In 2014 the Ministry of Justice introduced a 26-week time limit on care proceedings, but figures for July to September last year show that more than a third of cases went beyond this deadline. To address the problem a document outlining a more collaborative approach between ADCS (Association of Directors of Children`s Services) and Cafcass (Children and Family Court Advisory and Support Services) was launched in February in as a means to speed up cases, or avoid them having to go to court altogether.
The agreement was widely criticised by guardians` association Nagalro and the National Association of Independent Reviewing Officers as being potentially unlawful, as well as undermining the independence of children`s guardians. Fears were expressed that cases could be looked at less critically and could lead to collusion between social workers and children`s guardians, with children potentially being taken into care unnecessarily.
The Association of Lawyers for Children (ALC) also claims that the fast-track approach was drawn up without input from many of the interested parties, since judges, lawyers and even parents and children were not consulted. The ALC states: “Under this system, some cases will not reach court at all and, in others, issues that ought to properly be aired before the court will be settled outside between professionals with no legal oversight by lawyers for children.”
However, issuing a joint statement Cafcass and ADCS have now said: “The Document was never intended to undermine the independence of children`s guardians, nor was it intended to shut out parents or their representatives from due process within proceedings. Due to concerns raised by some stakeholders we took the decision to withdraw the document in question”.
Several months may have passed since the agreement between ADCS and Cafcass was introduced but it is to be hoped that not too much damage has been caused to any children caught up in the system. It may not happen often enough in the legal world, but for once common sense seems to have won the day.
Additional Information
The Cafcass/ADAC statement in full.
