Written evidence from Cafcass (FC 61)
BRIEFING FOR THE JUSTICE COMMITTEE - 8 MARCH
2011
INTRODUCTION
Following the Justice Committee hearings on 25 January
and 1 March 2011, which heard evidence from witnesses concerning
the operation of Cafcass in the family courts, Cafcass considers
that it may be helpful to provide Committee members with further
information regarding some of the concerns raised.
We have in large part directed our briefing to the
issues related to Cafcass that have been raised by witnesses.
We have also attached, at the end of this paper, Cafcass' February
2011 figures for care applications and private law and care case
information (the latter two are Cafcass Key Performance Indicators
1 and 2 for 2010-11).
Cafcass looks forward to its appearance before the
Committee on 22 March, 2011.
On the issue of delay in family proceedings
At the Committee's 1 March meeting Mrs Justice Pauffley
raised particular concerns about regional variations in Cafcass
performance. She said:
"I think in bad areas that Cafcass is demoralised;
proportionate working has resulted in some officers not attending
final hearings; this is a 'grave problem'."
It may be helpful for members to note that Cafcass'
draft Operating Manual for 2011-13 sets out the requirements placed
by Cafcass on Children's Guardians. These emphasise the need to
undertake their work in a proportionate way: this means "carrying
out no more work than is necessary on each case to meet the requirements
of the court rules and relevant practice directions. The requirement
to carry out necessary work stems from Part 16 of the Family Procedure
Rules 2010 and Practice Direction 16 A".[103]
The Operating Manual gives guidance to staff about
how to interpret the Family Procedure Rules 2010 and match our
available resources to the particular circumstances of a case,
considering, amongst other issues, the quality of the local authority
work and the nature and complexity of the case. Cafcass' Operating
Manual does not give blanket guidance on the attendance at hearings.
Instead, this would be determined on a case by case basis in agreement
with the courts. In the case of fully contested care hearings
(which account for 15% of total care workload) it is generally
the case that Children's Guardians would usually attend final
hearings, unless excused from doing so by the court.
Staff morale is high in some teams and less so in
others. This is dependent upon a number of local factors but it
is inappropriate to arrive at a generalised conclusion.
1. Cafcass requirements for post qualifying
experience of Family Court Advisors
On 1 March, Judith Timms (on behalf of Nagalro) raised
concerns regarding Cafcass' recruitment of experienced social
workers to the role of Family Court Adviser (FCA). Judith suggested
that:
"Cafcass is now recruiting people who have
only two years' post-qualifying experience."
Cafcass' current requirement is that FCAs have at
least three years post qualifying experience. The table below
sets out the length of experience of Cafcass FCAs, comprising
their employment with Cafcass and at least three years pre-Cafcass
post-qualifying experience. It does not include the full length
of post-qualification experience gained by FCAs prior to becoming
employed by Cafcass, since this information is not collected.
| FCA experience |
Percentage | Cumulative (ascending)
| Cumulative (descending) | Numbers
|
| between 3 years and less than 5 years | 16.2%
| 16.2% | 100.0% | 179
|
| more than 5 years less than 10 | 33.1%
| 49.3% | 83.8% | 365
|
| more than 10 years less than 15 | 11.4%
| 60.7% | 50.7% | 126
|
| more than 15 years less than 20 | 10.7%
| 71.4% | 39.3% | 118
|
| more than 20 years | 28.6% |
100.0% | 28.6% | 315
|
| | 100% |
| | 1,103 |
As part of Cafcass' commitment to contribute towards the development
of the social work profession we have recently put in place a
recruitment programme to recruit newly qualified social workers
(NQSWs). We currently employ eight NQSWs, though these workers
will not have any case responsibility for public law care cases
until they have completed three years employment with Cafcass.
Thus, in employing NQSWs in this way, Cafcass has not reduced
its requirement that those undertaking the role of Children's
Guardian should have at least three years post-qualification experience.
The NQSW programme supports new social workers to gain experience,
in line with the views of the Social Work Reform Board, and government
policy.
2. Cafcass' approach to proportionate work and its impact
on caseloads and staff welfare
In his evidence to the Committee on 1 March, Harry Fletcher (on
behalf of NAPO) suggested that although Cafcass leadership understands
the problems it is facing, overall there are deep concerns about
the solution being put forward (i.e. proportionate working and
Cafcass' case allocation practices). He raised the following concerns:
"Although Cafcass says cases are allocated that's not
what staff 'on the ground' suggest - they say they're sometimes
emailed cases and managers hold cases so in reality no work is
actually being done on the case".
As the information set out on page 7 (below) makes clear, Cafcass
is now dealing on a substantively allocated basis (i.e. Children's
Guardian appointed by the court, after being provided with the
name of the member of staff or self-employed contractor) with
12,525 care cases (as at the end of February 2011). There were
also 215 duty allocated care cases and nine unallocated cases.
The equivalent private law figures are set out at page 8 below.
There is a limited degree of case holding by Service Managers.
This sometimes arises where managers have recently been promoted
and there is a need to complete the work allocated to them when
they were practitioners. In addition, some managers like to be
responsible for a small number of cases, in order to maintain
their practice competence. The table below details the number
of substantively allocated cases, before the courts, allocated
to Service Managers as at 8 March 2011:
| Area | Private law
| Public law care | Total
|
| North | 30 | 35
| 65 |
| Central | 7 | 16
| 23 |
| South | 83 | 50
| 133 |
| National | 120 | 101
| 221 |
On 1 March, Harry Fletcher expressed his concerns about Cafcass
expenditure on managers, compared to expenditure on front line
staff:
"Over the last five or six years we have seen a very significant
increase in what we will call senior manager grades. The ratio
in terms of money is about £40 million spent on the front
line and £20 million on managers."
Expenditure (April 2010 - January 2011) on practitioners, business
support staff, Service Manages and senior managers (Heads of Service
and Corporate Management Team members) is detailed below. The
Service Manager expenditure consists of Heads of Service, Service
Manager and the Corporate Management Team. The Practitioners expenditure
includes Family Court Advisors (FCA), Family Support Worker, Newly
Qualified Social Worker, Bank FCA, Self Employed Practitioners
and Agency Practitioners.
| Practitioners | 59,357,863 |
| Service Managers | 11,138,803
|
| Business Support | 15,254,761
|
| Total Workforce | 85,750,708
|
Reference was made by Harry Fletcher on 1 March to a remark
attributed to Anthony Douglas that caseloads may hit 35 if workload
increases continue. Harry Fletcher's understanding is that the
average mixed caseload is around 20 - 25; staff say they work
in the evenings and sometimes weekends
Cafcass is currently trialling, on a national basis for six months
from 1 March 2011, a workload weighting system that has been developed
in collaboration with Napo and Unison, two of the three recognised
unions within Cafcass. Based on joint modelling work between unions
and management undertaken since summer 2010, bandings (below)
have been identified, within which all practitioners' 'Workload
Scores' are situated. The use of bandings is intended to take
account of the fact that no workload weighting system can be precise
enough for it to be appropriate to set a single prescribed ideal
workload score or 'correct' number of cases. It also recognises
that there is no such thing as an average case, and that there
are always peaks and troughs in the intensity of work in individual
cases. As cases progress through their various stages a practitioner's
workload score will fluctuate, in accordance with the different
'weights' attached to the stages of private law and public law
cases.
| Category Banding | Workload Score Range
| % of employed and agency Family Court Advisers in banding (when modelled)
|
| Low: attention required | 18 or fewer
| 15% - approx. 187 staff |
| Low | 18.1 - 27.5
| 15% - approx. 187 staff |
| Expected | 27.6 - 43.5
| 40% - approx. 500 staff
|
| High | 43.6 - 53 | 15% - approx. 187 staff
|
| High: attention required | More than 53
| 15% - approx. 187 staff |
The workloads weighting system is intended to encourage the movement
of staff towards the median position of 35 points within the 'Expected'
band. For the vast majority of staff, this will mean that they
will hold between 12 and 35 cases, depending on their type and
stage. However, Cafcass does recognise that service managers will
need to take proper account of other factors that might affect
a FCA's overall workload capacity, such as their health.
Judith Timms also raised concerns on 1 March about Cafcass approach
to proportionate working in the following points:
"The operational model which is being driven through is
unfortunately misguided in some elements. The emphasis has been
on a process-driven, line-managed system...." Also, she said
that "we are concerned that there are now three categories
of allocation: unallocated, duty allocated and substantively allocated."
On 8 March 2011, one week after the Committee heard this evidence
from Judith Timms Cafcass published, for consultation until 4
April 2011, its draft Operating Manual for 2011-13. There has
never been a previous Operating (or Operational) Manual. Copies
are being sent to Nagalro and other key organisations. We look
forward to receiving their comments, once they have had the opportunity
to consider its contents.
Since summer 2009, as a method of dealing with unprecedented increases
in the numbers of care applications by local authorities, Cafcass
has made use of duty allocations in some cases. However, Cafcass
is increasingly moving towards the use of a single category of
allocation - full/substantive allocation. In public law care cases,
there has been a steady decrease in the number of cases allocated
on a duty basis, which have reduced from 1,121 in May 2010 to
215 in February 2011.
Cafcass defines the categories of allocation as:
— Unallocated
- This category should only comprise brand new cases.
— Duty
Allocated - This category comprises where we will both react to
incoming information and also will take pro-active steps at appropriate
points in time to review the status, needs and level of priority
of the case.
— Allocated
- (substantive or fully allocated) cases where the named worker
will both react to incoming information and take appropriate pro-active
steps and, in addition, will undertake the work that is set out
in the case plan, and also in accordance with the courts' requests/directions.
A substantive allocation includes the production of the case plan
and any required reports for the case. A substantive allocation
is also allocation to an appointment of Children's Guardian by
the court in s31 care, supervision and other relevant Public Law
cases.
3. The focus given to Cafcass' completion
of safeguarding checks
This and other issues were raised at the Committee
meeting, on 25 January 2011, by Barbra Esam (NSPCC) about Cafcass'
focus on safeguarding.
"It seems that Cafcass may be having to focus
all their energies on safeguarding at the expense of putting children's
views into the courts. That is dangerous."
In private law applications all C100 (or other) court
application forms are screened by Cafcass for any indication of
harm affecting children or vulnerable adults. This pre-first hearing
work is necessary in order that Cafcass fulfils its statutory
duty to safeguard children in family proceedings. This work is
also required under the terms of the President's March 2010 Private
Law Programme, to assist the court in identifying those cases
which appear to feature child protection concerns.
In terms of the time involved in completing these
checks the Cafcass National Business Centre (the national centre
for processing all C100s) ensures that every case is transferred
to the responsible local team within two working days of receiving
the C100. A pilot scheme is currently in operation at the National
Business Centre, which involves seconded police staff undertaking
Police National Computer and other checks being undertaken, in
respect of 18 police force areas. The results of all of these
checks are returned to Cafcass within two working days of Cafcass
initiating them. The President's March 2010 Private Law Programme
makes specific provision for this work to be undertaken, as an
essential precursor to decision-making by the courts.
On 25 January, Barbara Esam also raised concerns
that Cafcass practitioners are not spending enough time with children.
"We are hearing anecdotally that there is
less contact time with children. If the Cafcass officer doesn't
have enough time with the child and the family, they are not going
to have enough information to make good recommendations. That
is the worst part."
In all public law care cases and in nearly all private
law cases where the courts request Cafcass involvement after the
first hearing, it is Cafcass expectation that children will be
seen. An exception to this general expectation is where Cafcass
practitioners are required to witness parental consent to adoption.
Cafcass' draft Operating Manual is clear that proportionate
working always requires visits to be made to children and families
where an initial assessment is being undertaken, if significant
new information has been received or a new concern has arisen.
However, given the nature of Cafcass' responsibilities in private
law applications and the specific and time-limited role of the
Children's Guardian in public law care cases, the key issue to
consider is the rationale and focus of direct work with children,
rather than its quantum..
Barbara Esam also raised a concern that there was
an increase in the number of changes' during the life of individual
cases, in Children's Guardians,
"Also, the changes in guardians are very
detrimental to children's outcomes."
Cafcass has no evidence to suggest that there is
a greater frequency in change to the Children's Guardian than
there has been in the past. When changes do occur, the reason
would usually be due to an FCA leaving his/her employment with
Cafcass or due to ill health. In London, Cafcass has recently
acted to mitigate this risk, which has arisen in a small number
of cases where agency practitioners had been working as Children's
Guardians. Cafcass has agreed to fund the work involved in completing
the cases, even though the agency practitioners' assignments to
Cafcass have ended. The need to do this has arisen, in largest
part, because of delays, unforeseeable at the time the practitioners
were allocated to the cases, in their completion.
CAFCASS PUBLIC LAW CARE STOCKS AND FLOW
- FEBRUARY 2011
| Feb-10 | Mar-10
| Apr-10 | May-10
| Jun-10 | Jul-10
| Aug-10 | Sep-10
| Oct-10 | Nov-10
| Dec-10 | Jan-11
| Feb-11 |
| Substantive | 10,383 | 10,518
| 10,760 | 10,974 | 11,243
| 11,493 | 11,609 | 11,986
| 12,256 | 12,366 | 12,406
| 12,387 | 12,525 |
| Duty | 850 | 991
| 1061 | 1121 | 1049
| 1049 | 1017 | 727
| 568 | 435 | 431
| 316 | 215 |
| Unallocated | 430 | 474
| 551 | 422 | 210
| 143 | 159 | 130
| 45 | 18 | 39 |
15 | 9 |
| total workload | 11,663
| 11,983 | 12,372
| 12,517 | 12,502
| 12,685 | 12,785
| 12,843 | 12,869
| 12,819 | 12,876
| 12,718 | 12,749
|
| |
| | |
| | | |
| | | |
|
| | Feb-10 | Mar-10
| Apr-10 | May-10
| Jun-10 | Jul-10
| Aug-10 | Sep-10
| Oct-10 | Nov-10
| Dec-10 | Jan-11
| Feb-11 |
| Substantive | 89.0% | 87.8%
| 87.0% | 87.7% | 89.9%
| 90.6% | 90.8% | 93.3%
| 95.2% | 96.5% | 96.3%
| 97.4% | 98.2% |
| Duty | 7.3% | 8.3%
| 8.6% | 9.0% | 8.4%
| 8.3% | 8.0% | 5.7%
| 4.4% | 3.4% | 3.3%
| 2.5% | 1.7% |
| Unallocated | 3.7% | 4.0%
| 4.5% | 3.4% | 1.7%
| 1.1% | 1.2% | 1.0%
| 0.3% | 0.1% | 0.3%
| 0.1% | 0.1% |
As a result of the continuing rise in Care application demand
since November 2008, Cafcass has seen a steady increase in the
size of the overall national Care case workload, as evidenced
in the above graph. The graph shows the reduction of unallocated
cases, from 430 in February 2010 to 9 in February 2011, and the
decreased number of cases allocated on a duty basis, from 1121
in May 2010 to 215 in February 2011. On the whole, Cafcass is
now dealing, on a substantively allocated basis (Children's Guardian
appointed), with around 21% (or 2,100) more Care cases in February
2011 compared to February 2010.
CAFCASS NATIONAL PRIVATE LAW STOCKS AND FLOWS
| Feb-10 | Mar-10
| Apr-10 | May-10
| Jun-10 | Jul-10
| Aug-10 | Sep-10
| Oct-10 | Nov-10
| Dec-10 | Jan-11
| Feb-11 |
| Substantive | 17,248 | 17,43510518
| 17,146 | 10974 | 19,316
| 20,173 | 19.721 | 20,406
| 21,644 | 21,880 | 22,135
| 22,460 | 23,428 |
| Duty | 5,604 | 7,406
| 8,192 | 8,499 | 7,800
| 7,153 | 7,220 | 6,924
| 5,784 | 4,947 | 4,902
| 4,398 | 3,762 |
| Unallocated | 5,272 | 2,180
| 2,229 | 1,852 | 1,431
| 1,292 | 1,252 | 1,120
| 849 | 706 | 578
| 400 | 263 |
| Total workload | 28,124
| 27,021 | 27,567
| 27,744 | 28,547
| 28,618 | 28,193
| 28,450 | 28,277
| 27,533 | 27,615
| 27,258 | 27,453
|
|
| |
| |
| | | |
| | | |
|
| | Feb-10
| Mar-10 | Apr-10
| May-10 | Jun-10
| Jul-10 | Aug-10
| Sep-10 | Oct-10
| Nov-10 | Dec-10
| Jan-11 | Feb-11
|
| Substantive | 61.3% | 64.5%
| 62.2 | 62.7 | 67.7%
| 70.5% | 69.9% | 71.7%
| 76.5% | 79.5% | 80.2%
| 82.4% | 85.3% |
| Duty | 19.9% | 27.4%
| 29.7% | 30.6% | 27.3%
| 25.0% | 25.6% | 24.3%
| 20.5% | 18.0% | 17.8%
| 16.1% | 13.7% |
| Unallocated | 18.7% | 8.1%
| 8.1% | 6.7% | 5.0%
| 4.5% | 4.4% | 3.9%
| 3.0% | 2.6% | 2.1%
| 1.5% | 1.0% |
Note: At the end of each month, a small number of cases were
held in the Cafcass Intake team. These cases are counted in the
above graph but cannot be attributed to a particular operational
or service area.
CAFCASS CARE DEMAND - APRIL 2006 - FEBRUARY 2011
2009-2010: Care demand remained at unprecedentedly high
levels throughout the year. During the year, Cafcass received
8,825 Care applications. March 2010 saw the highest ever number
of Care applications recorded in an individual month, with 853
applications. As a whole, 2009-10 saw a 36% increase in public
law Care applications when compared to 2008/09.
2010-2011: Care application demand has remained at a very high
level. Between April 2010 and February 2011, Cafcass received
8,239 new applications. This figure is 3.3 % higher compared to
the same period last year. Care application demand for all months
in the current year have been the highest ever recorded by Cafcass
for the individual months except June, October and December 10.
| Month | 2006-07
| 2007--08 | 2008-09
| 2009-10 | 2010-11
|
| Apr | 507 | 497
| 380 | 682 | 692
|
| May | 595 | 569
| 399 | 648 | 686
|
| Jun | 613 | 514
| 369 | 801 | 770
|
| Jul | 569 | 590
| 485 | 791 | 847
|
| Aug | 614 | 542
| 492 | 687 | 775
|
| Sep | 546 | 504
| 483 | 723 | 754
|
| Oct | 606 | 511
| 496 | 725 | 724
|
| Nov | 595 | 539
| 592 | 768 | 819
|
| Dec | 480 | 422
| 719 | 744 | 681
|
| Jan | 558 | 514
| 666 | 668 | 682
|
| Feb | 525 | 502
| 659 | 735 | 809
|
| Mar | 578 | 537
| 748 | 853 |
|
| | |
| | |
| Total | 6,786 | 6,241
| 6,488 | 8,825 | 8,239
|
103
Cafcass draft Operating Manaual (March 2011), taken from Section
1 page 4. Back
|
