Family Justice Review: A changing landscape

Updated September 2011

2012 will be a pivotal year for Family lawyers, the most significant factors being the impact of the Government changes in legal aid and the implementation of the Family Justice Review.

Although the exact figure for Family Law is ambiguous, details from the Ministry of Justice and the Legal Services Commission are clear that the legal aid cuts will result in a substantial reduction in those that are eligible for legal aid. The Family Justice Review report is due to be concluded in October 2011 and this is set to make radical recommendations which will change the face of current Family Law provision, both in terms of funding and how services are delivered. The interim report, published in March 2011, concluded that, "Family Justice does not operate as a coherent managed system" and most professionals including Judges would agree.

The report recommends the creation of a Family Justice Service led by a National Family Justice Board to ensure that children and families are supported to navigate their way to an early resolution of their problems.

The report concentrates upon the needs of children and recommends for public law (care cases) a refocusing on issues of whether the child can safely remain with parents, family/friends or should there be permanent alternative care arrangement, i.e. with the local authority.

For private law, the court should emphasise parental responsibility, reinforce the child's need to have a meaningful full relationship with both parents and an emphasis on the time spent rather than residence or contact orders.

The report recommends an information hub and help line followed by a filtering process, at the end of which there may be the opportunity of issuing a court application. The filters would comprise of an "information meeting" to assess suitability for mediation, compulsory attendance at a parental information meeting, an attempt at alternative dispute resolution and finally the opportunity for permission to use the court process. Once in the court process, the court would be expected to be robust in managing the application to ensure that core issues are identified and addressed at the earliest opportunity.

The report recognises that the history of family justice reviews (seven since 1989 and a unified court proposed as long ago as 1975) is of fine words but little or no action. Why should this report be any different? The answer is, according to David Woodward, that "only one member of the review body is a practising lawyer and the Chair is a distinguished public servant with experience in industry. I understand that they have kept in close touch with Ministers and they are determined to only make recommendations which the Government will accept and implement."

The significance of the report for family lawyers is not to be minimised, as the proposals would dramatically impact on how we currently practice Family Law. 2012 will be a year to remember.

David Woodward is head of the Private Business Group of TLT, National Secretary of Resolution and a member of the Law Society's Family Law Committee.

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at September 2011. Specific advice should be sought for specific cases; we cannot be held responsible for any action (or decision not to take action) made in reliance upon the content of this publication.

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