Family Law Week May 2011 - 1 May 2011 News 1 Signatories: Analysis NEWS The Right Rev Tim Stevens Bishop of Leicester; The Right Rev Nicholas Children: Public Law Update 11 Stop CSA Charges campaign Steward Reade, Bishop of Blackburn; Reg (April 2011) gathers momentum Bailey, Mothers' Union; Bob Reitemeier, Family Procedure Rules 14 The Children's Society; Fiona Weir, 2010: A Guide to Private Eighteen groups and individuals have Gingerbread; Dr Katherine Rake, Family and Public Law Family written to The Times, calling on the and Parenting Institute; Anne Marie Proceedings concerning Children Government to reconsider its plans to Carrie Chief Executive, Barnardos; Alan charge for access to the child support Bean & Martha Cover, Co-Chairs, Civil Restraint Orders in the 17 service and to levy further charges on Association of Lawyers for Children; Family Courts child maintenance paid by the collection Linda Lee, President, The Law Society; Kernott v Jones - Asking the 19 service. Paul Ennals, Chief Executive, NCB; Right Questions Gillian Guy, Chief Executive, Citizens 21 The letter said: Advice; Helen Dent, Chief Executive, Mesher Orders: you don’t always have to say ‘yes’ Family Action; Alison Garnham, Chief 'Sir, The Government is Executive, Child Poverty Action Group; Fair Outcomes as Common 24 consulting on plans to charge Satwat Rehman, Chief Executive, One Intentions? The Debate in parents in need of child Parent Families Scotland; David Allison, Kernott v Jones maintenance for using its child Chair, Resolution; Stephen Cobb, QC, Cases support service. Not only will Chairman, Family Law Bar Association; they face an application charge of Philip Moor, QC; Amy Watson, Co- Eliassen and Baldock v 28 £100 (£50 if on benefit), but any ordinator, Womens' Budget Group Eliassen and others [2011] EWCA Civ 361 child maintenance paid via the ND v KP (Asset freezing) collection service will be reduced [2011] EWHC 457 (Fam) by ongoing charges of up to 12 per Children's Commissioner Hemans V RB Windsor & cent. With a week to go before the Maidenhead [2011] EWCA recommends new research on Civ 374 consultation deadline, we urge children's and young people's the Government to think again Ambrosiadou v Coward 29 about its charging proposals. views of child protection to [2011] EWCA Civ 409 Munro In the Matter of A and B [2010] EWHC 3824 'While we support the Government's wish to develop The Office of the Children's W (Children) [2011] EWCA 30 more support services to assist Commissioner has released a report, Civ 345 separated parents to co-operate, called 'Don't make assumptions: penalising vulnerable parents Children's and young people's views of IJ (A Child) [2011] EWHC 31 921 when their ex-partners do not the child protection system and messages A Local Authority v A (No 2) contribute satisfactorily to their for change' in which children and young [2011] EWHC 590 children's maintenance does not people talk about their experience of the Legal Services Commission resolve the issue of the reluctant child protection system. The research, v F, A & V [2011] EWHC 899 parent, nor does it encourage commissioned from the University of them to make regular and East Anglia, has been provided to S (Children) [2011] EWCA 32 consistent payments. It just Professor Eileen Munro as further Civ 454 exacerbates the child's evidence for her major review of child Kent CC v A Mother [2011] disadvantage and increases the protection. vulnerability of those left directly Key recommendations for government B (Child) [2011] EWCA Civ 33 caring for their children. are: 509 'For the sake of the children * Good skills in communicating with concerned, the Government must children, based on detailed knowledge of reconsider.' child development, are needed in order to form meaningful relationships with GENERAL EDITOR Family Law Week is published by Stephen Wildblood QC Law Week Limited Greengate House Deputy Editor 87 Pickwick Road Claire Wills-Goldingham Corsham Albion Chambers SN13 9BY Tel & Fax: 0870 145 3935 www.familylawweek.co.uk Family Law Week May 2011 - 2 children. Child development and education, and care planning for child-centred communication skills Lead author of the report Jeanette people being looked after in care. should therefore be a key focus of Cossar, of the Centre for Research on social work training and continuing the Child and Family at UEA, said: professional development. Law Society issues new * Guidance on good practice needs to "There has been little research practice note on Family be easily accessible and its importance into children's views of the to the quality of practice and child protection system, so this Mediation Information professional development promoted. is a distinctive and important Assessment Meetings * Local authorities should have a perspective. forum where children who are The Law Society has issued a new receiving services but are not in care "These are young people who practice note in anticipation of the can contribute their views of the child are incredibly vulnerable, but implementation on the 6th April of FPR protection process and have an impact they are not passive and we Practice Direction 3A and its on practice and service development. need to engage with them. We accompanying pre-application should be listening to what they protocol for Family Mediation Commenting on the report Maggie say and actively working with Information Assessment Meetings Atkinson, Children's Commissioner them to ensure the system (MIAMs). for England, said: acknowledges their views and supports their needs." Under the protocol, all potential "Children in receipt of child applicants, before making their protection services are amongst John Kemmis, Chief Executive of application for a court order in relevant the most vulnerable in our Voice, said: family proceedings will be expected, society. Three key findings unless exempted, to have considered emerged from this research. "We welcome this research. If alternative means of resolving their These are that: we want services and processes disputes. Respondents will also be that protect children to be truly expected to attend a MIAM to consider * Children develop their own child centred, it is critical that dispute resolution options, if invited by ways of dealing with their we listen to and learn from a mediator to do so. worries and these need to be those children and young understood; people who have experience of * Their relationship with their the system. We would urge the Supreme Court abolishes social worker is fundamental Government to consider the immunity of expert witnesses and assists them to participate recommendations in their from civil action in the child protection process; review of the child protection * And social workers need to system." The Supreme Court by a majority (Lord be aware of the impact of the Hope and Lady Hale dissenting) has child protection system itself on held that the immunity from suit for children as well as the risk of Children’s views are still not breach of duty (whether in contract or harm from the abuse which being heard, says Children’s in negligence) that expert witnesses brought them into the system. Rights Director have enjoyed in relation to their participation in legal proceedings "Listening to children's views is should be abolished. fundamental to ensuring that Children's Rights Director, Dr Roger their rights to protection, Morgan, has published the third In Jones v Kaney [2011] UKSC 13, the support and participation annual Children's care monitor report, appellant challenged the rule that an under the UN Convention on giving children's assessment of social expert witness enjoyed immunity from the Rights of the Child are fully care in England in 2010. Of the 1,123 any form of civil action arising from the realised. children who responded just over half (53%) of children who are in care or evidence he or she gave in the course of proceedings. "The children and young people live away from home have a say in who shared their own what happens to them. When they are The appellant had been hit by a car in experiences with us have able to voice their views, only 51% said March 2001 and suffered physical and allowed us to provide a real it made a difference to decisions made psychiatric consequences. He insight for everyone trying to about their lives, with 15% of children consulted solicitors with a view to improve child protection saying that their opinions did not make bringing a claim for personal injury, services. We now have a duty to a difference. and they instructed the respondent, a ensure that we do our part by clinical psychologist, to prepare a making sure that policy makers, The Children's care monitor report is a report on his psychiatric injuries for the service providers and unique annual report of the views of purposes of the litigation. She reported professionals listen to their children who are in care or living away that the appellant was suffering from concerns and act upon them." from home. It looks at issues that children see as important which they post traumatic stress disorder (PTSD). Proceedings were issued and liability "You've got to trust [the social want to be checked every year was admitted, so that the only worker] and she's got to trust including: keeping safe, bullying, remaining issue was the amount of you. Otherwise there's no having a say in what happens, making damages. The appellant was examined point" said one child. complaints and suggestions, by a consultant psychiatrist instructed www.familylawweek.co.uk Family Law Week May 2011 - 3 by the defendant driver, who adequate supply of expert witnesses Children being maltreated expressed the view that the appellant [54] [117]. The removal of immunity for crucially depend on doctors was exaggerating his symptoms.