Family courts ‘face funds crisis which will put vulnerable at risk’

Vulnerable children and families could suffer if reforms recommended by the Family Justice Review are not fully prioritised and resourced, a family law specialist has warned.

A three-year delay before some changes are implemented in the family courts has worrying implications, says Emma Pearmaine, head of family law at Leeds solicitors Simpson Millar.

If the review’s recommendations are accepted the Children and Family Court Advisory and Support Service – Cafcass – would be incorporated into the Family Justice Service, with a remit to provide court social work functions.

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“According to the report a lack of funding means that these reforms will not be implemented until 2015. But what is to happen to the system in the meantime?” she said. “Cafcass’s budget has been frozen between now and 2015.

“The review clearly says that the current system is failing children and families, but concludes that these essential changes will be delayed, seemingly because of this Government’s programme of cuts in spending on public services.”

The review recommends there should be a Family Justice Service sponsored by the Ministry of Justice, rather than the Department of Education, which presently overseas Cafcass. This would create a single family court with one point of entry and greater specialisation among the judiciary.

“The feasibility of such a significant change in the current economic climate has to be questioned,” said Mrs Pearmaine. The Government is expected to announce its response this week to the Family Justice Review which addressed three main areas of public law where children are taken into care, private law covering separation, divorce, contact and residence and the creation of a Family Justice Service.

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It concluded the average case length of over a year in public law cases was unacceptable with delay in making vital decisions damaging children and recommended the Government set a six-month limit on care proceedings.

Law Society chief executive Desmond Hudson said: “Change will require commitment from everyone – judges, lawyers, social workers and the court service – and particularly from the Government, because change must be resourced.

“Cuts in legal aid fees will mean fewer family lawyers available to help people, cuts in legal aid eligibility will mean more people going to court unrepresented, taking up huge amounts of court time, just when court staff and facilities are being cut dramatically – all leading towards more, not less, delay.

“This has the makings of a perfect storm.”