Joining the dots…
It is unfortunate that some of the points we made in our written evidence (such as lack of investment in the FJS / legal aid, lack of accountability for family justice, reduction in sitting days and the absence of specialist knowledge and understanding in the MOJ / DFE) were not highlighted in the report or recommendations.Indeed. As it happens, this week Nuffield have produced a striking graph showing that now 80% of private law cases involve litigants in person. Do we think those statistics might be one part of that important context? 80% of tens of thousands of cases (the majority of which will involve some sort of allegations of domestic abuse) require consideration of fact finding hearings, fact finding hearings, special measures, QLRs – and in almost half of those cases (39%) there are NO lawyers at all to help the judge (meaning two QLRs and many more false starts and ineffective hearings). There aren’t enough judges (not just DJs – all tiers), and aren’t enough sitting days for fact finding hearings – hell, sometimes there aren’t enough screens in the court building to implement special measures properly. And there most certainly still are not enough QLRs. And as we all know, there aren’t enough lawyers (thank you LASPO 2012). So yes, that body of cases takes up time and resource that we simply don’t have. And yes, many of those families are failed. That also has a knock on effect on care proceedings, since both types of case are sharing the same ever diminishing resources pool. Add to that the fact that for almost six months family barristers and solicitors have been expected to largely work without payment due to the hack on the LAA’s systems (a hack which no doubt is at least partly down to under-resourcing). Fortunately there is now light at the end of the tunnel as far as the LAA systems coming back online is concerned, but the ramifications of the temporary contingency scheme and the additional cashflow pressures on individual lawyers, firms and chambers, will have a long tail indeed. And even once payments resume they will be at a rate fixed many many moons ago (family legal aid has not had even an inflationary rise for the entirety of my career), and which in some areas is woefully below a reasonable fee for the amount of work done and the level of responsibility and vicarious trauma that lawyers are expected to carry. But anyway, we have a report from a committee, so I’m sure that it will all be sorted out in a few weeks and family justice will be the land of milk and honey…. won’t it? Of course I am cynical. Many of the points made in this report were made by David Norgrove in 2011. And yet still the dots are not joined and we have a disjointed FJS with too much delay. So I won’t be holding my breath. I very much hope that this does not simply produce yet more muscular ‘robust’ case management. Piling pressure on the lawyers to make cases smaller is not the answer to this complex problem, and in fact is likely to exacerbate the difficulties. The answer lies in proper resourcing and in respect for the skills and efforts of all the professionals doing their best in sub-optimal circumstances.
No frills justice
I spent Monday in ridiculous lacy frills and an itchy wig watching judges process through Westminster Abbey to mark the start of the Legal Year – and the swearing in of the first Lady Chief Justice. This was an exhilarating day to be sure, and filled me full of renewed enthusiasm for all things justice. But grand surroundings and rosy faced judges dressed in gold, purple and ermine isn’t the justice system that most punters see. And it isn’t the coal face that most of those judges work at when they put their fancy robes back in the cupboard and go back to their leaky-roofed court building in an ordinary drab, dark suit. Here then, as a counterpoint to that, is a small snapshot into what goes on in the Family Court. Or at least what went on in one ordinary courtroom in central London on an ordinary afternoon in September 2023. This is justice writ small.... The ancient stained carpet tiles speak silently of years of spilt coffee if not milk. Everything is a bit...
Parenting App template wording
There are an increasing number of parenting apps out there which separated parents can choose from. Depending on the platform, they offer calendar and messaging facilities and various other useful features such as lawyer access, timestamped geotagging and tone meters. One of the better known apps is Our Family Wizard or OFW (other parenting apps are available etc etc). As far as I know it is only OFW which has developed a suggested template to be incorporated into a court order so that there is clarity about the way in which the app is to be used. Templates of this sort are quite handy to have available, and are ready to adapt to the need of the case. Although the OFW template refers to features specific to that app I dare say there is potential to use it as a starting point or framework even for cases involving parents using other apps. The OFW templates have recently been updated to bring them 'in line with the new standard orders which are now being used across the family justice...
A KC and her sunshine band
The burden of writing a post about becoming King's Counsel has been weighing heavily on my shoulders since March. There are so many posts that I could write on that theme, all of them susceptible to complaints of self-absorption or privilege. And so I have fallen silent. On here, at least. I have been ruminating about 'the post'. The very fact and longevity of my blogging silence has also been on my mind. It is not my intention to stop blogging just because I have been 'elevated' (as people keep saying to me). I've not died and gone to heaven or anything. And I've not suddenly become too important to blog (though I have been busy juggling). But I am uncertain now of the sound of my own voice out here in the wilds of the internet. Is it more important for it to evolve or for it to stay the same and will my words sound differently to others than they do in my head (which I am increasingly realising is a thing)? Part of me has felt I ought to write something about 'IT' (becoming a KC) -...
Beyond belief
On Sunday morning, the London Victims' Commissioner tweeted this: "Father charged with rape is made party to child’s care proceedings - a shocking example of how family court continues to work in conflict with the criminal court and exposes victims and children to risk and trauma." There are a number of tweets from others with an interest in the family justice system in similar vein, but this one is a good illustration of the themes. The Commissioner was talking about a case reported in the Guardian under this headline: 'Father in UK charged with rape made party to child’s care proceedings - Court of appeal overrules decision to exclude man who allegedly conceived the boy with his niece through rape'. The article and tweet are referring to this judgment (points to the Guardian for linking to it) : S (A Child) [2023] EWCA Civ 706. The article, by Hannah Summers, is a good summary of the decision. The headline (which Hannah won't have written) is an unhelpful and incomplete summary of...
New Templates
Last autumn I was a bit mardy about the template orders when it came to their attempt to warn litigants about the rules around confidentiality. https://www.pinktape.co.uk/rants/you-draft-fool/ I should have got around to politely raising my concerns with the committee that were tasked with reviewing the templates, but I didn't. Life was a bit challenging last autumn... However, happily, they have identified the issue anyway, and redrafted the confidentiality wording so that it now accurately and fully tells people what they can't do without accidentally stopping them doing things they can and should be allowed to continue doing. The wording is similar to the wording I suggested last year, but actually I think its better than mine. So we're all good. Thumbs up. Yay. Here is a short post I've just popped up on Transparency Project setting out the changes and linking to the templates. I believe there are suggestions the formatting issues may have been improved too, but I haven't dared...
About this blog
“Pink Tape” isn’t just about family law. I post about topics that interest me, which mostly revolve around family law, but also include non-legal family-related topics as well as unrelated subjects. I hope this blog will convince at least one person that not all of us in the legal profession are money-hungry sharks. Some of us are actually quite nice. Additionally, I aim to provide useful information about family law for those working in the field without being too heavy or boring.
The primary goal of the blog is to improve the quality of public information and discussions about legal issues.
I understand that not everyone is a fan of “Pink Tape” or family lawyers in general.
latest
Blog Posts
I’d like to write a blog post but I don’t have the time…
Things are busy here. I don't have time to say anything terribly considered or even very interesting, but I just place this marker down that the workloads for all of us are not reducing (judges, lawyers, social workers, court staff...), and things are really tough out...
Stumbling across a paradigm case – the hardest legal blogging expedition so far…
I have been working for quite a little while now on a series of four blog posts which I published on the Transparency Project blog on Sunday. The posts deal with a final hearing in private law proceedings which I observed, and my working methods and observations on...
May the Fourth be with you (soon)…
I have finally begun updating The Family Court without a Lawyer. Since its been four years since the last edition, preparation of this fourth edition is a somewhat chunkier task than was the third. The reason for the gap between editions is threefold : in the...
Podcasts
Lately, I've been listening to podcasts in the shower. I don't like headphones and I don't have a daily commute to speak of so when else am I going to listen to them, right? Plus, Radio 4 has become almost unbearable and I have to listen to something to wake myself...
The portal of doom cometh…
I've had my first taste of the new public law case management portal this week. By a process of trial, error, clicking, clicking, unfurling and furling, clicking, scrolling and yet more clicking - I have established that this is in fact an inter-dimensional portal...
Choose your words with care, listen as if with someone else’s ears…
I want to talk about language. About the gap between how it's meant and how it’s received. About what happens when our words are heard by someone standing in a different place to us, and who is wearing very different shoes. ‘Wrongful’ News stories about parents who...
When Crime and Family Collide
This is an interesting judgment. The facts of it are very sad (vulnerable, isolated teenaged brother and sister who somehow manage to end up as mother and father of a baby at the age of 14) - but I'm more interested in the bells it rings regarding the interplay...
From a place of purity…
I've been wrestling with a couple of blog posts to post here for a while. They are stuck. I am snorkling through metaphysical, ethical, topical treacle with them. They may never be published. Luckily for you. But this. This comes from a place of passion and purity and...
Wellbeing fatigue
Enough. I've had too much wellbeing. Like that moment you realise you've had one square too far in your mission to demolish that giant bar of Dairy Milk you picked up at the garage - I feel rather nauseous now. WARNING : Don't read this post in the hope of a warm...
Rules of the blog
Anonymized or fictional
All the information on this blog is anonymized or fictional to avoid causing any trouble for anyone, including myself. I have modified details to prevent the identification of specific cases.
Comments
I won’t approve comments that, in my judgment, breach privacy laws related to family matters. Unless individuals have been identified in a published judgment, I won’t disclose their involvement in any proceedings.
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The content of this blog is not intended to constitute legal advice, so please don’t interpret it as such. It may seem relevant to your situation, but it likely isn’t. I cannot be held responsible for any reliance you place on its contents.
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The information on the blog is as accurate and up to date as possible, considering my other commitments. Pink Tape is a hobby that I work on when time allows. Therefore, I can’t cover all legal changes or update information that becomes outdated.
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