Select Committee on Lord Chancellor's Department Written Evidence


Written evidence submitted by Parentline Plus and the National Council for One Parent Families (CAF 10)

INTRODUCTION

  1.  Parentline Plus and the National Council for One Parent Families (NCOPF) would like to share the following views with the Committee on the Lord Chancellor's Department on the work of the Children and Family Court Advisory and Support Services (CAFCASS):

  2.  Parentline Plus is a leading national charity founded to support anyone in a parenting role. Last year Parentline Plus supported almost half a million people through our direct services: parenting courses and workshops, information leaflets, a website, Referral Telephone Support, and a free 24 hour helpline and textphone. We work to recognise and to value the different types of families that exist and to shape and expand the services available to them. We understand that it is not possible to separate the children's needs from the needs of their parents and carers and encourage people to see it as a sign of strength to seek help.

  3.  The National Council for One Parent Families is the leading national charity campaigning and lobbying on behalf of lone parents and their children. We are an independent charity, constituted in 1918, and with a membership of approximately 3000 lone parents and other supporters. There are currently about 1.7 million lone parents in the UK caring for approaching 3 million children. [3]It is estimated that at any one point in time, nearly a quarter of children will live with just one of their parents and between a third and a half will experience life in a one-parent family before they reach adulthood. One-parent families represent 21% of all families and 91% of them are headed by women. [4]The majority of lone parents were married, and are widowed, separated or divorced[5]—and of those who were not, most lived with the father of their children prior to the separation. [6]

  4.  We acknowledge that CAFCASS has faced many challenges around funding and managing and completing the set up of its organisational structures. However, we would hope that its work can now develop so that families and children receive an improved and appropriate service.

CONTACT, MEDIATION AND INFORMATION

  5.  One of the roles of CAFCASS is to represent, safeguard and promote the welfare of children involved in family court proceedings. Recent research, [7]has suggested that some parents engaged in the legal system can be described as being in a vicious circle of destruction, recrimination or indifference. Frustration with the inability of lawyers and courts to encourage non-resident parents to establish a contact regime, a feeling that the legal system favoured one parent over another and resentment towards tightly defined contact schedules and imposed contact all serve to entrench positions and heighten negative attitudes. Families in this situation often have a very poor understanding of how family mediation might be able to help. CAFCASS must work to promote the benefits of mediation and to raise awareness and understanding of the role of mediation amongst families that are in need.

  CAFCASS must also support these families going through the legal system to ensure that the best possible outcomes for children can be achieved, through effective representation of children's needs and through the promotion of constructive contact with both parents, where this is in the best interests of the child.

  6.  CAFCASS must be able to access free mediation services for families although it is noted that mediation can never be a substitute for proper legal advice. The Family Advice and Information Network (FAINs) pilots offer the opportunity to look at ways of combining access to legal advice and mediation in divorce and separation cases and CAFCASS should also have access to FAINs networks. Mediation should also be available to separating cohabiting couples. Mediation will not be suitable in all cases, however, for example where there has been domestic violence or bullying and controlling behaviour.

  7.  CAFCASS along with voluntary organisations also has a role to play in providing ongoing, impartial information and support to children and families going through family change. Parents for example may need information about the effects of divorce and separation on children or about situations where contact might be inappropriate or harmful. Children too might benefit from age appropriate information.

CONTACT CENTRESPARTNERSHIPS

  8.  In its recent partnership strategy consultation, CAFCASS suggested that it would hope to re-prioritise its partnerships towards supporting child contact arrangements, primarily through child contact centre provision. Parentline Plus responded to this consultation highlighting the evidence that children may benefit from being able to see both parents. Apart from cases where it is necessary to protect children, parents need to be supported in maintaining the continuing involvement of non-resident parents in their children's lives. This needs to be understood as cooperative parenting—where parents are supported to cooperate for the benefit of their children.

  9.  At present, contact centres provide a location for contact but are often unable to offer supervised contact which can lead resident parents to feel that a contact centre might not be a safe place to entrust their child's welfare. Contact centres should be properly funded to be able to offer absolute security so that contact is safe and helpful and so that non-resident parents cannot use the arena for bullying and attacking ex-partners. In its response to the CAFCASS consultation mentioned above, NCOPF argued that the recommendations in the recent Warwick University report[8] in relation to contact centres should be adopted viz:

    —  protocols, training and guidance on active screening and assessment in relation to domestic violence.

    —  greater provision of independent support, advice and advocacy for children.

    —  replacing the terminology of supported and supervised contact with terms that clarify levels of vigilance: high, medium and low vigilance.

    —  developing the range of contact options to ensure the availability of high, medium and low vigilance contact on a locality/regional basis.

    —  the development and dissemination of training materials on issues raised by child contact in the context of domestic violence.

  10.  Parentline Plus and NCOPF would also like to see an extension of the services on offer in contact centres and provided through mediation services. At the moment, not all contact centres are able to provide wider support to parents in the form of parenting education, services such as Referral Telephone Support, mentoring and advice on money and practical concerns. Parents going through a divorce or separation and using services such as child contact centres often need further support which could be provided from these sources via CAFCASS. Calls to the Parentline Plus 24 hour free helpline during the October to December 2002 quarter reveal the extent of parents' need for further support and advice when going through this difficult transition. 20% of calls to the helpline during this period were from parents with concerns about the impact of a divorce or separation on their children's contact with the non-resident parent, while 35% of calls were about the impact of a divorce or separation on themselves, a figure which includes parents' concerns about financial and housing issues, residence, parental responsibility and contact.

SIGNPOSTING

  11.  As part of wider support to be offered to parents and children going through a divorce or separation it is also vital that CAFCASS employees are able to signpost parents and families onto appropriate national and locally based sources of information, help and support. Parentline Plus and the National Council for One Parent Families recently undertook signposting training with around 8,500 Child Support Agency staff which proved to be extremely useful to staff and clients. Such training could be made much more widely available.

TRAINING FOR STAFFREPRESENTING PARENTS AND CHILDREN

  12.  As stated in their key objectives, CAFCASS must work to improve and develop the skills of their staff. The voice of children needs be heard in respect of contact arrangements and family court proceedings and properly trained counsellors and advocates should be able to talk to children in a confidential and neutral way about this, while the parents would need to be reassured that the practitioner was independent of either parent. In addition staff must be fully trained to work with parents to help them to negotiate effective cooperative parenting arrangements where appropriate and to support their children through the transitions of family breakdown and change. Only then will CAFCASS be able to ensure better outcomes for children.

Parentline and the National Council for One Parent Families

March 2003


3   Ford R and Millar J, Eds. (1998) Private Lives and Public Responses: Lone Parenthood and Future Policy, London: PSI; and Haskey J (1998) One-parent families and their dependent children in Great Britain, Population Trends 91, Spring 1998, ONS Back

4   Living in Britain (1998) Results from the 1996 General Household Survey, ONS, Table 2.4 Back

5   Figures commissioned by NCOPF by LFS Data Service from ONS Spring 2001 Back

6   Haskey J (1998) "One-parent families and their dependent children in Great Britain" Population trends 91 Spring 1998 c. Crown copyright 2000 Back

7   Liz Trinder, Mary Beek, Jo Connolly (2002) Making Contact: How parents and children negotiate and experience contact after divorce pub. for Joseph Rowntree Foundation by York publishing Back

8   Aris R, Harrison C and Humphreys C: Safety and Contact: an Analysis of the Role of Child Contact Centres in the Context of Domestic Violence and Child Welfare Concerns LCD December 2002 Back


 
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