Feeds:
Posts
Comments

Posts Tagged ‘children’

A couple of pieces in the Guardian which are worth a read: here and here. No soundbites, just common sense and a thoughtful approach to the problems. The first, by a very sensible and knowledgeable family magistrate, almost makes me waver in my long held view that family cases are unsuitable for disposal in the magistrates…Almost.

Advertisements

Read Full Post »

On Monday Panorama showed a report on the journey through the family courts of a family accused of causing serious non-accidental injuries to their baby son: ‘Parents’ Child Abuse Nightmare’. After lengthy police investigation and care proceedings no prosecution was pursued and a finding of fact hearing exonerated the parents, the Judge holding that there was no cogent evidence that causation of the injuries was non-accidental.

.

It was a shocking story, perhaps more so for those who do not work in the system and have not been caught up in it in respect of their own families. On another level, for care practitioners like myself it was however in many respects unremarkable – although the case broke new ground in respect of issues concerning publication of judgments and the identity of experts the care proceedings themselves raised familiar issues and followed a well worn path. What was unusual in terms of the care proceedings was the total failure of the Local Authority to make out threshold.

.

There were several predictable references to the secrecy of the system, though the system was not so secret as to prevent the programme from being made. The fact that permission had been given for the proceedings to be reported did not appear to attenuate the hyperbole about the cloak and dagger approach of the courts (In fairness though, the lengths to which the parties and the BBC had to go to get permission were not insignificant as can be seen from the number of citations which follow at the end of this post). (more…)

Read Full Post »

Iconoclasts – A Modest Proposal

How charming: Tomorrow on Radio 4 at 8pm Edward Stourton chairs a live debate in which Professor David Marsland defends his view that the mentally and morally unfit should be sterilised. Part of the Iconoclasts Programme.

Read Full Post »

Thank Goodness for that – the new(ish) President of the Family Division has decided not to renew the guidance and may scrap the duty guardian scheme. See this article extracting an interview reported fully in Family Affairs.

On another note, a proposal to scrap CAFCASS and to reallocate it’s responsibilities to local authorities. Clearly something pretty radical needs to be done, but I’m no fan of that as a solution – whatever arrangements are made it is crucial that arrangements for the provision of Guardians, and to a lesser extent for reporting in children matters to be independent of local authorities.

Read Full Post »

I don’t have time today to analyse this case in a full blog post but I did want to post a link to it. John Bolch at Family Lore has been able to provide a very helpful summary of it and links to the judgment.

Read Full Post »

I managed to get away from court early today. No stringing things out just to earn an extra bob or two for me. No, common sense and good counsel prevailed and the public purse has been saved a pretty penny and justice done etc etc. But as always there is much to do back in chambers. So whilst there is no time to hone the following into some compelling piece of art or pop-journalism, here are some interesting bits and bobs I’ve collected this week:

.

Wall of Brick’s excellent observations on Martin Narey of Barnardos (and ex Probation Service) recent expounding of views on the family courts. I agree with Brick, and I think it best if I let him express my views through the link to his blog post, otherwise I might vent my spleen inappropriately – there are so many people with so many views on how to fix the family courts – Barnardos, LSC, solicitors organisations, CAFCASS, children’s organisations and slightly informed journalists… Every time I have turned on the radio I have heard a different element of the system being blamed for the totality of the current or impending catastrophe. I’m glad that the crisis is reaching a wider audience but there is an awful lot of balone out there.

Barnardo’s press release is worth reading in full. The headlines sound sensible – why not aspire to a 30 week longstop, even if we all know it won’t happen? But then you read that Barnardos want to have a a tiered, fast track target of 12 weeks for children under 18 months. Don’t get me started on why that’s *not good* idea. Quite apart from the fact that I hadn’t even worked out which end of my baby was up by the time he was 12 weeks, its astonishing to hear the suggestion that we can deal with quite the most difficult and sensitive of cases in the shortest period of time. Maybe we should just brand parents ‘bad mother’ across their forehead when their first child is taken away so that we can fast track them through to adoption when they deliver their next child? You see what churlish mood I’m in? I’ll stop now before I say what I really think.

Also worth a read are Law Society Gazette’s interview with Carolyn Downs (interesting take), and Catherine Baksi’s summary of the same.

I’m off to do some work. And some deep breathing.

Read Full Post »

Background to this post appears here.

.

Alas, this is not the beautifully crafted discussion piece I had wanted to post, but I cannot devote as much time to this as I would like, and so I offer it as your starter for ten in its slightly disjointed and unpolished form…

.

Firstly, let me explode the myth that the outcome of care applications is inevitable and that therefore care proceedings are purposeless.

.

Almost all care applications result in orders of some kind. Most result in permanent or long term removal, many in adoption. Only a very few are withdrawn because the evidential hurdle of threshold cannot be met. In that limited sense applications made are by and large justifiably made (The alternative viewpoint is that almost all applications succeed because the courts are a mere rubber stamp – I don’t subscribe to that view).

.

But many applications result in different orders than originally anticipated or sought (supervision orders, residence orders or special guardianship orders) or with less draconian care plans (care order with a placement at home, a plan for eventual rehabilitation, a change in placement type, or identification of more suitable carers, more structured or substantial support package for parents or child, proper financial and support package for kinship carers). These changes in plan and outcome are on one level matters of detail, but it is in matters of detail that long term outcomes for children and families can be radically altered – the chaos theory of family law. Complaint was made at the review session that there is an increasing tendency for courts to micro-manage care planning and that this is inappropriate. In the first place I don’t think that this is an accurate representation of the law or of practice. But really, why shouldn’t care plans be scrutinised? If they are appropriate and properly thought through there will be no problem – detailed scrutiny is necessary where, as is sadly often the case, they are ill thought through or poorly justified. The extent to which courts scrutinise the detail of care planning is in direct correlation with the quality of the care planning, and the confidence of the courts in it. (more…)

Read Full Post »

Older Posts »