Written evidence submitted by Judge David
Tyzack QC (CAF 7)
I welcome this Inquiry because whilst there
is much to be applauded in the working of CAFCASS in Devon and
Cornwall, there is not only room for improvement to be made to
the existing service, but there is also a substantial amount of
room for development of the service into areas which are at present
hardly addressed. I appreciate of course that resources are scarce
but it does on the other hand seem to me to be shortsighted not
to apply some proportion of the available resources towards achieving
some of the key objectives.
For example I would like to see child and family
reporters [CFR's] in private law proceedings having a role beyond
that of simply providing reports to the court. It is my experience
of disputes which involve children that the earlier a CFR is involved
the greater is the chance of a negotiated and amicable solution.
Thus it would be enormously valuable if a CFR was "on hand"
at court at the directions stage of a dispute between parents
(for example over contact) to speak to the parents separately
and perhaps together, with the aim of avoiding damaging litigation
between them. I remember such a scheme being in operation informally
years ago at Truro County Court when the court welfare officers
[CWO's] under the former regime happened to have an office within
the precincts of the court. Many disputes were "nipped in
the bud" by the timely intervention of a CWO who was invited
by the judge to speak to the parents outside the court.
Clearly arrangements would need to be made to
list such directions hearings together and for a CFR to be "on
duty" and available to mediate. It would also be essential
for the parents (or adult parties) to be directed to attend and
to be told in advance what to expect at such a hearing.
I also think that there is a role for CFR's
in the actual resolution of disputes, for example by being involved
in the promotion of contact to the non-resident parent. During
the preparation of a court report a CFR naturally builds a relationship
of trust with the child or children, and indeed with the adults.
It would in some cases be a huge benefit if that trust could be
used in a practical way. Sometimes it is difficult for parents
to agree, for example, on the identity of a suitable supervisor
who can be trusted by both parents; this particularly applies
in those cases where one parent is "implacably" opposed
to the other parent having contact, or in the situation where
the court has ruled that a father should have contact after a
period of suspension. There are other factual situations that
I can envisage.
The CFR will simply tell me, if asked to assist,
that it is really quite impossible for him or her to have such
a role and meet the deadlines of other court directions in other
cases.
What I am really suggesting is that the CFR
needs to have a wider function once appointed than simply the
preparation of a court report. I recognise the implication of
this, which is that more CAFCASS officers would need to be appointed
if existing timescales were to be unaffected. Clearly this might
very well require the allocation of further funds for the service,
but the question I ask is whether, if there was greater focus
on prevention of disputes escalating and a greater use of personnel
in practical roles, that in the long run savings could be achieved?
At the moment it seems to me that CAFCASS is
struggling to meet its objectives in the provision of court reports
within deadlines, both in public and private law situations. I
do not really criticise what is currently being achieved because
I know very well how hard everybody has to work to keep on top
of the case load. Obviously it would be better if there were more
CFR's and Children's Guardians so that the number of weeks it
currently takes to prepare reports could be reduced. But I do
not think that there would be any really significant gain achieved
just by the recruitment of more personnel. There does need to
be much greater thought given in addition to the actual wording
of some of the key objectives. What does it actually mean "to
represent, safeguard and promote the welfare of children . . .
?" Or "to improve the services offered to the family
courts?"
In summary it seems to me that whilst the "Advisory"
role of CAFCASS is largely being achieved, the "Support Service"
role is almost completely ignored. This urgently needs addressing
if CAFCASS is to provide the comprehensive service which was originally
envisaged.
Judge David Tyzack QC
11 March 2003
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