Charles Lucas Marshall - Private Services
Family sitting in a row, child in the middle
CAFCASS - A new beginning?
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Suzy Hamshaw
Suzy Hamshaw
Children become involved in Family Court proceedings for many different reasons, through no fault of their own. Here, Suzy Hamshaw explains how court proceedings may commence as a result of either parental divorce or separation, or when the child is involved in adoption of Local Authority care proceedings.
Whatever the circumstances, every child who becomes involved in the civil court process is experiencing turmoil in their lives and their future rests on the decision ultimately reached.
The decision making falls to Judges or Magistrates but also requires the assistance of case workers who provide guidance on what they believe is in the best interests of the children.
In the past, these case workers belonged to three independent and unconnected Court Advisory Services, created at different times and for different jurisdictions. These are the Guardian ad Litem and Reporting Officer's Service, the Family Court Welfare Service and the childrens' branch of the Official Solicitor's Department.
In combination, the three services deliver over 45,000 reports to assist the court each year for nearly 65,000 children.
On 1 April 2001, CAFCASS the Children and Family Court Advisory and Support Service, came into being and amalgamated the Family Court Welfare Service, the Guardian ad Litem and Reporting Officer's Service and the childrens' branch of the Official Solicitor's Department.
CAFCASS brings together staff from all three services to develop an integrated model based on the needs of the children and expectations of the court.
Lawyers and policy makers are increasingly concerned about the position of children in family proceedings and continue to seek ways of minimising the impact of the legal process.
It is hoped CAFCASS will provide a number of benefits, including a more child-focused service based on the ability to pool the expertise of all three services. It aims to reflect today's diverse communities and provide a professional service highlighting and decimating best practice and professional training and development of staff. It should offer a better service to the courts, providing a more visible and accountable service.
It will also be audited by, and be accountable to, the Lord Chancellor's Department and will be able to provide support to parents bringing proceedings to the family courts.
Whether the new service is able to provide a clear voice for children and a better service to the court remains to be seen, but it is hoped the amalgamated bodies combined expertise will mean a brighter future in this difficult area of law.
For more information contact Suzy Hamshaw, on 01635 521212 or suzy.hamshaw@clmlaw.co.uk