The Chartered Institute of Legal Executives (CILEX) has thrown its weight behind criticism of the family courts system describing it as inefficient and “poor value for money for taxpayers” in its response to the Public Accounts Committee consultation.
The call for evidence closed earlier this week with CILEX calling for urgent improvements to protect children using court services, adding practitioners have no confidence the current capacity of the system can positively meet the demands of children. The organisation recommends additional financial support as well as improved data sharing practices between agencies involved in the family courts, other measures aimed at improving communication between agencies, and more robust early intervention and pre-court mediation.
There are considerable delays in the courts with the government’s own target of 28 weeks for completing public law care and supervision cases never met; and private law family cases are facing an average delay of up to 50 weeks. A growing population and increasingly complex cases mean the system is unprepared for what the future will bring say CILEX.
“Urgent improvements are needed if children going through the family court system in the UK are to be adequately protected. The current delays and the lack of representation experienced by too many families are creating unnecessary hardship for the children involved, with the most vulnerable, including victims of domestic violence, facing the biggest challenges.”
“While the root cause of these problems is a lack of funding and resources, there are other systemic challenges around communication and data sharing that need to be tackled to ensure that the best interests of the child remain at the heart of the family justice system.”
said CILEX President Yanthé Richardson.
CILEX recommends assessing the effectiveness of sharing data between Cafcass, local authorities, the judiciary and social services before implementing a strategy to improve family court services for children. This would close troubling communication gaps between agencies and allow government to create “clear national guidance and standards” about data sharing so that a child can be followed digitally through the process end to end.
Better funding for partner services and dedicated case coordinators would improve the efficiency and effectiveness of case progression, while a unified case management system would promote consistent practices across regions.
The Ministry of Justice must rethink its position on the current scope of legal aid eligibility, which is “insufficient to support families seeking to act in the best interests of their children” – in 38% of cases, neither party has legal representation.
More robust early intervention and pre-court mediation would improve overall efficiency, effectiveness and value of court services, given many families are unaware of this option or not pursuing it due to cost. CILEX recommends widening eligibility for mediation vouchers and requiring parties to have tried alternative dispute resolution, such as mediation or arbitration, at the point of applying to the court, with exemptions made in cases of domestic abuse.
The response comes just weeks after the National Audit Office gave a damning verdict on the family courts in its own report into the performance of the family justice system with similar concerns about the lack of a joined up approach to family law proceedings; no single accountability for overall performance, and no shared understanding of what good looks like from the perspective of families and children
