|
Toggle Nav
Family Justice Reformed: A Guide to Developments since the Children and Families Act 2014 Second edition
Publisher:
Family Law
Family Justice Reformed contains detailed commentary on the Single Family Court and the Children and Families Act 2014, Pts 1 and 2 (which deal with family justice), including clear and comprehensive guidance on the underlying procedural regime and the rationale for the reforms.
Published: 28 June, 2017
Previously known as Reforming Family Justice: A Guide to the Family Court and the Children and Families Act 2014, Family Justice Reformed contains detailed commentary on the Single Family Court and the Children and Families Act 2014, Pts 1 and 2 (which deal with family justice), including clear and comprehensive guidance on the underlying procedural regime and the rationale for the reforms.
The reforms continue to represent a huge change to the manner in which professionals working in the family justice system have to approach and deal with cases, and this comprehensive practitioner’s text provides an invaluable guide thereto.
This new edition has been thoroughly revised throughout and contains analysis and practical guidance on all recent developments, including additional chapters on ‘The challenges in cases involving young adults’ and ‘Digital Court modernisation’. An Appendix contains relevant legislative provisions and guidance.
The book also provides clear practice guides, summaries and glossaries of legal terms, with a view to assisting litigants in person who are negotiating their own way through the system.
Foreword
Preface
Introduction
Acknowledgments
Table of Cases
Table of Statutes
Table of Statutory Instruments
Chapter 1: The Case for Change
The Family Justice Review
The timetable for the child
The case against delay
The Government response to the Family Justice Review: A system with children and families at its heart
The judicial proposals for change
The case monitoring system (CMS) and the Tri-borough Project
Local authority innovations
Case monitoring systems
The single family court
The family court – its shape and organisation
The local family court
Family drug and alcohol court (FDAC)
The family court – London
Locations/geography in London – public law
The digital court – transforming family justice for the future
The judicial proposals in 2012–2014
The Tandem Model
The 2012 Family Justice Review’s over-arching recommendations
Conclusion
Chapter 2: The Aims of the Act
Private law disputes
Introduction
C (A Child) & Anor v KH
The facts
The criticisms on appeal and guidance for the future
The problems for litigants in person and the courts
Consequences of a lack of representation
McKenzie Friends
From the private law pathway to the Child Arrangements Programme
Child arrangements orders
Applications for orders relating to children
Shared parenting
International experience
The Swedish example
The Australian model
The 2014 Act
What is meant by ‘suggests?’
Child arrangements order
Grandparents and other family members
Other amendments to the private law regime
Parental responsibility
Child Arrangements Programme
Litigants in person
The court process – hearings and evidence
Allocation and gate keeping – CAP para 9 and Practice Guidance
Without notice applications – CAP para 12
Time frames
The child in the dispute
The role of Cafcass
Revised PD12J
The dispute resolution appointment – CAP para 19
Frequently asked questions
Divorce and financial remedy proceedings
Draft orders in financial remedy applications
Chapter 3: Dispute Resolution Services
Collaborative law
Arbitration
Mediation in 2014
The Family Justice Review
Child Arrangements Programme
Parenting plans
Mediation as ongoing process
The 2014 Act and mediation
The new provisions
Mediation information and assessment session – what is it?
LASPO and mediation
Legal aid funding
Process of mediation
The limits of mediation
Benefits of mediation
The child’s voice in mediation
Example of a memorandum of understanding
Example of a statement of financial information
Chapter 4: Public Law
The interim position – a learning curve
Strong and robust leadership
The ‘case manager’ role
Timely and more selective use of assessments and agreements with providers
The early appointment of children’s guardians
Judicial continuity and robust case management
Social worker confidence
Focus and commitment
Quarterly ‘post-case reviews’ to identify and share learning points and overall leadership
Concerns
Thoroughness of assessments and use of experts
Thoroughness of hearings
Justice for children and parents
Delays being incurred pre- or post-proceedings
The timing of the case management hearing and the case management order
Extensions to the 26-week time frame
Sustainability in the longer-term
The Revised Public Law Outline (PLO)
26 week timetable
Scope to extend care proceedings beyond 26 weeks
‘A problem solving court’
1. The Family Drug and Alcohol Court (FDAC)
2 PAUSE
Interim care orders
Practice Direction 27A – court bundles
Preliminary documents
Format and contents of the bundle
Timetable for lodging of the bundle and preliminary documents
Stage 1: Issue and allocation
Stage 2: The advocates’ meeting
Stage 3: Issues resolution hearing
Settlement conferences
The settlement conference process
Pilot scheme evaluation
Human Rights Act claims
Chapter 5: Experts
The need for reform
The change in culture
‘N±ð³¦±ð²õ²õ²¹°ù²â’
The Children and Families Act 2014
‘Robust case management’
Re C (A Child) (Procedural Requirements of a PD25 Application)
Timetable for an application
Case study: X Local Authority v A, B and C
At the case management hearing
The quality and length of expert reports
The final recommended standards
Funding of independent expert evidence – the Legal Aid Agency
Re R (Children: Temporary Leave to Remove from Jurisdiction)
JG v The Lord Chancellor & others
Social workers and Cafcass officers – already instructed experts
Good Practice Guidance for Social Work Practised in the Family Courts
Pre-proceedings
The threshold analysis
The care proceedings
Post-proceedings
The independent social worker assessment
The children’s guardian
The analysis and recommendations report
Threshold analysis
Analysis of parenting capacity
Child impact analysis
Early permanence analysis including the proposed placement and contact framework
Case management analysis and advice
Example of revised PLO Cafcass case analysis
Chapter 6: Adoption Reform
The background to reform
The causes of delay
The importance of ethnicity
Early permanence
The approach of the courts
Re B-S – the need for full analysis
Re B-S in the context of the modernisation reforms
Application of Re B-S
The balance sheet
The impact of B-S on the level of adoption
Contact post-adoption
The fairness of adoption proceedings
Support for adopters – duties of local authorities
Chapter 7: Transparency and Reporting Restriction Orders – The New Ethos
The Transparency Project
The call for transparency
Procedure
Service outside of the jurisdiction – the Facebook problem
Open justice – The case-law Re A
Re J (A Child)
Re P (A Child)
Family and criminal proceedings – the overlap
Covert recording
Transparency conclusions
Draft order
President’s Guidance
Chapter 8: Transitioning from the Family Courts – The Challenges in Cases Involving Young Adults
Background – transition from child care
Children (Leaving Care) Act 2000
Care leaver policy
Children and Young Persons Act 2008
Children and Families Act 2014
Care Act 2014
The Children and Social Work Act 2017
Involvement of the Court of Protection and the Mental Capacity Act 2005
Deprivation of liberty – the Article 5 rights of the young person
The inherent jurisdiction of the High Court
Protection of vulnerable adults
Conclusion
Appendix
Index
With a specialist contribution by Taryn Lee QC, 37 Park Square Chambers, Leeds
