Final Report of the Norgrove Review of Family Justice Published 3rd November 2011
The most comprehensive and important review of the Family Legal System since 1989 published its final report on 3rd November 2011.
The review covers three main areas:-
a) Taking children into care
b) Arrangements for children following the separation and divorce of their parents.
c) The creation of a Family Justice Service (i.e. one Court specialising in family
matters).
The Government is expected to respond to the report around the end of the year.
In 1991 when the Children Act 1989 came into force it was expected that care proceedings would take on average 12 weeks to complete. The average at present is approximately 56 weeks. The report confirms that there is also enormous delay in dealing with disputes involving children whose parents are separated and divorcing. In 2010 the average case duration was 32 weeks. Around 90% of separating and divorcing couples reach agreement about arrangements for their children without becoming involved in court proceedings. For the 10% who do use the Court process, there are enormous delays. The report recognises the important role played by specialist family solicitors in assisting their clients to negotiate out of court settlements.
The report recommends a greater diversion of cases away from the Courts by increased use of family mediation to explore the reaching of “parenting agreements”. Considering the setting up of a Family Justice Service the review recommends a single family Court to replace the present system of some cases of being dealt with in the Magistrates Court, some in the County Court and some in the High Court. A single Court would ensure greater judicial continuity.
Commenting on the review, Jane Gale says that court proceedings should be regarded as a last resort so the recommendation to make greater use of mediation at an early stage and promote negotiation of an amicable settlement is welcome. It mirrors the approach adopted by odonnells which is designed to keep legal fees to a minimum. However there will always be cases where court proceedings are required because the other party is not willing to conduct themselves reasonably. In such cases a client needs the experience and wisdom of mature legal advice not to descend to the level of their opponent but to keep calm and focused to achieve the best possible result.
Government Response
The Ministry of Justice has described the recommendations as “a good start” to transforming the Family Justice System. The Government accepted the need to tackle delay in proceedings involving children. From January 2012 details will be published as to how individual Courts are performing. The Government supports the focus on use of mediation and indicated that it would increase funding for this. Spokesmen from the Law Society (on behalf of solicitors) and the Family Law Bar Association (on behalf of Barristers) have pointed out that the Government’s planned changes to Legal Aid for family cases is bound to have an impact. The Government plans to withdraw Legal Aid for the majority of family cases in 2012. There is speculation that this will lead to more people having to represent themselves in Court proceedings which will increase delays.