13 February 2008
New guidance for the family courts aimed at reducing unnecessary delay in the care proceedings system was published by the Ministry of Justice today.
The Public Law Outline, an initiative led by the Judiciary of England and Wales, is designed to promote better co-operation between all the parties involved in care and supervision cases.
Under the Public Law Outline, the current six stages of the court process will be reduced to four, resulting in a simpler, more streamlined process with fewer unnecessary hearings. The court will set an appropriate timetable for the case, focused around the needs of the individual child. The Public Law Outline also promotes better case management and earlier identification of the key issues, which is expected to lead to better targeted and more effective use of experts' evidence, in those cases where it is required.
Free pre-proceedings legal advice will be available to parents with the aim of narrowing or resolving the issues in the case.
Bridget Prentice, Minister for Family Justice, said:
'Children and families involved in care proceedings are among the most vulnerable and socially excluded in our society. The Public Law Outline is all about helping to achieve better outcomes in these cases. It is important that children have safety and stability in their lives and that decisions as to their future are made fairly and as speedily as possible. The contribution and commitment of all those working in the family justice towards improving the care proceedings system is vital.'
From April 2008, the Public Law Outline will be introduced to replace the existing Protocol for Judicial Case Management in Children Act Cases. The Public Law Outline has been developed alongside revised statutory guidance to local authorities, which sets out how they should prepare applications for care orders and other types of court orders. This guidance places a strong emphasis on close communications with families and on exploring options for children to be supported and cared for by their wider families while making clear that timely action should always be taken through the courts to safeguard children when necessary.
Bridget Prentice continued:
'Together, these reforms should mean less turmoil and distress and more certainty for children by encouraging all safe options for care of a child to be explored fully before court action is taken.'
President of Family Division, Sir Mark Potter added:
'The new Public Law Outline for the conduct of care proceedings is the welcome product of a co-operative enterprise between the judiciary and the Ministry of Justice to reduce delays and to improve the case management of care cases. Its success will be largely dependent on the co-operation and expertise of the dedicated specialist lawyers who will operate it.'
Children Law UK has been commissioned to deliver inter-agency training to support these changes to the care proceedings system. Training courses are being delivered across England and Wales targeted at social workers, local authority legal advisers, legal practitioners, family court staff and Cafcass and Cafcass Cymru staff.
Notes to editors
1. The Public Law Outline comes into force on 1 April 2008.
2. The final version of the Public Law Outline was shaped following consultation with the key family justice agencies and feedback from a number of initiative areas across England and Wales who are testing the Public Law Outline.
3. The Public Law Outline is closely linked to revised statutory guidance issued by Department for Children, Schools and Families on 24 January 2008, which applies to local authorities in England seeking care and supervision court orders.
4. Statutory guidance is to be issued to local authorities in Wales by the Executive in Wales later this month.