Meeting Summaries
Council Meeting
24 January 2005
Present:
The Right Honourable Dame Elizabeth Butler - Sloss(Chairman)
The Right Honourable Lord Justice Thorpe (Deputy Chair)
Lord Justice Potter
Mrs Justice Baron
His Honour Judge Cryan
Her Honour Judge Lesley Newton
District Judge Nicholas Crichton
District Judge Marilyn Mornington
Malcolm Richardson JP, Magistrate
Mrs Elaine Liken, Justices Clerk
Mr Stephen Cobb QC, Family Barrister
Ms Khatun Sapnara, Family Barrister
Ms Katherine Grieve, Family Solicitor, Public Law
Mrs Jane Craig, Family Solicitor, Private Law
Vicky Leach, Family Mediator
Dr Rosalyn Props, Consultant Community Paediatrician
Dr Dania Glaser, Consultant Child and Adolescent Psychiatrist
Paul Clark, Director of Children's Services, London Borough of Harrow
Professor Corinne May-Chagall, Lancaster University
Ms Mary MacLeod, National Family & Parenting Institute
Professor Judith Masson, Warwick University
Simon Hick son, Home Office
John Graham, Home Office
Bruce Clark, Department for Education and Skills
Sheridan Greenland, Area Director, Unified Courts Administration
Jane Booth, CAFCASS
Peter Clarke, Children's Commissioner for Wales
Angela Lake Carroll, Legal Services Commission
Terry Grange, Chief Constable
Cara Mitchell-Langford, DCA (pomp only)
Paul Jackson, DCA (pomp only)
Georgina Fletcher-Cooke, Department of Health (pomp only)
Mark Romero, Department of Constitutional Affairs (pomp only)
Amy Nicholls, Department of Health (pomp only)
Secretariat:
Sam Sprague (Secretary)
Laura Russell (Assistant Secretary)
Shan Mara (Executive Assistant)
Apologies:
Hilary Samson-Barry, Department of Health
Janet Douglas, Foreign and Commonwealth Office
1.1 Welcome, announcements and apologies
The Chair introduced Lord Justice Potter as her successor and also that she was officially now Head of Family Justice and that the deputy chair was deputy head of Family Justice and head of International Family Law. Simon Hickson was introduced as a new member of the council.
An agreement has been signed with Egypt and a register will be kept of problems hampering child access.
Council members were reminded of their obligation to attend meetings, even if these were in an unpaid capacity.
2 Minutes of the conference: 7 & 8 October 2005
The spelling of Corinne May-Chahal's name is to be amended.
The minutes were approved.
The Deputy Chair referred to page 5 of the minutes and said that the executive commitment to frame the objectives for the business plan.
However the Secretariat are awaiting the priorities to be determined from today's meeting before formulating the business plan.
The Deputy Chair asked if there had been any progress on the second edition of 'Working in the Family Justice System.' Khatun Sapnara confirmed that a £6000 advance was required for a bulk order of 300 copies at £30 each.
On point 10.3 of the minutes, Elaine Laken was producing a paper on criminal/family interface.
On point 10.4, Vicky Leach sought clarification on whether she should still be a member of the Child Contact centre Working Party as she was no longer worked for the NCH. This would be clarified later.
3.FJC Relationship with the Family Procedure Rule committee in particular the sub-committees
It has emerged that the FJC needs a much closer working relationship with the FPRC
and there must be a direct relationship between PARAG and the FPRC. The
topic of EXPERTS was of importance because rules would be made relating to them. The other topic of interest was Brussels 2A which comes into effect on 1st March and the rules relating to this would have to be out before then. The rules regarding the Civil Partnership Bill and Transgender legislation were all going through the FPRC.
One particular issue was the privacy of court hearings and the Chair has given her own personal view to the Select Committee on Constitutional Affairs.
It was agreed that PARAG for the time being at least, should be a sub-committee of the FPRC and the FJC. A representative from PARAG should attend the next Rule Committee meeting when they would be discussing ancillary relief rules
Action: Secretariat to inform FPRC that PARAG should be a sub-committee of the FPRC and the FJC.
4. Admission of the public to and reporting restrictions on family proceedings
There was much discussion on this. Concerns about medical confidentiality and the presence of the Press as lay people outside the proceedings were raised. The impact of press reporting on children and families was also discussed. It was agreed that the government’s 1993 paper on Disclosure be circulated to the council. Responses to this are to be sent to the secretariat for the Executive committee to consider.
This matter is to be an agenda item at the next FJC meeting 18 April.
Action:
1.Privacy of Court hearings to be an agenda item at the meeting on 18 April 2005.
2.The 1993 consultation paper to be circulated to all members
3.Executive Committee to look at the Disclosure Consultation paper. Members who were not going to respond through their organisation should send their views to Laura Russell for the Executive Committee to consider.
5. Arran Poyser's letter
Arran Poyser wanted agreement on a set of key objectives and aims for the Family Justice System. It was agreed that it was important not to get confused between the aims and objectives of the Council and the System. The latter's objectives were much wider and more difficult to establish. The objectives of both should be consistent, otherwise it would be deeply problematic. It was agreed that a working party would be formed to consider this.
Action
1.Working party to consider objectives of family justice system.
2.Elaine Laken to write with suggestion of small working party to look at current issues in domestic violence.
6.Update from the Dartington working group
The council were updated on progress regarding the conference and informed that council members and those on the interdisciplinary would be given priority with regard to invitations.
7.Formation of a technology group to look at the needs of the family courts
There has been concern for some time about how outdated the court IT packages for family. The Commercial Courts' IT systems were ahead in this area. It was agreed that that what was required was a system which incorporated both judicial and administrative needs and a package which would include future requirements and not just short term ones. It was suggested that what was needed was a small group of people who could determine the business needs of the court.
Action: Working Group to report back at the next meeting on the IT aspirations for the Family Justice System
8.Research agenda
At the last meeting there had been a brief discussion on the dissemination of research.CAFCASS already produced a quarterly electronic bulletin. It was suggested that an amended research bulletin be available to the public via the FJC website. there would only be a one off payment of £750 required from the FJC and that CAFCASS would bear all other costs.
Action: Professor Masson to enquire how quickly this imitative could be put into practice and then Secretariat to profile into the budget.
9.Balint groups for Judges
Deputy Chair enlightened Council members about Dr Balint and his development of a method to help general practitioners cope with the stresses of an isolating professional life .DCA were willing to run a pilot. There have been recent discussions between Hedley J and Dr Zachary who is willing to be a service provider. There was an immediate opportunity if funding was available and if not, it could be funded from a future budget.
10. Regional workshops
It was stated that the Joint Ministerial Strategy Group was looking at protocol and delay in courts. The Group had come up with the idea of regional workshops run by the DCA involving the judiciary, barristers, magistrates and an element of social services. It was felt that the training should be interdisciplinary but judicially led. It was suggested that the running of workshops would be a good initial task of the local FJCs to focus on.
Action: Working Group to produce a programme on the way forward.
11. Report from Angela Lake-Carroll regarding the Dartington Fellows Conference (P5 Item from the October Conference)
Both Angela Lake-Carroll and Elaine Laken attended the Dartington Fellows Conference. She said that the key messages were to look at unification and that it should be driven nationally, but delivered locally. The need for research evaluation was also important. The issue of competencies for professionals and it was suggested that these be put onto the FJC website. However this would have to be negotiated with the key stake holders such as the Family Bar Association, CAFCASS, Local Authorities and the Legal Services Commissions in relation to contracts.
Action: Agenda item to be carried forward to the FJC meeting 18 April 2005
12.Link between family mediation and the FJC
It was said that an issue had arisen in the context of the Green Paper on Parental Separation, Children's Needs and Parental Responsibilities and that conflict resolution would place more pressure on out of court mediation. It was vital that this message be reiterated by the FJC to government and the fact that it was not possible to have a preferable way of dealing with disputes. Council approval was given for Vicky Leach's paper to be sent to the Constitutional Affairs Select Committee
Action: The Secretariat to forward Vicky Leach's paper to the Constitutional Affairs Select Committee.
Mediation and Private Law to be a future agenda item.
13.Voice of the child
Peter Clarke discussed his paper. An allocation in the budget was necessary to support the proposed mechanisms in his paper. The estimated costs are between £5000 to £10,000. A group needed to be formed and local FJCs needed an outline on the proposed framework.
Mary Macleod referred to pressure from Parents Groups asking what representation they will have. Mary Macleod agreed to produce a paper for the next meeting.
Action: Peter Clarke to prepare a paper for the meeting on 18 April 2005 as to the way forward.
Mary Macleod to prepare a paper for the meeting on 18 April as to Parents Groups Representation.
14.Experts
Stephen Cobb QC discussed his paper which identified current initiatives addressing the issue of expert evidence in family cases. It sought to link the key issues which are affecting the recruitment and training of experts and delivery of expert opinion. The paper also considered alternative approaches in addressing the issue. The FJC had an important role in the promotion of strategies to improve the supply and quality of experts.
14.4Georgina Fletcher-Cooke, Department of Health
Georgina Fletcher-Cooke said that the Chief Medical Officer, Professor Liam Donaldson was looking at public and judicial confidence in the quality of experts and the issue of supply. There was broad agreement among medical experts, clinicians and key groups that there could not immediately be an optimum supply of skilled experts.
Experts also needed to be able to demonstrate forensic skills, good oral communication and report-writing abilities. Equally important were presentation skills before a lay audience in court.
There was discussion surrounding the standardisation of basic questions asked of experts. There was a suggestion that a series of standard questions across different disciplines, suggested issues and the sequence in which the practitioner would like to see them would be helpful. These would sit with the draft letter of instruction. ACTION: Comments on the experts paper produced by Stephen Cobb QC, Dr Glaser and Dr Rosalyn Proops to be channelled via Laura Russell to be passed to the Executive Committee which will decide how to take it forward.
15.Local Structures
Judge Cryan discussed 3 papers. The first set out the challenges and opportunities that face local FJCs . The aim of the FJC to encourage inter-agency working would only come about if local FJCs were given the appropriate steers, administration structures and funding.
The second paper provides a vision of how Unified Family Courts will operate and evidence that Care Centres will remain the hub of family work. The work of the DFJ in the structure of Care Centres remains unaltered.
The final paper dealt with issues rising out of Unified Administration. The first was the significant changes to the Family Proceedings Court regarding selection and training. The second point was that the role of the DFJ was now clearly defined. The final point referred to the Courts Boards and the effect they would have on the lives of those delivering justice
16.Development of local FJCs
80% of all DFJs had responded to the Deputy Chair's letter asking them to provide a position statement about the formation of a local FJC. Decisions needed to be made about the degree of conformity to be demanded and the degree to which local interpretation was going to be allowed. With the support of Paul Jackson and Cara Mitchell-Langford from the DCA, the Deputy Chair was confident that the majority of the local FJCs would be in operation by the middle of summer. It was evident from visits with DFJs that assurance was needed that funding and administrative support would be available to run local FJCs. An indication from DFJs is required as to when their local FJCs would be in a position to hold their first meeting.
ACTION: Paul Jackson to formulate a short paper for procurement of funding
17.Any other business
Restructuring of Family Decision Making Guidance Consultation Paper
Council members were asked to respond to the above paper if they wished by 4th March. Stephen Cobb QC is also preparing a response to the Legal services Commission’s paper on experts and this will be sent to the secretariat.
18.Intergrated domestice violence
The Council was informed that there had been an intensive discussion on a potential integrated domestic violence court, preferably in Croydon. This would be viewed as a 'one stop shop' with civil, criminal and family district judges and magistrates. The idea was to have the same judge trying the whole case. The judges would have all jurisdictions. This is being discussed with the DCA and Croydon.
The Council gave their best wishes to the Chairman on her retirement
14 Consideration of Press Officer
It was announced that the DCA Press Office could be used by the FJC.