Supplementary written evidence submitted
by NCH (CAF 70)
GENERAL COMMENTS
We would like to refer to our submission of
March 2003 and the evidence given before the committee by Vicky
Leach, NCH Family Mediation & Children's Support Services
Adviser on the 29 April 2003. This supplementary submission clarifies
NCH's views with regard to several issues that there was insufficient
time to address during the oral evidence session.
CAFCASS's primary duties, set out in the legislation,
appear to be confined to families in the family court process,
but family transition and the conflict that sometimes attends
it is a process, not an event. Family transition cannot be confined
to the court forum so it is important to consider CAFCASS's duties
in respect of families before, during and after any court process.
Services also need to be available to families who experience
difficulties and require support but who do not come to the attention
of the family court. All provision must be evidence-based.
Children in both public and private law proceedings
can be at risk of harm and in need. Child protection doesn't only
feature in the public law forum. Issues of child protection often
present in private law and are often identified in family mediation
practice. NCH's view is that in these situations, the court process
does not generally facilitate effective ongoing parenting arrangements.
Recently published research ("Making Contact—how parents
and children negotiate and experience contact after divorce"
by Trinda, Beek and Connolly and the "Making Contact Work"
report from the Family Law Act Advisory Board) highlights the
need for a range of flexible services that accommodate the needs
of families and their children. These are required if children's
emotional, psychological, educational and healthy development
are not to be put at risk. "Families in Conflict—the
perspectives of children and parents on the family court welfare
service' by Buchanan, Hunt, Bretherton and Bream highlights children
and families dissatisfaction with the present system.
The issues dependent on the management of family
transition have long been identified through research and practice.
The organisational objectives and powers of CAFCASS do not currently
enable CAFCASS to meet the demands implied by the "S"—the
support function. NCH's view is that CAFCASS is unable now and
possibly in the future to discharge the strategic role envisaged
for them in "Making Contact Work".
UN CONVENTION ON
THE RIGHTS
OF THE
CHILD 1989 ARTICLES
3, 5, 8, 9, 12, 13, 18, 19 AND
27 AND ARTICLES
8, 10, 12 AND 14 OF
THE HUMAN
RIGHTS ACT
1998
These provisions impose obligations that will
be required to be fulfilled by CAFCASS as, increasingly, issues
arising from them will fall to be determined by the family court.
The provisions relating to the separate representation of children
in private law proceedings will require resources and the development
of skilled child inclusive practice by CAFCASS. NCH does not believe
that CAFCASS reporters will be able to meet these challenges until
they are provided with the necessary professional practice development
training and ongoing supervision. In "Putting Children and
Young People First—CAFCASS corporate plan 2003-06",
"our purpose" states that CAFCASS exists to ensure children
and young people are put first in family proceedings and are properly
heard. NCH's view is that this purpose cannot be achieved by CAFCASS
as it currently operates.
PUTTING CHILDREN
& YOUNG PEOPLE
FIRST—CAFCASS'S
CORPORATE PLAN
2003-06
In the section of the corporate plan termed
"our ambitions" CAFCASS seeks to remedy current service
shortfalls and to provide a consistent level of service across
the country in both public and private law. Specifically, it commits
itself to:
"Deliver evidence-based practice, informed
by knowledge, research and evaluation of what best meets the needs
and interest of children.
Become recognised by our partners for providing
a high quality service and working together with them to improve
services.
Refocus some of our resources to provide more
support for children and families at the early stage of proceedings
to reduce adversarial conflict and promote better outcomes for
children and families.
Match our resources to demands placed on us so
that our service is efficient and effective for all those we serve."
Because of the reasons set out in our written evidence
to this Inquiry we do not believe that these ambitions are achievable.
"DEVELOPING
OUR REMIT"
Given the range of interventions and services
required, we believe it is crucial that CAFCASS's operational
and funding decisions do not undermine those of other bodies such
as the Legal Services Commission in its provision of conflict
resolution services. The challenges CAFCASS faces can only be
met through the Lord Chancellor's Department working strategically
with CAFCASS and the Legal Services Commission.
Vicky Leach
NCH Family Mediation and Family Support Adviser
May 2003
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