The family justice system “is not working as it should” according to a new five-year strategy report published by the Nuffield Family Justice Observatory.
“The family justice system makes life-changing decisions about tens of thousands of children’s lives each year – often because their parents are unable to agree on their care, or because the state is intervening to protect them,” writes Lisa Harker, director of the Nuffield Family Justice Observatory, in the foreword of the report.
“We have been reflecting on why the family justice system is not working as it should. Why a system which, by definition, witnesses people at one of the most vulnerable times in their lives, can unintentionally add to their distress by being disempowering and difficult to navigate.
“Why a system, guided by the principle that the welfare of the child is paramount, can leave children feeling outside of the process while decisions are being taken about them. Or why a system that has the pursuit of justice at its core treats some families better than others.”
The report sets out Nuffield Family Justice Observatory’s mission to improve the lives of the children and families who come into contact with the family court.
“While developing this new five-year strategy we have taken a step back to examine the wider landscape and think about what the future holds. We have explored what has and has not changed, and why we have come up against the same barriers to progress, time and time again,” Harker said.
“Rather than continue to pursue incremental change, we have been thinking about what it would take to challenge these barriers and for the family justice system to be galvanised around a shared mission which directs us towards what children need.”
The report states that the current system is not designed around a child’s needs, and that time and money is spent on court instead of helping families to resolve difficulties earlier. It also highlights the limited opportunities for children and families to participate in the legal process, meaning children and families often feel unheard and do not always understand court proceedings or the decisions made about them.
The report is damning about the inequities in people’s experiences of the family justice system in relation to ethnicity and disability. It reveals the significant variations in decision making between regions and in relation to the ethnicity of children and families.
It also found that addressing immediate risk overshadows a more balanced approach to a child’s longer term well-being. This is particularly the case in private law proceedings, which are structured around parents advocating for what they want rather than focusing on what children need.
The Nuffield Family Justice Observatory strategy sets out three goals with a target of 2030. Firstly, it calls for a system that helps children and families to thrive – that makes their lives better, not worse. Secondly, a system that enables children and families to meaningfully participate in vital decisions about their lives. Finally, a system that treats people fairly and equitably.
