Major overhaul to reform family justice system
This was published under the 2010 to 2015 Conservative and Liberal Democrat coalition government
Children and families in England and Wales will benefit from major reforms to the family justice system.
In the government’s response to the recommendations made by the independent Family Justice Review panel, ministers have outlined their plans to reform the system to help strengthen parenting, reduce the time it takes cases to progress through the courts, and simplify the family justice system.
Shared parenting for the best interests of the child:
- The changes in education and the introduction of parenting agreements which the review recommended will help ensure better recognition of the joint role of parents within wider society.
- We also accept the need to clarify and restore public confidence that the courts recognise the joint nature of parenting. We will therefore make a legislative statement emphasising the importance of children having an ongoing relationship with both their parents after family separation, where that is safe, and in the child’s best interests.
The government is mindful of the lessons which must be learnt from the Australian experience of legislating in this area, which were highlighted by the review and led them to urge caution. We will therefore consider very carefully how legislation can be framed to ensure that a meaningful relationship is not about equal division of time, but the quality of parenting received by the child.
Speeding up care and adoption cases by reforming the public law system and increasing transparency. We have already begun to publish data on the timeliness of court cases so we can see where delays are occurring. We will introduce legislation at the earliest opportunity to enable a six-month time limit to be set and wherever possible we expect cases to be completed more quickly, while retaining the flexibility to extend complex cases where this is genuinely in the children’s interest.
Simplifying the family justice system to help separating couples reach lasting agreement speedily, if possible without going to court. We will make it mandatory for separating parents who propose court action to resolve a dispute about their child to have an initial assessment to see if mediation is something which would be suitable instead, to help them agree on the arrangements for their child. We estimate that we will spend an extra £10m a year on legal aid for family mediation taking the total to £25m per year (although we have placed no upper limit on this figure). We will also examine how to give the courts more robust enforcement tools to combat failure to comply with judgments.
Driving culture change and better cross-system working through the establishment of a new Family Justice Board, accountable to ministers, made up of senior figures representing the key organisations who play a role within the system and who will have a clear remit to improve performance.
Justice Secretary Kenneth Clarke said:
The reform of family justice and child protection is a critical priority for government. Our reforms are ambitious and system-wide and particularly tackle the crucial problem of delay.
More use of mediation, more effective court processes and more efficient provision of advice will help to create a family justice system which can better resolve these difficult emotional problems in the best interests of children and families.
Children’s Minister Tim Loughton said:
It is unacceptable for vulnerable children, who come into the court system through no fault of their own, to be waiting an average of 55 weeks for a decision about their future.
The introduction of a new six-month time limit on care cases sends a clear signal to everyone involved in the process that we want to see radical improvement. Speeding up the court system, and getting earlier decisions about a child’s future, will help ensure that more children are found loving homes more quickly.
On the issue of shared parenting, we accept the need to clarify and restore public confidence that the courts properly recognise the joint nature of parenting. We will be legislating to emphasise the importance of children having an ongoing relationship with both their parents after separation, where that is safe and in the child’s best interests.
Family Justice Review Chair, David Norgrove said:
I welcome the government response to the Family Justice Review. The review presented the government with a bold and challenging agenda for change. I am pleased the government have accepted the overwhelming majority of our recommendations. The result should be to reduce the long delays that are so damaging to children and families and to help separating couples sort out their issues for themselves to the benefit of their children.
Other key commitments in the government’s response are:
- To consider how parenting agreements could be used to emphasise the need for parents to consider how the child can maintain a relationship with other close family members, such as grandparents.
- To reduce expense and delay caused by the excessive use of expert reports, strengthening their quality and ensuring only essential reports are commissioned.
- To reduce the amount of time spent by judges and courts scrutinising care plans, focusing instead on the core or essential components when making care orders.
- To bring court social work closer to other court services by transferring Cafcass sponsorship to the Ministry of Justice;
- To create a single family court across England and Wales, with a single point of entry, to simplify the system and make it more accessible for families using the system.
Notes for editors
The government’s response to the Family Justice Review is published on the Ministry of Justice website. A version of the response for young people is also available from the website.
The Family Justice Review Board was set up in January 2010 by the Ministry of Justice, Department for Education (formerly the Department for Children, Schools and Families) and the Welsh Government to look at all aspects of the family justice system from court decisions on taking children into care to disputes over contact with children when parents divorce. It gathered evidence from hundreds of people and groups with a personal and professional interest. It conducted two public consultations, and received 628 responses to the interim report published in March 2011. The board is independently chaired by David Norgrove. More details on the Family Justice Review panel are available on the Ministry of Justice website.
For anyone considering divorce or separation, there is advice on some of the support and services available elsewhere on GOV.UK such as looking after children if you divorce or separate and getting a divorce.
For more information, please contact the Ministry of Justice press office on 020 3334 3536.
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