2 Data
16. We were critical of the lack of available data
on the family justice system in our Operation of the Family
Courts report, concluding:
This Committee and its predecessor committees have
repeatedly highlighted the need for robust data gathering to allow
the development of evidence-based policy. We were extremely disappointed
by the serious gaps in data that we and the Family Justice Review
found during our inquiries. It is a concern to us that major changes
to the system are being contemplated when there are such gaps
in the evidence base. The Ministry of Justice, in particular Her
Majesty's Courts and Tribunals Service, and the Department for
Education must begin to improve data collation now; without such
evidence, reform of the family justice system could be fatally
undermined before it has even begun. We think the Ministry of
Justice should take the lead on data collation, and we wish to
see a report on progress by the end of 2011.[11]
17. We asked Lord McNally, Minister of State at the
Ministry of Justice, and Edward Timpson MP, Parliamentary Under
Secretary of State (Children and Families) at the Department for
Education, to tell us what progress had been made on data collation,
and whether similar research to that of the Australian Institute
of Family Studies, Evaluation of the 2006 family law reforms
would provide more and better data. Mr Timpson told us:
[...] it is so instrumental that we move to a single
family court system so that there is a more coherent way of collecting
that data. I think you heard evidence yesterday from Mr Justice
Ryder about what he was doing in relation to public law proceedings
in the care monitoring system, which is starting to collate good
and solid information about what is causing delays in individual
cases and how the case management processes are becoming more
efficient but still need more work in other areas. There is a
lot of work that needs to be done.
He also said:
We are keeping a very close eye on the progress that
is being made, and if we need to do more we will, of course, look
at other avenues that we can explore to ensure that the data is
as robust as possible because it is for a purpose. If the data
is achieving the ends that we are looking for, which is a more
coherent, efficient and progressive family court system, then
that will have achieved its aim. It is something that we need
to keep under very close scrutiny. [...][12]
18. We
are pleased to note the progress that has been made within the
family justice system to improve data collation and analysis,
for example the new Care Monitoring System; however, this affects
only the public law sphere.
We recommend
that the Government ensures that the effect of the individual
draft clauses is recorded and analysed as well as the combined
effect of the draft clauses.
We have
found the evidence of the Australian Institute of Family Studies
to be extremely detailed and helpful on a number of private law
topics, as did the Norgrove Report and various organisations.
We recommend
that the Government considers providing funding for a similar
scale project within England and Wales, to pool research and provide
a platform for future policy formation and discussion.
11 HC (2010-12) 518-I, para 27 Back
12
Qq 145-146 Back
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