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Family Justice Council Report and Accounts 2005 – 2006 How to Contact the Family Justice Council the Family Justice Council Can Be Contacted At

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Family Justice Council Report and Accounts 2005 – 2006 How to Contact the Family Justice Council the Family Justice Council Can Be Contacted At Family Justice Council Report and Accounts 2005 – 2006 How to contact the Family Justice Council The Family Justice Council can be contacted at Family Justice Council Room E201 East Block Royal Courts of Justice Strand LONDON WC2A 2LL Telephone 020 7947 7333 Fax 020 7947 7875 Email [email protected] Website www.family-justice-council.org.uk The Family Justice Council welcomes and indeed encourages general comments from members of the public on the operation of the family justice system. It is, however, entirely an advisory body and has no power to make changes in that system. In addition it cannot comment on any individual court action or dispute, the conduct of any legal practitioner or judge and is unable to provide legal or procedural advice. Further information about the Council’s work is available on the Council’s website including: • Summaries of Council and Committee meetings • The membership of the Council and its Committees • Copies of responses to consultation papers and other relevant documents • Copies of the Council’s Annual reports Family Justice Council Report and Accounts 2005–06 1 Contents Contents Page Foreword by the President 3 Chapter 1: How the Council works 4 Chapter 2: Overview of Activities and Issues in 2005–06 8 Chapter 3: The Children in Families and the Children in Safeguarding Proceedings Committees 11 Chapter 4: The Money and Property Committee 15 Chapter 5: The Experts Committee 18 Chapter 6: The Domestic Violence Working Group 23 Chapter 7: Perspectives of Users of the Family Justice System 26 Chapter 8: The International Committee 28 Chapter 9: The Dartington Hall Conference 30 Chapter 10: Local Family Justice Councils 33 Chapter 11: Local Family Justice Councils’ Annual Conference 36 Chapter 12: Challenges for 2006–07 43 Annex A: The Terms of Reference of the Family Justice Council 47 Annex B: Membership of the Family Justice Council 48 Annex C: Expenditure 2005–06 and Budget for 2006–07 59 Annex D: Business Plan 2006–07 60 Annex E: Questions in letters of instruction 71 Family Justice Council Report and Accounts 2005–06 3 Foreword by the President Foreword by the President I am delighted to be able to publish this first Annual Report on the work of the Family Justice Council. Since its inception in July 2004, the Council has made great strides in integrating and taking forward the work of a number of predecessor bodies in family justice. It is now accepted as the primary body for promoting an inter- disciplinary approach to family justice. This is so important. One great feature of family justice, which distinguishes it from other branches of the law, is that the involvement of children usually means that litigants will need to co-operate closely with each other in the future. In contrast, in other branches of civil litigation, the parties will often never have contact with each other again. This puts a premium on family justice achieving what the Dartington Hall 2005 Conference (covered in this report) aptly described as ‘durable solutions’. In finding solutions which families can make work, not only next week but next year, the involvement of a wide range of professionals is key. I am therefore particularly grateful to the wide range of professionals who, as members of the Council or of its committees, have freely given of their time, energy and expertise in order to contribute to the Council achieving the advances detailed in this Report. As an advisory body the Council relies particularly on establishing good relationships with a wide range of those involved in running the family justice system. We have therefore been fortunate in having the continuing help and support of the Department for Constitutional Affairs and the Department for Education and Skills in taking forward our work. Lastly I would like to thank our secretariat, which continues to do so much hard work behind the scenes in order to enable our work to progress. Sir Mark Potter President 4 Family Justice Council Report and Accounts 2005–06 Chapter 1: How the Council works Chapter 1 How the Council works Family Justice Council Report and Accounts 2005–06 5 Chapter 1: How the Council works 1.1 This is the first published Annual Report of the Family Justice Council. The Council was, however, created in July 2004 and this report therefore in practice covers the outcomes of the work of nearly the first two years of the Council’s existence. Details of the Council’s activities and the key issues it has tackled in 2005–06 are set out in Chapter 2. The Council is a non-statutory advisory Non Departmental Public body, sponsored by the Department for Constitutional Affairs (DCA). It was established on 1 July 2004 as an outcome of the responses to the then Lord Chancellor’s Department’s March 2002 consultation paper on ‘Promoting Inter-Agency Working in the Family Justice System’. The Primary Role of the Family Justice Council 1.2 The Council’s primary role is to promote an inter-disciplinary approach to family justice, and through consultation and research, to monitor how effectively the system both as a whole and through its component parts delivers the service the Government and the public need, and to advise on reforms necessary for continuous improvement. The formal terms of reference set by the Secretary of State and Lord Chancellor at the Council’s inception are attached at Annex A to this Report. These are currently under review. Composition of the Council 1.3 The Family Justice Council consists of a representative cross-section of those who work, use or have an interest in, the family justice system. A full list of the members is attached at Annex B. The Council is chaired by the President of the Family Division, Sir Mark Potter. Its Deputy Chair is Lord Justice Thorpe, the Deputy Head of Family Law. Its members include: • a Family Division High Court Judge • a Circuit Judge • a District Judge (County courts) • a District Judge (Magistrates’ courts) • a lay magistrate • a Justices’ Clerk • two family barristers • two family solicitors • a family mediator • a paediatrician • a child mental health specialist • a director of local authority social and children’s services • an academic • two persons appointed for their knowledge of family justice from a children’s and a parent’s point of view respectively. In addition the Council has ex officio representatives from the following organisations: • CAFCASS • CAFCASS Cymru • the Children’s Commissioners for England and for Wales • the Department for Constitutional Affairs (DCA) • the Department for Education and Skills (DfES) • the Department of Health (DH) • the Foreign and Commonwealth Office (FCO) • the Home Office (HO) • the Legal Services Commission (LSC) • HM Courts Service • the Association of Chief Police Officers (ACPO). These representatives attend meetings where there is business which concerns them. 6 Family Justice Council Report and Accounts 2005–06 Chapter 1: How the Council works Structure of the Family Justice Council and its Committees 1.4 The Family Justice Council has 30 members (including the ex officio representatives). 1.5 There is an Executive Committee of 11 members of the full Council, which makes the more detailed management and planning decisions. Since April 2006 its members are the Deputy Chair of the Council, the Chairs of the Committees dealing with Children in Safeguarding Proceedings, Children in Families, and Money and Property, the Chair of the Education and Training Committee, the Chair of the Diversity Group, a representative of the Local FJCs, a nominee from the Experts Committee, a legal adviser and representatives from the DCA and the DfES. 1.6 The Council’s more detailed work is carried out by a matrix of subject-based committees. In April 2006 the committee structure was revised. Since that date there have been three main committees dealing with Children in Safeguarding Proceedings (Children Act 1989 and Adoption and Children Act 2002); Children in Families (Children Act 1989 and Family Law Act 1996); and Money and Property (Matrimonial Causes Act 1973). In addition there is a cross-cutting Experts Committee and cross-cutting working groups on Domestic Violence, Education and Training, Contact, Voice of the Child, Diversity and Transparency. The committees and working groups contain a number of co-opted members, who are experts in relevant fields, but who are not members of the full Council, as well as relevant Council members. 1.7 Chapters 3 to 7 contain reports on the work of the three main committees, the Experts Committee, the Domestic Violence working group and the group which has considered the perspectives of users of the Family Justice System. The other working groups are all of relatively recent origin and their work does not merit reporting separately. There is, however, also a report in Chapter 8 of the work of the International Committee. This Committee was sponsored by the Council until December 2005, when it seemed preferable to return it to its previous status of direct sponsorship by the President of the Family Division, since its work had little connection with the other work of the Council. 1.8 There is also an ad hoc Dartington Conference Planning Committee, which meets to arrange the two yearly interdisciplinary residential conferences at Dartington Hall, Totnes in Devon. A report on the 2005 conference is at Chapter 9 of this report. 1.9 A diagram setting out the Council and Committee organisational structure is set out at the end of this Chapter. Meetings of the Council 1.10 The full national Council meets quarterly (so far in July, October, January and April of each year). It has thus held eight meetings since its creation in July 2004.
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