The next President of the Family Division, Justice McFarlane, has delivered a speech in response to the publication of the Care Crisis Review, in which he makes a series of blunders about the care system and the processes currently in use.
Whilst he rightly points out that the care system is in a state of crisis – CAFCASS figures for May 2018, record the second highest monthly figure for care applications ever received – McFarlane clearly fails to understand the complex nuances faced by children, families and practitioners inside the sector.
In his speech, which was written to coincide with the Review’s launch, he says, “thank heaven for…. the 26 weeks and the reform package that Sir James Munby so effectively introduced 5 years ago”. The result was that, when the rise in numbers began to kick in, the judges and the courts were “match-fit” to process and determine the applications in a timely manner.”
The truth is much less straightforward. Whilst the 26 week timetable was brought into effect to help speed up adoptions, primarily to prevent children from languishing inside the system, it did very little on that front, with many cases falling outside the suggested time frame, over and over again. Calls from inside the sector to remove the time frame, came from all corners – including a senior family law judge Researching Reform spoke with, who confirmed the worst: that the 26 week timetable was nothing more than a badge of honour for judges looking to get promotions, and was having a disastrous effect on truth and justice.
Social workers too, have begun to complain about the time limit, saying that it puts parents who are trying to turn their lives around in an impossible position, because the time frame is just too short for any real improvements to take place. Whilst the time frame gives judges the opportunity to speed through cases, and try to get matters off their desk, little else is being achieved. In reality, the time frame has done nothing for the Family Court’s problems, as it continues to be inundated with increasing numbers of care applications, or for children who could remain safely with their parents if time, and smart planning, were on their side.
Calling the system ‘Match-Fit’ is also telling. These cases are not matches, or sparring grounds for lawyers, though that’s how they are viewed by the legal sector. These cases represent people’s real lives, and the decisions made inside these courts will affect them and their children, forever.
The so-called reforms McFarlane alludes to, have also been useless. The starkest indication on that front lies in the ongoing, and rising, complaints against social workers, lawyers and councils, and the never ending ethics and legal breaches that are clearly documented, but never addressed, even when called out by Presidents inside the system.
Window dressing a system that has gone wild, is not the same as addressing problems and improving outcomes for everyone.
McFarlane also mentions the risk of future harm threshold, but his comments show that he is out of his depth on this topic. He glosses over this cornerstone of the Children Act 1989, which is an astounding piece of legislation for its focus on children and its elegant attempt to balance children’s rights with their best interests, but it is not flawless. The incoming President fails to pick up on the controversial ways in which future harm is interpreted, and the fuzzy quasi-definitions that never really offer a scientific take on the test.
Indeed, McFarlane seems particularly preoccupied with the 26 week timetable, choosing to make this element of the court system within public family law proceedings his focus, despite the Care Crisis Review covering a wide range of topics and issues within the care system. The entire speech reads like a superficial gloss by a President who still not does not have a global view of child welfare in Britain.
The Care Crisis Review is made up of eight reports, which you can access here. It offers 20 recommendations on how to improve the system, which include good practice, research, better communication with families and children and regular inspections. As wonderful as all that sounds, the ideas are not ground breaking, and will no doubt frustrate those inside the system who have known what needs to be done, and how to do it, for a long time.
For those of you who don’t want to wade through the 51 page Review, there is a helpful summary outlining the key recommendations.
We also recommend reading the Contributing Factors report, which looks at suggested factors relating to why children find themselves in care, and the variations across councils, of care applications and their duration.
Ian Josephs said:
HERE are the 20 recommendations of these worthy busybodies who obviously never consulted mums who had their babies snatched at birth or children gagged in care!
20 MEANINGLESS PLATITUDES SERVING AS AN EXCUSE FOR INACTION !
Report Citation
Care Crisis Review: options for change (2018) London: Family Rights Group
Care Crisis Review: Summary of the Options for Change
1. Good systems and practice (TYPICAL BE A GOOD BOY STUFF !)
2. Training and development
.
3. Statutory guidance
4. Inspections
5. Multi-agency collaboration
.
6. Family Group Conferences (FGC)
.
7. Family and friends care of children
8. Advice and advocacy
9. Use of voluntary accommodation (s.20 Children Act 1989, ss76 and 34
Social Services and Well-being (Wales) Act 2014)
10. Pre- proceedings practice
.
11. 26 weeks as a performance target
.
13. Reunification
14. Post-proceedings support for family and friends carers
15. Post-proceedings support for parents who have had their children
removed
.
16. Family Justice Boards
17. Families as a resource in service design and development
18. The impact of Government policies
.
19. Shortfall in resources
20. Research matters
I suggest instead:-
1:- Abolish forced adoption
2:- Abolish the secrecy in family courts
3:- Abolish social workers and leave police to deal with child cruelty
4:-Abolish all gagging restrictions on parents and children in care
5:-Abolish all orders forbidding parents to contact their children by email or telephone
6:- Abolish punishment when there has been no crime ;(taking a baby or young child from its parents is a punishment for both parent and child)
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Dr. Manhattan. said:
Ian,
when contact has been stopped for no reason and parents are told by social workers the usual Lies that there child/children never want to see them again.
in such situations the LA needs to cover up their Unlawful actions so they will decline any referrals to an independent advocate.
its a highly frustrating situation for parents who cant afford a Lawyer so what would you suggest they do.
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Ian Josephs said:
Well, if the six reforms I suggest were put in place those situations would never arise.
However the best thing to do with things as they are now would be to find someone to advise them how to go to court and represent themselves.I can only claim around 20–25% success even with those who follow my advice precisely but I do get thank you letters if not every week at leasy every month !There are others doing the same as me and quite likely with more success and I reckon that route is the best until the law changes as it will if given enough publicity.
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Dr. Manhattan. said:
Well written response Natasha.
Mr Munby may have taken progress two steps forward. its likely McFarlane will take it 3 steps back.
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Natasha said:
Thank you, DM.
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Dr. Manhattan. said:
Natasha,
Going off that graph the rise in LAC is around 1000 per year over the last 24yrs.
is that inc Adopted children and those on a SGO ?
if not who holds the figures for how many Adopted children and those on a SGO over the past 20yrs ? it would be good to see the rise in Adoptions.
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Natasha said:
Hi DM, just away from my desk – have a check of the reports x
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daveyone1 said:
Reblogged this on World4Justice : NOW! Lobby Forum..
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lonsb65 said:
Well, there goes hope…in this instance, the hope we finally had a President minutely qualified by virtue of some common sense to have the job.
Seems we just got yet another whose merely authorised to do it.
At least we won’t have to hear another four years of flannel about ‘revolutionary reform.’
But then, matters not what the President says. None of their legal colleagues listen, when what is said doesn’t suit.
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tummum said:
Great post Natasha with valid points. All i’m going to say is if you get your judgement and it misses out eg the fraud that was committed on your case then please make sure you raise it at your nearest opportunity and in writing. I am not confident that miscarriages or miscarriages of justice will not continue therefore which is all i can say xx
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Natasha said:
Xxx
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Dr. Manhattan. said:
“if you get your judgement and it misses out eg the fraud that was committed on your case”.
what case Re Natasha do you speak of ?
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tummum said:
Sorry for the late reply. It was my case this happened on. One would expect a judge who made such serious observations committed by 2 very experienced court officials, to address the ‘fraud’ fully and competently in both judgements (x 2 missed opportunities?) to make the outcome just and fair xx
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tummum said:
Reblogged this on tummum's Blog and commented:
Great post Natasha with valid points. All i’m going to say is if you get your judgement and it misses out eg the fraud that was committed on your case then please make sure you raise it at your nearest opportunity and in writing. I am not confident that miscarriages or miscarriages of justice will not continue therefore which is all i can say xx
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Ian Josephs said:
Good old Daily Mail !
Boy, eight, was taken from his family and put in foster care after social worker said his mother didn’t take him for ice cream or let him get his hair cut how he liked
•Mr Justice Mostyn described the social worker’s claims as ‘utterly insubstantial’
•The boy, now eight, taken away from his mother and made to live in foster care
•Social worker said ‘best example’ of neglect was not giving the boy ice cream
•Mr Justice Mostyn overruled a court hearing Swansea to rule he can return home
But how come the lower court made the order for fostercare? If the mother had not appealed (and most are told to do so is hopeless) she would have lost her child .
Things like this could not happen if children could only be removed if a crime had been or still was being committed against them.
That justice McFarlane is the one vital reform that would make all the difference !
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Dr. Manhattan. said:
Interesting piece From Stowe:
“Mother’s application to discharge a care order is granted”
The application was made pursuant to section 39 of the Children Act 1989 which, as Mr Justice Mostyn explained, “granted a person with parental responsibility the unfettered right to seek the discharge of a care order.”
“In granting that right Parliament must be taken to have intended the right to have a meaningful content. Parliament must surely have intended that a parent who had lost a child to care by virtue of unfitness or incapacity must be given the chance to turn his or her life around and to reclaim the child.”
Further to this, Mr Justice Mostyn pointed out that it is not the business of the state to provide a child with “better” parents than the parents that nature had provided.
He quoted Lord Templeman’s well-known words from the 1988 case Re KD: “The best person to bring up a child is the natural parent. It matters not whether the parent is wise or foolish, rich or poor, educated or illiterate, provided the child’s moral and physical health is not endangered. Public authorities cannot improve on nature.”
In short, there was no good reason why the mother could not resume the care of her child. Mr Justice Mostyn summarised that the objections to the success of the application were “inconsequential, trivial and insubstantial”.
Accordingly, the application was granted and the care order was discharged”.
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