Supplementary written evidence submitted
by Rosie Winterton MP, Parliamentary Secretary, Lord Chancellor's
Department (CAF 64)
INQUIRY INTO
CAFCASS
Thank you for your letter of 28 May, in which
you asked for further information following my appearance before
the Committee on 22 May. I am responding to that here as well
as the points raised during my appearance.
Your letter asked for a copy of the job description/person
specification used during the recruitment of the first CAFCASS
Chief Executive. A copy is enclosed (Annex A).
It also asked about my knowledge of the child
deaths in Plymouth and Birmingham. I understand you have raised
a similar point with CAFCASS and they have advised you of the
procedure which operates in such cases. I cannot discuss the circumstances
of individual cases. However I can say that CAFCASS has kept me
in touch with developments in these cases and it is a subject
discussed at my meetings with the Chair and Chief Executive.
At the hearing the Committee asked for further
information as to what characteristics we would expect Board Members
to demonstrate, and invited me to put forward any further information
on the issue of the delay in allocation of CAFCASS guardians in
public law cases. This letter gives me the opportunity to comment
on these issues.
The Lord Chancellor appoints the Chair and Members
of CAFCASS's Board. The Board has responsibility for establishing
CAFCASS's strategic direction within the policy framework and
resources agreed with the Lord Chancellor and the key objectives
he sets for the Service. The role of Board members is set out
in the Framework Document. I attach the relevant excerpt (Annex
B).
The types of background experience expected
from individual members is set out in Regulation (The Children
and Family Court Advisory and Support Service (Membership Committee
and Procedure) Regulations 2000). The Regulations provide that:
"3(1) When appointing members the Lord
Chancellor shall have regard to the desirability of ensuring that
the Service includes persons with expertise in or knowledge of
(b) business and finance;
(c) social conditions relating to children
and families; and
(d) the work of the courts."
Most of the current Board were appointed following
a rigorous and wide recruitment exercise run in 2000. I attach
the "person specification" used in that exercise against
which all candidates were assessed. This recruitment was run within
Nolan principles and OCPA guidelines on best practice. There was
a strong field of applicants and the resultant Board contains
members with various skills and strengths as well as diverse backgrounds.
Within the current Board there is much experience
of the voluntary sector, local authorities and NHS bodies. Experience
of work relating to the social conditions of children features
commonly. Many of the members were managers, often senior managers,
in the organisations they worked in. In addition, they have the
practical skills needed for running an organisation whose remit
stretches across England and Wales. There is a very experienced
family solicitor working mainly in family law work, two members
are qualified social workers, two have accountancy qualifications,
and several have worked as management consultants in business
and voluntary sector environments.
The Board must take collective responsibility
for the strategic direction and management of CAFCASS. It must
contribute to internal debate on policy and improving service
performance and oversee the delivery of results. It must also
represent CAFCASS: promoting the policies of CAFCASS externally
and bringing back into the Service the views of others. The Board's
range of experience gives it the qualities and background to put
in place these strategic links. It must and it does value the
wealth of experience of its practitioners; but it must also be
able to focus outwards to those who receive CAFCASS's services
and work with CAFCASS in delivering those services. These criteria
allow for a wide range of experience and backgrounds (something
that the Nolan principles actively encourage).
All members are highly committed to the underlying
founding principles of CAFCASS, approaching the role with energy,
drive and determination. They are keen for it to focus on the
needs of children and develop that focus within the work of the
Service, something that I am sure that we all wish to see.
During my oral evidence to the Committee it
was suggested that the proposed target of two days to allocate
a guardian was a diminution of service since it had previously
been the case that allocations were made within 24 hours. Evidence
about previous performance is, however, scarce. One improvement
CAFCASS is making is collecting this information nationally. It
is not the case that pre-CAFCASS service provision was totally
problem-free. CAFCASS's Director of Legal Services, Charles Prest,
worked in private practice in Leeds between 1994 and 2001 and
recollects commonly being contacted by a guardian panel manager
or administrator and asked to represent children in the certain
or likely absence of a guardian ad litem at the hearing of an
emergency protection order later that day or the next morning.
He also recollects at least two instances during the same period
when delays in identifying a guardian ad litem ran into several
weeks, well into the early stages of care proceedings. The proposed
target of two days is challenging and will, if achieved, ensure
all vulnerable children are allocated a guardian promptly. Of
course any child or case with particular urgent need of an allocation
would be given priority for immediate allocation.
The reasons for delay in allocation are complex.
They include a higher level of demand than was faced by those
services which existed pre-CAFCASS. The President of the Family
Division, in her oral evidence, told the Committee of a surge
in public law cases over the last few months and during last year.
CAFCASS has recorded a particular increase in care case requests
(the more complex of public law cases). In the six months to March
2003 they saw a 15% increase over the corresponding period to
March 2002.
There is no complacency about, or acceptance
of, structural delays in the appointment of guardians in public
law Children Act proceedings. In terms of its present caseload,
CAFCASS is broadly matching guardian allocation to case inflow.
In March 2003, CAFCASS reported allocating guardians to 95.5%
of the new cases received. In the same month 69.2% were allocated
within seven days of receipt. The position varies across the country
both in terms of backlog of cases and speed of allocation. In
March, in respect of public law cases, London, the North East,
Yorkshire and Humberside, and Wales accounted for approaching
three quarters of the March unallocated total across England and
Wales. At the same time there were four regions which allocated
more cases than they received requests.
It is also important to appreciate that even
if there is no Children's guardian allocated at the start of a
case the child is not unrepresented. There is always a specialist
solicitor, from the Law Society's Children panel, appointed for
the child who fulfils that role, although they cannot bring the
direct social work expertise that a guardian can. Mr Justice Charles
commented in the recent judgment in the Judicial Review concerning
the legality of allocation practice that "The points I have
made as to the role and powers of the court and the overlap between
the roles and expertise of the guardian, a solicitor and the court
indicate that [an obligation to allocate a guardian immediately]
is not warranted".
The key issue is availability of practitioners
to take the cases and, as the Committee has heard, in the last
year CAFCASS have taken wide-ranging action to improve capacity
and address delays in appointment of practitioners. These include
the new self-employed contract for guardians with increased hourly
rates, and new and improved "harmonised" contracts for
employed practitioners with increased pay and progression opportunities.
These measures have, in turn, assisted CAFCASS's programme of
significant staff recruitment. CAFCASS now have 1,285 employed
practitioners compared with 1,125 in April 2002. Finally, where
capacity problems have been most acute, CAFCASS have used agency
staff. New recruits take time to build up their capacity, but
the benefits will be progressively seen in the months ahead.
In the months to come, CAFCASS will undertake
further measures to improve practitioner capacity. These include
further planned recruitment. The Service is also developing a
"bank" scheme under which employed staff may work for
CAFCASS for periods of time which suit their circumstances and
in which staff have shown substantial interest. CAFCASS have set
aside £1.7 million in the budget for Regions with particular
problems to apply for additional funding to address backlogs.
Convergence training, following the new harmonised contract, will
skill practitioners to take on both public and private law cases,
increasing flexibility of response to increasing demand and, in
turn offer them more development opportunities.
CAFCASS fully recognises that its duty is to
make guardians available to safeguard and promote the welfare
of children involved in specified family proceedings. CAFCASS,
and I, take delays in allocating guardians very seriously and
CAFCASS is doing all it can to increase capacity amongst practitioners
to handle cases.
Delay in reaching a conclusion to a child's
case is not, of course, solely due to the availability of a guardian.
Other factors such as the use and availability of experts, delay
in the preparation of the local authority etc. will all lead to
delay in the important decisions about the child's future being
reached. That is why the Department is working closely with the
Judiciary and family lawyers and social services departments to
develop a Protocol on managing care cases which is scheduled to
be formally announced later this month. It will set a guideline
of 40 weeks for the conclusion of care cases, provide for judicial
management of the whole case from end-to-end, and make clear the
action and timescales expected of the Courts, the Local Authority
Social Services Departments and CAFCASS. Within that will be the
target for CAFCASS to allocate cases to a guardian within two
days. As I said above, that is an ambitious target which will
not be achievable across the country in all cases but shows the
commitment of CAFCASS to prompt allocation. Coordinated and integrated
action between all the agencies involved in these cases, as well
as specific actions by each agency, will be needed if the overall
target is to be achieved.
Ultimately the key to CAFCASS delivering faster
allocation of guardians, augmented by the actions CAFCASS is taking
to increase capacity, will be reductions in the overall case duration,
planning and management of hearing times and dates, and clear
presentation of the case from Local Authorities. If the parties
in the system can work together to achieve that, it should reduce
the time commitment that guardians need to devote to each case.
This in turn should mean increased case flow, and capacity and
availability of CAFCASS practitioners to handle more cases.
Rosie Winterton
April 2003
Annex A
CHIEF EXECUTIVE
JOB DESCRIPTION
Primary role:
Reporting to the Chair, the Chief Executive
has responsibility under the board, for the overall organisation,
management, and staffing of CAFCASS and for its procedures in
financial and other matters, including conduct and discipline.
He/she will need to ensure mechanisms exist to facilitate probity
and best value for money on spend. The Chief Executive will provide
strong leadership to the organisation, managing substantial change
in a robust but sensitive manner, with full regard to the inherent
cultural differences which will exist when the organisation forms.
He/she must have a strong customer focus and the ability to handle
a wide-ranging, high profile customer base which includes the
courts, children and their families.
In addition
Principal Accounting Officer responsibility:
The Chief Executive will be responsible to Parliament
and the accounting officer of the Lord Chancellor's Department
for the resources of CAFCASS. This includes taking personal responsibility
for the propriety and regularity of the public finances for which
they are answerable, for keeping proper accounts, for prudent
and economical administration, for the avoidance of waste and
extravagance and for the efficient and effective use of all the
resources in their charge.
Implementing Strategic integration of services
transferring to CAFCASS:
In conjunction with the Chair, the Chief Executive
will be responsible for maintaining the momentum already achieved
in beginning to integrate the work of the three services transferring,
ensuring that there is no loss of service in the process and that,—quality
of service to be delivered is enhanced overall.
Monitoring Performance:
The Chief Executive will ensure the efficient
and effective management of CAFCASS resources in response to targets
set by the board under the direction of the Lord Chancellor. The
Chief Executive will ensure that the senior management team appointed
is of good enough quality for the tasks to be performed, and will
manage the senior management team with integrity and skill, using
the most effective methods.
Person Specification
Eligibility criteria:
Essential:
— A strong and dynamic leader with
board experience and experience of leading a major public or private
sector organisation as Chair or Chief Executive (in a general
management role).
— Demonstrable track record of managing
and directing a substantial enterprise through a period of change.
— A record of practical achievement
in the business, public or voluntary sectors.
— Experience of modern management techniques
(HR, finance, planning, IT, e-business).
— Experience of managing substantial
budgets.
— Experience of managing large numbers
of people particularly professional staff.
— Ability to manage and challenge a
diverse group of professionals.
— Experience in a customer orientated
environment.
— The ability to command respect and
authority as an individual and to lend credibility to the work
of CAFCASS. This includes establishing relationships with judiciary
and relevant interest groups.
— A demonstrable commitment to Valuing
Diversity.
— Experience of a high profile role
with representative responsibilities, which will include dealing
with the media.
— Integrity and discretion.
— Excellent analytical powers and negotiating
skills.
— A demonstrable commitment to customer
care.
— Forecasting and bidding for funds.
Desirable:
— Experience of working at a senior
level in the wider public sector, a national voluntary organisation
or an equivalent role in the private sector.
— Knowledge of the justice system.
— Experience of start-up systems.
Annex B
2.6 THE CHAIR
OF CAFCASS
2.6.1 The Chair is appointed by the Lord
Chancellor in accordance with Central Government guidance on public
appointments. This ensures that all public appointments are governed
by the principles of merit with independent assessment, openness
and transparency of process. The Chairman will be appointed for
a fixed period that does not extend beyond the terms of membership
(see 2.7.1 below). The terms and conditions of the appointment
are determined by the Lord Chancellor.
2.6.2 The Chair of CAFCASS is personally
responsible to the Lord Chancellor for ensuring that CAFCASS's
policies are compatible with those of the Lord Chancellor and
for probity in the conduct of CAFCASS's affairs
2.6.3 The Chair has a particular responsibility
for providing effective strategic leadership on the following
matters in particular:
(a) formulating and overseeing CAFCAS S"s
strategy for discharging its statutory duties, ensuring that the
Court and Family Advisory and Support Service is developed in
line with the Lord Chancellor's objectives;
(b) ensuring the efficient and effective
use of staff and other resources throughout CAFCASS;
(c) representing the views of CAFCASS to
the general public;
(d) working with the Department to advise
the Lord Chancellor on appointments to CAFCASS, appraising the
performance of individual CAFCASS members and providing a written
assessment of their performance when they are being considered
for re-appointment to CAFCASS; and
(e) advising the Lord Chancellor on the appointment
or dismissal of a Chief Executive, and monitoring the performance
of the Chief Executive.
2.6.4 The Chair should ensure that all members
of CAFCASS, when taking up office, are fully informed on the terms
of their appointment and on their duties, rights and responsibilities
at the time of appointment.
2.7 MEMBERS OF
CAFCASS
2.7.1 The members of CAFCASS are appointed
by the Lord Chancellor in accordance with Central Government guidance
on public appointments. This ensures that all public appointments
are governed by the principles of merit with independent assessment,
openness and transparency of process. Members will be appointed
for a fixed term of not more than four years but may be reappointed.
No member will serve for periods totalling more than eight years.
The terms and conditions of the appointment will be determined
by the Lord Chancellor.
2.7.2 CAFCASS members have corporate responsibility
for ensuring that CAFCASS complies with any statutory or administrative
requirements for the use of public funds. Other important responsibilities
of CAFCASS members include:
(a) ensuring that high standards of corporate
governance, including financial, operational and compliance controls
and risk management, are observed at all times;
(b) establishing the overall strategic direction
of CAFCASS within the policy and resources framework agreed with
the Lord Chancellor;
(c) ensuring that CAFCASS operates within
the limits of its statutory authority and any delegated authority
agreed with the Department, and in accordance with any other conditions
relating to the use of public funds;
(d) ensuring that, in reaching decisions,
CAFCASS has taken into account any guidance issued by the Department;
and
(e) appointing ,with the Lord Chancellor's
approval, a Deputy Chairman and,
(f) appointing, with the Lord Chancellor's
approval, a Chief Executive to CAFCASS.
2.7.3 Members of CAFCASS may be called upon
to chair various CAFCASS's working groups, which are charged with
developing strategies for prioritising advice and support and
building partnerships with other stakeholders, and committees
of CAFCASS. There is a regulatory requirement to establish an
audit and a finance sub-Committee from its members. The CAFCASS
chair is also Chair of the Finance Committee but may not be a
member of the audit Committee.
2.7.4 A list of matters, which are reserved
for CAFCASS's decision, should be agreed with the Department and
maintained by both CAFCASS and the department. It is CAFCASS's
responsibility to alert LCD at an appropriate time if there is
any proposal that extends beyond the agreed terms which they judge
may nevertheless be an issue that the Lord Chancellor or his Department
may want to take a view on or be aware of.
2.7.5 Members of CAFCASS (including the
Chair) must not give the Chief Executive instructions which conflict
with his or her duties as CAFCASS's Accounting Officer.
2.7.6 Members of CAFCASS (including the
Chair) must adhere to CAFCASS's Code of Best Practice and Rules
of Conduct for Members of CAFCASS. Any alleged or suspected
breach of duty will be dealt with in accordance with the disciplinary
procedures determined by the Lord Chancellor and set out in the
Code of Best Practice.
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