Working in the family courts – a guardian’s perspective

Court Skills Training for Social Workers

Manchester Civil Justice Centre

20 November 2015

Presentation by David Delahunty, Children’s Guardian

Working in the family courts

Purpose of family courts is to achieve good outcomes for children

See process as an opportunity for scrutiny rather than criticism

Opportunity to demonstrate the quality of your practice

Judges recognise the challenges facing local authority social workers

Family Justice System

Public law cases – over 11,000 care applications between April 2014 and March 2015 (increase of 5% from previous year)

19,350 children subject of care proceedings National average duration of a care case is 29

weeks (Greater Manchester average is 36 weeks)

Private law cases – over 34,000 applications between April 2014 and March 2015 (decrease of 27% from previous year)

Family Justice Review (November 2011) – Findings Cases take too long Costs of the system are too high Organisational structures are complicated and

overlapping Children and adults are confused by the process No clear sense of leadership or accountability Individuals and organisations across the different

parts of the system too often do not trust each other No sense of shared objectives

Family Justice Review – Findings (2) Local authorities can wait too long before

commencing proceedings Not always sufficiently focused on children’s

timescales Impact of long-term neglect and emotional

abuse underestimated Variable quality of local authority evidence Over-use of experts

Family Justice Review - Recommendations Care proceedings should be completed within 26

weeks other than in exceptional circumstances Court should substantially reduce its scrutiny of

the detail of the care plan Court should focus on the core of the care plan Guardian’s primary focus should be at the start

of a case Independent Reviewing Officer is best placed to

oversee implementation of the care plan

Recent changes in Family Justice Single family court introduced in April 2014 Single point of entry for an application in each local area Each case allocated to the most appropriate level of

judge Simplified process Expert evidence only to be ordered where the judge

deems it necessary Legal aid reforms

Recent changes in public law cases Public Law Outline came into force in April 2014 Designed to improve case management Emphasis on work undertaken by local authorities

at pre-proceedings stage Timetable for the child Decisions should be made with specific reference

to child’s welfare When court considers a care plan it should focus

on those issues essential to the decision

Re B-S

2013 Court of Appeal case Concerns cases involving a care plan of

adoption Criticises quality of written evidence provided

by social workers and guardians Reminder of good practice not a change in

the law Does not mean that a court is unlikely to

approve a plan of adoption

Children’s guardian

Introduced following public inquiry into the death of Maria Colwell in January 1973

Independent scrutiny of local authority’s plans Appoints solicitor to represent child Considers outcome that would best promote

the child’s welfare Ascertains child’s wishes and feelings Considers child’s participation in the

proceedings

Guardians and social workers Importance of good communication Ensure guardian is made aware of any

significant developments Nothing wrong with professional

disagreement Try to resolve issues without the involvement

of solicitors or the court

Child’s solicitor

Appointed by the children’s guardian at the outset of the proceedings

Usually an experienced family solicitor and member of the Children’s panel

Advocates on behalf of the child during the proceedings

Direct involvement with child will depend on the circumstances of the case

Conflict between child’s solicitor and guardian

Presenting your case

Written evidence – remember it is your statement not the local authority solicitor’s

Submissions by your legal representative Oral evidence Questions from the court

Providing effective written evidence The better the written evidence the less likely

the court will require oral evidence Oral evidence may be required to clarify

issues or to address issues not covered in the written evidence

Preparation

Before the hearing

Read the case papers carefully What are the key issues in the case? What are the weakest parts of your case? What questions are you likely to be asked in

evidence? What support will you have at court?

Some practical issues

Location of court Identity of judge Dress appropriately Be early Parking Demeanour outside the courtroom Discussions outside court

In the witness box (1)

Swear or affirm? Stand or sit? Speak clearly but don’t shout Address the judge – know what to call the

judge Establish eye contact – the judge is the

person you are trying to convince not the advocates

In the witness box (2)

Listen carefully to the question Take your time Don’t talk too fast Stay calm Don’t worry about aggressive cross-

examination If you don’t understand the question say so You have to answer the question

A fair and credible witness

Give consistent answers – if you’re asked the same question more than once just give the same answer

Give a balanced picture Acknowledge the positives Be clear about your areas of responsibility Be ready to acknowledge any deficiencies in

the management of the case