Quality and speed of care proceedings is paramount
Derren Hayes
Monday, April 13, 2015
Over the past four years, the average length of care proceedings in the family court system has plummeted from 56 weeks to just over 28 weeks.
Considering the pressures the care system has been under since 2011, the significance of such an achievement cannot be underestimated, and is testament to the hard work of all those involved in the care proceedings process, from judges and lawyers, to social workers and children's guardians.
Yet despite this colossal effort, latest Ministry of Justice (MoJ) data covering the final quarter of 2014 shows the average length of proceedings is still not meeting the government's 26-week duration target, which came into law last April. In addition, analysis from the Children and Family Court Advisory and Support Service (Cafcass) reveals that two-thirds of family court areas missed the 26-week target, suggesting reforms to working practices designed to meet the new timescale are yet to be properly embedded everywhere.
When the plans for the new target were first announced three years ago, many questioned whether they were achievable or in fact desirable. Certainly, the measure is a crude one - since when was the quality of care proceedings work judged on whether it is carried out in a six-month time period? But what is undeniable is that the target has helped concentrate the minds of all involved in the process. In that sense its introduction has been a success, regardless of the fact the target has yet to be met across the board.
What is crucial now is to find out whether moving cases through the system quicker has delivered better decision-making and outcomes for children. There is no doubt that cases pre-2012 were taking too long, with the uncertainty that created not being in the best interests of children. But it is equally important to determine that the pendulum has not swung too far the other way in the desire to hit an arbitrary target. For that reason it is a matter of urgency that the MoJ and Cafcass carry out in-depth analysis on why a large percentage of cases in a majority of areas are taking longer than the duration target. Is it a case that some of the areas with the highest average times are not working as efficiently as those with the lowest averages? Or is it a reflection that some areas have more complex cases and so take longer to process them? Either explanation is possible. But it is also plausible that some areas are consciously taking a more cautious approach to decision-making in care proceedings to ensure the right outcomes are achieved.
Without the analysis we won't be able to get the full picture behind the data, but there is anecdotal evidence emerging that suggests pressure to act quickly to meet process deadlines is influencing the decision making of some children's professionals working in the care system. That is something that must be guarded against at all costs - for speed for its own sake will not deliver the long-term stability vulnerable children need and will only undermine the huge strides made in the system in recent years.
