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Family Justice Review Panel issues call for evidence

The Family Justice Review Panel has issued a call for evidence, asking for views on how the family justice system can be made to work better in the future.

The “fundamental” review, chaired by David Norgrove, is to cover all elements of the system, examining both public and private law cases.

“In public law this means looking at how the courts, with other agencies, manage cases involving children and the public care system,” the Panel – which was set up by the Ministry of Justice, the Department for Education, and the Welsh Assembly Government in April – said.

In private law the Panel will be looking at contact and residence disputes between family members, and the processes involved in granting divorces and awarding ancillary relief. It will not look at the law in relation to grounds for divorce or the amounts of ancillary relief that should be rewarded.

The call for evidence questionnaire covers a wide range of issues, including:

  • The capacity, efficiency, organisation and management of the current system
  • How well the different organisations/partners in the system communicate, share information and work together to resolve cases
  • The effectiveness of Cafcass and CAFCASS Cymru
  • What types of cases it is important to hear the voice of the child to assist in the decision-making
  • Whether there are areas of the system in which a more inquisitorial approach, where the court actively investigates the facts, as opposed to an adversarial system could be adopted
  • How better use of mediation and other alternative dispute resolution techniques could be made, and how best to provide contact rights to non-resident parents and grandparents
  • Whether adding a triage system, whereby cases are assessed as to the appropriate course of action, would make the system more efficient, and
  • What scope there is for efficiency savings.

“Our aim is to propose reform which will establish a system which is simpler, more cost-effective, timely and just,” the Panel said.

The call for evidence is seeking the opinions of users of the family justice system, including children, as well as professionals working in it.

Norgrove said: “The launch of this call for evidence today is the start of a dialogue with all those involved in the system – from the children and families who use these services, to the wide range of professionals. We are ambitious in what we want to achieve; we would encourage as many people as possible to be ambitious in their responses.”

Justice Minister Jonathan Djanogly pointed out that it was over 20 years since the introduction of the Children Act 1989.

He said: “Whilst areas of child welfare and wellbeing have been the subject of reform, there has been no fundamental review of the family justice system. Now, more than ever, we need a family justice system that supports people in need as efficiently as possible, and this is what the Panel’s work will help us achieve.”

Responses to the questionnaire should be submitted by 30 September.