
Last month, Mr. Justice Ryder (Ryder J), published a modernisation programme for family justice in the light of the recommendations of the Family Justice Review chaired by David Norgrove. The modernisation programme aims to change the culture of the court, placing strong emphasis on judicial governance and evidence-based good practice to inform the structures, processes and decisions of the court. The proposals do not require new legislation, but will be introduced alongside proposed legislation found in the Crime and Courts Bill currently before parliament and in the Families and Children Bill, which is expected to go before parliament in the next session.
The proposed changes include the establishment of a single family court which will serve as the “vehicle for the implementation of the judicial family modernisation programme”. This will mean that magistrates, district judges and county court judges will all sit together in a single court and the family proceedings courts will disappear. The new family court will combine the local courts in a network of local family court centres, organised around existing care centres, and will be judicially led and managed by designated family judges. The centres will provide specialist judges, magistrates and advisers who are qualified to work in all areas of family law. The outcome of this reorganisation is likely to be a reduction in the number of courts hearing family matters.
Reducing delays
In addition to these attempts to rationalise the system, the modernisation proposals also emphasise the need to reduce delays in care proceedings. The Family Justice Review criticised the length of time care proceedings take to complete – at present just over a year – and recommended that all care proceedings be completed within a six-month timeframe.
This is echoed in the Ryder proposals with recommendations for a revised and improved case management programme, which will include a more active and inquisitorial role for judges, as well as measures to ensure judicial continuity. Judges will also be provided with the necessary training in case management and best practices, and new guidance will be issued to help them to reach swifter decisions with improved outcomes for children. The proposals support the Family Justice Review’s position regarding the importance of considering the voice of the child in family proceedings, and proposes that in all instances in which a party to a case requests a delay, the court should consider the impact on the child’s welfare.
While the modernisation proposals put forward are welcomed, questions arise as to whether they will be effectively implemented in light of the significant cuts to legal aid brought about by the Legal Aid, Sentencing and Punishment of Offenders (Laspo) Bill, which received Royal Assent earlier this year. In particular, there is likely to be a significant increase in the number of unrepresented litigants in private law family proceedings, such as residence and contact disputes, which as some commentators have pointed out, are likely to increase delays with negative outcomes for the children involved. Ryder J’s report recognises this as an immediate challenge, particularly in light of the lack of public funding available for DNA tests to determine parentage or testing for drug and alcohol use in disputed residence cases. Ryder J’s report proposes the development of a private law pathway that will assist parents in determining what the court can and cannot do, and how it works.
There is undoubtedly an urgent need to address the failings of the family justice system, and the efforts of the Family Justice Panel and Ryder J are indicative of the government’s commitment to improving processes in order to ensure positive outcomes for children and young people. Undertaking such an ambitious programme of reform with such limited resources, which will be further reduced with the implementation of Laspo next year, will not be without its challenges. Fundamental to the success of this endeavour, however, is to ensure that the best interests of the children and young people involved in family court proceedings remain firmly at the heart of the reform process.
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