Meeting Summaries
Family Justice Council - Executive Committee
22 November 2004
Drafting of business plan objectives
Paul Clark suggested that we should "look back" at the Business Plan and only suggest primary objectives that were achievable i.e. Conference, setting up of the local FJCs and policy issues.
Sam Sprague had offered to look at the objectives.
The drafting of a letter to each DFJ informing them of the Council's intention and seeking their involvment and co-operation
Lord Justice Thorpe informed the meeting that he had circulated a letter to all DFJs on behalf of the Committee.
Bruce Clark said that exchanging letters was one way of communicating information but suggested a better method would be to employee a Regional Development Worker. He suggested that it would be worth employing a person(s) to take on the responsibility of liaising with all the DFJs. The role should only be for a limited period until the local FJCs have been set up.
His Honour Judge Cryan thought that the DFJs would find this very useful.
Lord Justice Thorpe also agreed and said that trying to get people enthused took a great deal of time and he has not got the time.
Khatun Sapnara also agreed and said that the success of the local FJCs would seen as a measure of how well the National FJC had done.
Expert training
It was agreed that this item be carried forward to the next meeting.
Bullet point paper from Professor Judith Masson on the role of the Family Justice System. Approval from the Committee sought with a view to the paper being placed on the website.
Professor Masson's paper had been circulated to the members prior to the meeting.
Lord Justice Thorpe raised two points. Firstly it is not possible to produce a list of the number of Family Lawyers, as there is no accreditation. Secondly he did not see CAFCASS advising the Court on the need for experts. He suggested that the paper be circulated to all FJC members and to ask for their comments.
Family Justice Council member's travel and subsistence expenses
The chairman informed the meeting that the President had requested the Executive Committee to make a decision regarding the payment of member's travel and subsistence claims.
A discussion regarding the subject followed. Lord Justice Thorpe said that it depended on the body that the individual was primarily contracted to.
Lord Justice Thorpe said that the more we could protect the FJC budget the more projects it could take on.
Paul Clark said that it was the larger expenses that needed to be covered.
Lord Justice Thorpe said that each case and each member should be dealt with individually with regard to the FJC budget reimbursing them.
Sheridan Greenland said that if it was an outside Council event then prior authorisation should be obtained from either the Chair or Deputy Chair. A list of agreed events should be given where T & S would automatically be paid.
Elaine Laken suggested it should be the 4 FJC meetings and any expenses incurred if a circuit representative.
Mark Ormerod suggested that members should look to their own organisation first although there should be blanket authority for some events.
Local FJC areas
His Honour Judge Cryan said that the area that was causing the greatest amount of difficulty was the ticketing of the Justices. This had been put back for 1 year as there is already a body of Justices and the transition arrangements allow for them to carry on for the time being. There was no need for the FJC to have any input at this stage.
Funding for local FJCs
Lord Justice Thorpe said that he would like a steer on budget from the local Designated Family Judges and that a letter had been circulated.
Mark Ormerod said that he was trying to sort this out.
Her Honour Judge Newton said that depending on where the administrative support for local Family Justice Councils came from then it may not be too expensive.
Consultation papers and responses
It was agreed that the Chair of the FJC would respond or delegate the consultation paper to a Council member.
Any other business
Lord Justice Thorpe raised the matter of the Dartington Conference which is to be held from 30 September - 2 October 2005 and that it's organisation had been delegated to the Interdisciplinary Committee. The meeting was informed that the Interdisciplinary Committee were due to meet that afternoon and would want to know who was going to fund the conference.
A discussion followed as to funding in previous years.
Lord Justice Thorpe said that the cost of the Conference had always been shared between the DCA and Health but that Education and Skills now also contributed. If the cost were now a 3 way split then maybe the DCA would expect the FJC to pay.
Mark Ormerod said that he had assumed the Conference would be paid out of the FJC budget.
Bruce Clark said that the last Conference had been a 50/50 split and the two before that had been 1/3 DCA and 2/3s DoH. He also said that when the FJC had come into being no assumption had been made that the Interdisciplinary Committee or the Conference would still exist and therefore no thought as to who would pay for it.
Lord Justice Thorpe said that it would be very sad to see the Dartington Conference wound up as it had proved to be useful and of good value.
Her Honour Judge Newton asked how many delegates attended.
Lord Justice Thorpe replied that it was between 60 and 70 and that the Conference lasted from lunchtime on the Friday until lunchtime on the Sunday.
Bruce Clark said that accommodation and travel expenses were paid and it would be a shame to throw away something that was so good.
Lord Justice Thorpe said that it would work out at about £7,500 per year.
Khatun Sapnara commented that it was an extension of the work of the FJC.
Lord Justice Thorpe informed the meeting that the President was keen on a joint venture by the Family Justice Council and the Criminal Justice Council to tackle the problem of experts. She had suggested a 1 day conference in either June or July 2005 involving DCA, DoH, DfES, Home Office, Criminal Law Bar Association, Family Law Bar Association and the JSB all to tie into Liam Donaldson's report to Government on Experts in Family Justice and also Helena Kennedy's report. It was anticipated that there would be approximately 200 delegates.
Lord Justice Thorpe said that we needed to be 100% sure that big speakers would attend and that there would be support from the JSB and bar associations etc with the possibility of the conference being a CPD event. It would take a lot of determined enthusiasm and suggested that an individual from the secretariat along with a volunteer from the Council be responsible for organising the event to ensure it was a major coup for the FJC.
Her Honour Judge Newton said that the DCA might be interested in contributing to the funding following on from work regarding the Climbie Report. If the conference covered a wider agenda then it may fit more closely with Government objectives and we may get funding.
Mark Ormerod asked what the FJC budget was actually being spent on.
Lord Justice Thorpe said that the FJC would not underwrite across board funding and that he was not sure how big other budgets were.
Paul Clark said that we needed to start work and not just raise the issue. He suggested that protocols about best practice and when to and when not to use an expert should be produced.
Lord Justice Thorpe informed the meeting that a DCA Experts Users Group had met in August and October. The group is gathering statistics to show which area of expert is used and not used.
Sheridan Greenland said that we needed to look at the priorities for the year ahead, aims and objectives and then see if we can support a conference.
Lord Justice Thorpe said that he brought the idea on behalf of the President and that if members where not supportive then they should say so.
Elaine Laken asked when the budget ran from. Lord Justice Thorpe said July to March 05.Mark Ormerod thought that it ran for longer and would check.
Bruce Clark said that we needed to look at experts and disclosure sharing. If too many things were attempted then we would lose focus. He said that the FJC should not sell itself short. Commercial companies would want to be associated with the FJC and use its name and could be a possible source of funding.
Lord Justice Thorpe raised the issue of minute circulation and it was agreed that minute summaries would be placed on the website.
Lord Justice Thorpe informed the meeting that he was keen to use the Family Law Journal as a means of publicising the work of the FJC. It was agreed that they would receive a minute summary of each meeting.
Lord Justice Thorpe asked for suggestions for the theme of the Dartington Conference.
Elaine Laken suggested Adoption and Fostering Performance. Her Honour Judge Newton suggested the Mental Incapacity Bill and Mental Health Issues. Bruce Clark suggested Planning for Permanence.
Lord Justice Thorpe commented that he thought Planning for Performance was sufficiently broad. Paul Clark said that the issue was not planning but delivering.
Her Honour Judge Newton suggested Planning for Children. His Honour Judge Cryan suggested ADR for Children.
Elaine Laken asked who would be running the conference in June.
Lord Justice Thorpe said that he would take back the views of the committee to the Interdisciplinary Committee and that a person was needed who was prepared to take the lead in energising the whole thing.