Written evidence submitted by the Justices'
Clerks' Society (CAF 44)
RESPONSE TO
CAFCASS ENQUIRY
The Justices' Clerks' Society is pleased to
respond to the request for comments. Although the Society appreciates
the six key objectives have been set, it is vital to simply address
the need for CAFCASS to provide the courts with the most basic
service—that is to be in a position to allocate a CAFCASS
Officer to a public or private law case within a reasonable period
(say 48 hours of the request) and for the officer assigned to
be experienced, trained and competent to deliver a report and
fulfil all their duties set out in the FPC (Children Act 1989)
Rules 1991 (applicable to family proceedings courts—similar
rules apply to County and High Courts).
The Society's members, particularly in the South
East, report chronic problems of delays in appointments and new
recruits without the same experience as before. The Society feels
that, unless and until CAFCASS can deliver this basic role, any
suggestion of expanding their services would be futile.
The role of children's guardian was introduced
following the Maria Colwell enquiry and the need for an independent
voice for the child in public law proceedings is vital. The Children
Act 1989 and the new Adoption and Children Act 2002 states that
delay is likely to be prejudicial, and it is costly to the family
justice system. The delays occasioned through failure to allocate
cases and the potential danger to the safety and welfare of children
needs to be addressed and tackled urgently.
The Society would be pleased to assist in any
way it can.
March 2003
| 
