work. Meeting the standards could be a requirement for payments to be approved by the LSC. Criteria could include adherence to set timescales, membership of appropriate professional bodies and completion of specified court focused training, peer review and continuing professional development.
That was November 11, but the report was actually only published in mid March 12. It appears to have been part-funded by the Family Justice Council but published by the University of Central Lancashire. Read more
Family Justice Narratives : No. 4
Posted on | April 11, 2012 | 4 Comments
This is the fourth of the Family Justice Narratives. You can find out what the Family Justice Narratives are all about and how to get involved here.
NARRATIVE NO 4 : Anonymous Guardian
Naturally, it has taken some time to get down to writing this, despite my best intentions. It’s an excellent idea and I look forward to reading all the narratives. I rarely meet colleagues who work in the Family Justice system who are not committed and passionate about what we all try to do.
I’ve been working in Child Protection for 32 years and have been an employed Guardian for the last 10 years. I am filled, like all of us, with trepidation for the future of Family Justice and the impact it will have on the children who deserve the best possible protection, in every sense of the word.
I love the job when I am able to do it properly. It is a privilege to bear witness to people’s painful stories but also their courage, humour, warmth and resilience. It is a joy to form meaningful relationships with children and it is deeply rewarding to know that, sometimes, I really do make a difference
It is frustrating not to be able to do the job to the best of my ability because of the sheer volume of families. I hate the restrictions this places on me and the fears that accompany that. I mourn the days when I could write a comprehensive Final Report that could stand alone and provide a young person with an understanding of how and why decisions were made on their behalf. I loathe cutting corners, being cursory and not being able to develop relationships which can encourage reflection and sometimes, change. I am determined not to become a ‘lazy’ Guardian, not seeing children, or agreeing with the LA because it is easier. But this all means working longer hours than I have ever done in my career and that involves collateral damage.
My Ex is Amazing
Posted on | April 10, 2012 | 4 Comments
A long long time ago and in a different life I had a boyfriend called Richie. Richie and I met at University. He liked to live life to the full and endlessly entertained us all the way through Uni until we graduated and went off to try and be grown-ups. Eventually living life to the full meant going to Oz for a gap year, while I carried on with my rather self-absorbed and entirely misguided ambitions to be “an academic” (I got rather easily put off by a nasty brush with Kant, side-tracked by the student union, and seduced by the job title “President” and a salaried sabbatical – but that’s another story which ends with a Yank for a husband and a career at the bar). As was always entirely predictable (although not at the time) we went our separate ways and we are now both happily married. But we did have a blast back then. And although its been 15 years since we were all at Uni and in Richie’s thrall, we all still keep in touch and meet up when we can (kids, careers, illness and motorways permitting). And Richie is in many ways still the linchpin that keeps us all together.
Yes, everybody loves Richieboy (including my husband). So I’d like to share him with you.
Richie has leukaemia. Or he did. Except that he likes to live life to the full and, after a bit of a gap year (spent mainly in hospital), he’s back and even more determined to live that life he has worked so hard to keep. And now he’s in training.
In May Richie will be walking the London Marathon to raise money for the Anthony Nolan Trust, a charity that provides stem cell donors for people like Richie. Richie’s donor came via the Anthony Nolan Trust and he probably saved his life.
Our Richieboy has raised almost £8,000 so far. Richie’s brother Chris is running the Marathon and Mrs Richieboy (Rosie) is going to be there to support him (I’m picturing bucket of oranges, bottles of water and a towel).
I’ve got four requests for those of you who have read this far (for which, my thanks):
- Please circulate this post to anyone you know with deep pockets – or tweet it
- Make a donation if you can (Just Giving or text PLUC50 £1, £2, £5 or £10 to 70070)
- Consider joining the Anthony Nolan stem cell donation register (I’ve done it – you just have to spit in a pot and fill in a form)
- Tell Richie how amazing he is and wish him luck. (@pluckyrich)
I don’t usually use this blog to make appeals for charidees. But what’s the point in having ex-girlfriends if you can’t tap ‘em for a free blog post now and again?
Go Pluckyrich! xxx
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