Implementation of recent family legislation Anthony Douglas CBE Chief Executive Respect Conference – 31 March 2009.

Implementation of recent family legislationAnthony Douglas CBE

Chief Executive

Respect Conference – 31 March 2009

Implementation: an issue in itself

Legislation is never wholly implemented: it has its followers and its detractors, even though in theory there is no latitude to do otherwise

‘Some legislation achieves its intention, other acts do not

Change tends to take place over a generation, not quickly

60-70% of change programmes fail because of poor set-up or implementation strategies

Recent legislation

Adoption and Children Act 2002 – landmark provision for those involved in adoption – in theory

Children Act 2004 – introduced Children’s Trusts and ‘started something’

Children and Adoption Act 2006 – expands Cafcass’s responsibility for making risk assessments for vulnerable children (and adults); strengthens contact monitoring, and introduces contact activity orders and ultimately, enforcement of judicial decisions

Cafcass commissioning role

Cafcass has provided a level of financial support to external providers since its creation in 2001, mainly grants

In recent years, this has expanded to a set of commissioned services from approximately 60 providers, with a further 150 small grants to volunteer-based supported contact centres

In 2008/9, services at three levels of intensity are being purchased on behalf of children, families and courts

S11A (5) provides for contact activity services to promote contact or address violent behaviour

Main activities are mediation preparation/assessment meetings; parenting information programmes, and domestic violence programmes

Domestic violence programmes

Use of DV programmes in family court cases is an exciting innovation.  Respect have been at the forefront in assisting Govt to set standards and ensure that quality provision can be made available

as in many new 'markets' supply is scarce to start with, with only 7 (DCSF) approved providers, though with more to come

because of this, and in any case, essential that only suitable parties participate in the programmes.  The suitability assessment  process is very important, with Cafcass assessment, court findings of fact and providers' own suitability assessments all having roles to play

the issue of charging (up to £2.5k per case) may be problematic for those who are not publicly funded or eligible on hardship grounds

the use of the provisions has been slow across the board, which is usual with new legislation. 

Current major issues in child care services

more coverage in the national

media of safeguarding in

the last 3 months than in the previous 3

years

a significant increase in the volume of s31

care applications to courts by local authorities in the

last 3 months

many children wait far too long for an outcome of care

proceedings – over 1500 children freed

for adoption or another

permanency placement are still

waiting

inter-professional working is

improving, but much too

slowly

the social work profession needs the same level of

support given to the teaching profession over the last twenty

years – but the financial situation

makes this virtually impossible

Dad’s issues Fathers are increasingly engaged in the care of their children, and this has

been a sea change in family behaviour over the last generation

• our statistics + MOJ research (Hunt and Macleod 2008) confirm the demographic trend that fathers are taking more interest in family life

• on the gender of parties awarded residence, we are virtually at 50:50: the sample is 20% of the contested residence cases we are involved in

Fig 4.1: 2006/2007

47% 53%

Male Female

Fig 4.2: 2007/2008

48% 52%

Male Female

Fig 4.3: 2008 to date

48% 52%

Male Female

Issues for the future

It is positive that private law disputes are moving up the political agenda

The partial opening up of the family courts should ease public concerns about secret justice

Shared parenting (where safe) should be helped by an expectation that public services will keep both parents equally informed e.g school notices sent to both

We hide information about the damage family conflict does to children – and need a long-running public information campaign

Mediation should be compulsory, though it helps to now have a stronger expectation

cont’d…

Issues for the future

We should stop insisting on statements before working with parties/parents – litigants in person tend to produce long statements reliving bad experiences rather than focusing on their child or children’s needs

Need for a single joint solicitor (with safeguarding exceptions for vulnerable adults, or children) 

Family support services needed to re-build family relationships after the hearing – not only during the hearing or hearings

The family justice system does need more integrate management rather than the current loose models of working together – because issues like the postcode lottery for services cannot be properly addressed at present

…cont’d

Implementation of recent family legislationAnthony Douglas CBE

Chief Executive

Respect Conference – 31 March 2009