Judge Dread – The Future

The Family Justice Review is calling for written evidence by the end of September (see here). Anyone who is considering submitting a response should consider this: at the recent oral evidence session I attended with other lawyers, the panel were asking serious and reaching questions about the extent to which the courts needed to be [...]

It’s Carnage Out There In The Desert

LAG reports on the slashing of the numbers of legal aid solicitors up and down the country as a result of the tendering process – from 2400 to 1300 in one fell swoop. It’s pretty disastrous. I understand that there are now only approximately 5 firms in the whole of Cornwall able to undertake family [...]

Guarding the voice of children

Joint Position Statement from the Interdisciplinary Alliance for Children on CAFCASS working practices on the NAGALRO website (click on latest news in left hand menu, doc is currently 2nd item down in list). Nagalro and ALC have written to Anthony Douglas (CEO CAFCASS) to notify him that they will be advising their members not to [...]

Super Supreme – Slicing the Pizza

The Guardian today reports that the Supreme Court would have to close if it were to face a 40% cut in spending. The Chief Executive said yesterday on the first anniversary of the court: ‘As 62% of our costs are genuinely fixed, a 40% cut causes us some problems. We couldn’t actually deal with any [...]

Potter Mouth

Mark Potter, recently departed former President of the Family Division has spoken out at his concern about the strains on the system, saying that children are in danger as a result. The Guardian reports his first interview since leaving office.

Contact Activities – the big giveaway!

Contact Activity Directions – remember them? Yes, the little used Contact Activity provisions have received a bit of a boost as of 1 April: they are now provided free of charge to any parent ordered to attend such an activity. . Previously, you will recall (or perhaps not): parents who were eligible for public funding [...]

Official Slow-icitor

Yet another facet of the system is creaking under the caseload: I am reliably informed that the Official Solicitor has written to family law practitioners to inform them that his staff is unable to accept new instructions to act as a guardian ad litem or litigation friend without some delay. In recent months there has [...]

ISWs throw in the towel

Community Care reports on the prospect of Independent Social Workers quitting over the fees cap to be introduced by the LSC in October. What the article fails to disentangle (in fact it rather adds to the confusion) is the distinction between ISWs contracted by CAFCASS on a self employed basis to carry out Guardian or [...]

Right to education for children of migrant workers

Nearly Legal flags up new guidance following two judgments in the European Court concerning the rights of the children of migrant workers to education. This is important because where the right exists the parent and primary carer of the child will be entitled to benefits and homelessness assistance that they might otherwise not have been [...]

Shock News – Family Justice System Stretched to Breaking Point

Thanks to Family Law Week for alerting me to this judgment of Thorpe LJ in which the court considered the proper husbanding of limited resources in determining the way forward in a contact case. It was in the course of that judgment last year that Thorpe LJ remarked that the family justice system was ‘stretched [...]