[with thanks to John Bolch:
"DIY Divorce: Do away with the
lawyers?"]
http://www.justice.gov.uk/news/newsrelease200110a.htmFundamental review of the family justice system announced
20 January
2010
An expert panel will examine reform of the current family justice
system in England and Wales so that it better supports children and parents
under a wide-ranging review announced by the Ministry of Justice today.
The review will look at the best methods for avoiding confrontational
court hearings, and encouraging the use of
mediation to deliver fairer and less
acrimonious settlements that place the needs and interests of children at
the heart of the system.
Family Justice Review
Terms
of Reference
The Secretaries of State for Justice and Children,
Schools and Families and the Welsh Assembly Government Minister for Health
and Social Services have commissioned a review of the family justice system
in England and Wales.
The following guiding principles have been
identified which are intended to provide a framework within which
the review’s work should be undertaken:
·
The interests of the
child should be paramount in any decision affecting them (and, linked to
this, delays in determining the outcome of court applications should be
kept to a minimum)
·
The court’s role should be focused on
protecting the vulnerable from abuse, victimisation and exploitation and
should avoid intervening in family life except where there is clear benefit
to children or vulnerable adults in doing so
·
Individuals should
have the right information and support to enable them to take
responsibility for the consequences of their relationship breakdown
·
Mediation and similar support should be used as far as possible to
support individuals themselves to reach agreement about arrangements,
rather than having an arrangement imposed by the courts
·
The
processes for resolving family disputes and agreeing future arrangements
should be easy to understand, simple and efficient
·
Conflict
between individuals should be minimised as far as possible
The review
should assess how the current system operates against these principles and
make recommendations for reform in two core areas: the promotion of
informed settlement and agreement; and management of the family justice
system.
Specifically, this will include examination of the following
issues:
·
The extent to which the adversarial nature of the court
system is able to promote solutions and good quality family relationships
in private law family cases and what alternative arrangements would be more
effective in fostering lasting and positive solutions
·
Examination of the options for introducing more inquisitorial elements
into the family justice system for both public and private law cases
·
Whether there are areas of family work which could be dealt with
more simply and effectively via an administrative, rather than
court-based process, and the exploration of what that
administrative process might look like
·
Examination of the roles
fulfilled by all of the different agencies and professionals in the family
justice system, including consideration of the extent to which governance
arrangements, relationships and accountabilities are clear and promote
effective collaboration and operational efficiency
The review will be
conducted by a Panel, comprising four independent representatives and
senior representatives from MoJ, DCSF and the Welsh Assembly Government (as
relevant for devolved matters). The Panel will be assisted in its work by
an expert consumer and stakeholder group, made up of experts from across
the family justice system, academics and consumer specialists. Membership
of the Panel and Advisory Group will be approved by Ministers.
20
January 2010
20 January 2010
In examining these matters the Panel
will be required to obtain and consider the views of key stakeholders,
including children and families, the judiciary, family lawyers, Cafcass
practitioners and social workers. The review will also be expected to
engage in wide consultation, to draw on relevant family justice research
studies and literature, consider available qualitative and quantitative
data and take into account international comparisons.
The review
should take account of value for money issues and resource considerations
in making any recommendations. Recommendations should be costed and have
regard to affordability.
Following examination of available research
and evidence, the Review Panel is expected to report the likely
timeframes for moving the Review forward within a three-month
period following the Review’s announcement. A final report setting out the
Review’s findings is expected to be submitted to the Secretary of State for
Justice, the Secretary of State for Children, Schools and Families and the
Welsh Assembly Government Minister for Health and Social Services in 2011.
England and Wales 