The coalition government published draft legislation on family justice. It said that the proposed changes were intended: to promote the resolution of disputes away from court wherever possible; to ensure that decisions made by the family courts about the arrangements for children following parental divorce or separation reflected the benefit to the child of maintaining the ongoing involvement of both parents in a child's life; to streamline the court process for divorce or dissolution of a civil partnership; and to ensure the more timely progression of care and supervision proceedings in the interests of children.
Source: Draft Legislation on Family Justice, Cm 8437, Department for Education, TSO
Links: Draft legislation
Date: 2012-Sep
An article said that the coalition government's proposed changes to administrative justice, including the abolition of the Administrative Justice and Tribunals Council, were in danger of passing unnoticed, despite their potential significance for the 'Big Society' agenda.
Source: Nick O'Brien, 'Administrative justice: a libertarian cinderella in search of an egalitarian prince', Political Quarterly, Volume 83 Issue 3
Links: Abstract
Date: 2012-Aug
A new book examined themes in family law debates. The first section looked at challenges facing the family justice system, the inter-relationship between rights and responsibilities, and the increasing internationalization of the law regulating families. The second section focused on adult relationships: it suggested new ways for the law to allocate legal consequences for families, asked whether the 'contractualization' marriage would open up the possibility of all the marriage 'terms' being negotiable by the parties, and explored the value of 'fairness' in family finances. The third section considered children in family law.
Source: Rob George, Ideas and Debates in Family Law, Hart Publishing
Links: Summary
Date: 2012-Aug
A report by a senior judge set out proposals to change the culture of family courts and speed up cases in England and Wales (following an official review). The plans included: a single family court run by judges and magistrates; less reliance on expert witnesses; decisions and processes of the court to be better explained to the children involved; more training and guidance for judges to help them reach swifter decisions; and the views of children to be heard and communicated to the court.
Source: Ernest Ryder, Judicial Proposals for the Modernisation of Family Justice, Judiciary of England and Wales
Links: Report | Judiciary press release | ADCS press release | Barnardos press release | Justice Gap press release | BBC report | Community Care report | Guardian report | Telegraph report
See also: Family Justice Review (November 2011)
Date: 2012-Jul
The government responded to a report by a committee of MPs on the proposed abolition of the Administrative Justice and Tribunals Council. It said that it agreed that the independent nature of the Council and its ability to report publicly and in a 'fearless way' could not be replicated by government: but it did not accept that the improvements in the administrative justice system sought by the committee would be best achieved through the continued funding of this oversight function.
Source: Government Response to the Public Administration Select Committee Report on the Future Oversight of the Administrative Justice System, Cm 8354, Ministry of Justice, TSO
Links: Response
Notes: MPs report (March 2012)
Date: 2012-May
The coalition government responded to consultation on its Green Paper regarding the treatment of security-sensitive information by the civil justice system. It said that a proposal to allow inquests involving sensitive intelligence to take place in private would be dropped.
Source: Government Response to the Public Consultation on Justice and Security, Cm 8364, Ministry of Justice, TSO
Links: Response to consultation | BBC report | Guardian report
Notes: Green Paper (October 2011)
Date: 2012-May
An article examined how knowledge of rights affected the resolution of civil justice problems in England and Wales. Most people were not aware of their rights at the time a problem occurred. Knowledge was poorest among those with mental illness, those without higher qualifications, and those renting their homes. Problems where knowledge was poor included clinical negligence, welfare benefits, and neighbour issues. Knowledge of rights alone was not associated with legal self-sufficiency in terms of a reduced dependence on legal advice services: but people with knowledge of rights experienced better outcomes when they opted to handle their problem alone.
Source: Catrina Denvir, Nigel Balmer, and Alexy Buck, 'Informed citizens? Knowledge of rights and the resolution of civil justice problems', Journal of Social Policy, Volume 41 Issue 3
Links: Abstract
Date: 2012-May
A report said that professionals who worked with refugee and migrant children were struggling to access legal advice on their behalf. 59 per cent of those surveyed said that it was becoming increasingly difficult to find legal representatives to whom they could refer children's cases.
Source: Kamena Dorling and Anita Hurrell, Navigating the System: Advice provision for young refugees and migrants, Coram Children s Legal Centre
Links: Report
Date: 2012-May
A report highlighted a series of cases in which people would lose access to free specialist legal help under the coalition government's planned cuts in legal aid.
Source: Out of Scope, out of Mind: Who really loses from legal aid reform, Citizens Advice
Links: Report | Citizens Advice press release
Date: 2012-Mar
A report said that the coalition government's proposed cuts to legal aid for benefits, employment law, and housing advice should be reversed: 82 per cent of the public believed that it was fair that the state should provide free advice to everyone in such cases, or at least to those whose income was at or below the national average.
Source: Social Welfare Law: What the Public Wants from Civil Legal Aid, Legal Action Group
Links: Report | LAG blog post
Date: 2012-Mar
A report (by an organization representing barristers in England and Wales) highlighted areas of the Legal Aid, Sentencing and Punishment of Offenders Bill that threatened to undermine access to justice, including: the removal of clinical negligence from the scope of legal aid; the Bill's failure to provide sufficient support for victims of domestic violence; and the removal of legal aid from many areas of welfare law.
Source: Access Denied: The Legal Aid, Sentencing and Punishment of Offenders Bill – The case for amendment, Bar Council
Links: Report | Bar Council press release
Date: 2012-Mar
A report by a committee of MPs said that there was a 'fundamental difference of view' between the coalition government and others over whether there was a continuing need for the functions performed by the Administrative Justice and Tribunals Council (AJTC). It also cast doubt on the level of cost savings that the government estimated would be achieved by abolishing the AJTC.
Source: Future Oversight of Administrative Justice: The proposed abolition of the Administrative Justice and Tribunals Council, Twenty First Report (Session 2010-12), HC 1621, House of Commons Public Administration Select Committee, TSO
Links: Report
Date: 2012-Mar
A study examined the standard of 'expert' psychological reports submitted in family court proceedings. Two-thirds of the reports reviewed were rated as below the expected standard. The qualifications of 20 per cent of instructed psychologists were evaluated as inadequate for the role, on the basis of their submitted curriculum vitae.
Source: Jane Ireland, Evaluating Expert Witness Psychological Reports: Exploring quality, University of Central Lancashire
Links: Report
Date: 2012-Mar
The coalition government published its response to an official review of the family justice system in England and Wales. It proposed the introduction of rules designed to ensure that children enjoyed 'an ongoing relationship with both parents' after a separation. Divorced and separated fathers would be given stronger rights to see their children. 'Parenting agreements' could be used to ensure that children maintained a relationship with other close family members. Other proposed reforms included a 6-month time limit for the settling of care and adoption cases.
Source: The Government Response to the Family Justice Review: A system with children and families at its heart, Cm 8273, Ministry of Justice/Department for Education, TSO
Links: Response | Hansard | Bar Council press release | Barnardos press release | Family Lives press release | Labour Party press release | Napo press release | NFM press release | Relate press release | Guardian report
Notes: Review report (November 2011)
Date: 2012-Feb
The coalition government published its response to a consultation on modernizing the civil justice system in England and Wales. It announced an increase in the small claims limit to £10,000 initially, with a possible further increase to £15,000 after evaluation. All small claims would be referred automatically to non-compulsory mediation. It proposed a speedier, more transparent system for dealing with low-value personal injury claims arising out of accidents. A single county court for England and Wales would be established, allowing claims to be handled electronically at a central point: specialist claims would be placed under the exclusive jurisdiction of the High Court.
Source: Solving Disputes in the County Courts: Creating a simpler, quicker and more proportionate system – A consultation on reforming civil justice in England and Wales – The Government Response, Cm 8274, Ministry of Justice, TSO
Date: 2012-Feb
A report said that the coalition government's proposals for cutting civil legal aid would cause higher costs for the courts and mediation services and were unlikely to make a significant contribution to reducing the fiscal deficit. Elements of the government's proposals, designed to save £239 million, would cause unintended extra costs of at least £139 million.
Source: Graham Cookson, Unintended Consequences: The cost of the government s legal aid reforms, Department of Management, King s College London
Links: Summary | Kings College press release | Justice Gap press release | Guardian report
Date: 2012-Jan