Report outlines how judges must adapt to improve the family courts

The report Judicial proposals for the modernisation of family justice was written by Justice Ryder in response to the Family Justice Review, which argued that the endemic “culture of delays” in the family justice system must be tackled.

The Family Justice Review recommended introducing a six-month time limit in which all “non-exceptional” cases relating to care proceedings should be concluded.

Ryder said his proposals are  “judicial solutions” to the problems identified by the review. As such, his report calls for “strong judicial leadership and management” of the workload of the courts, as well as “robust case management of proceedings” and a more inquisitive approach to cases.

“A consistent but firm approach will be developed to litigants, whether represented or not, to ensure that issues remain in focus and that they are addressed within the timetable set by the court,” the report says. ?

“That will require a new culture of compliance. Compliance will need to relate both to good practice and to sanctions, but the key to compliance is an effective timetable based upon the child’s welfare. Sanctions should include fixed costs to be paid by parties for non-compliance.”

Ryder’s report meanwhile repeats the Family Justice Review criticism that experts, such as social workers, forensic witnesses and psychologists are “misused and over used”.

It says that if an expert is required, evidence should be provided by a single person where possible. But it does concede that there is a place for independent social work and forensic witnesses “to advise on discrete issues which are outside the skill and expertise of the court or to provide an overview of different professional elements in the more complex cases”.

The report explains: “Regard must be had to why those who are already witnesses before the court have not provided the evidence that is necessary and who should pay for it when it is missing.

“In every case, the judge should be able to say: is your expert necessary; to what issue does the evidence go; is it relevant to the ultimate decision?”

Debbie Jones, president of the Association of Directors of Children’s Services, said Ryder’s report contains “robust technical proposals for the judiciary to take forward”.  ?

“The proposals develop a framework of good practice, and those relating to more robust case management in public law cases, will present significant challenges to the thinking and practice of local authorities in the way they develop and present their views to the courts, but the aim of the reforms makes such challenge worthwhile,” she said.

“Directors of children’s services, the Children and Family Court Advisory and Support Service (Cafcass) and the judiciary will need to ensure that the whole system responds to these proposals, at a local and national level, and that we all make the most of the new collaborative arrangements to change culture as well as procedure to ensure the focus is on timely and robust decision making.”