We have recently done a Blog on “ A View from the President’s Chambers November 2022.” Both that document and the one in July 2023 were produced by Sir Andrew McFarlane, President of the Family Division. The previous document November 2022, was about the relaunch of the Public Law Outline( PLO).
What does this document-we will call it a “View”- consist of?
It is a highly informative document about all aspects of the Family Division- which includes Financial Remedies, Domestic Abuse Law, Child Care Law, both Public and Private.
What does he say about the PLO?
That the relaunch, by that time five months old, had been a success. The overall aim is that proceedings should not be issued until the initial assessment has been completed. This therefore means that proceedings for a Care or Supervision Order are only issued if there is a need to do so.
After the initial assessment what further assessment is permitted?
The President states that there are four situations where the matter can be further assessed. The first is in connection with the s31 threshold. (This is the evidential bar the Local Authority must surmount to obtain an Order. For further details please see our previous Blog on the View in November 2022.)
The second is the permanence provisions in the s31A Care Plan. Again, for further details please see the November 2022 review. We should also add that the sections are of the Children Act 1989 as amended.
What are the third and fourth?
Contact and then final outcome. ( Our comment. Is there a fifth? If there were further issues during the course of proceedings surely they would need to be assessed. Sir Andrew recognised in the previous View that excess delay can mean further issues arise. Even in 26 weeks they can).
Can you clarify what is happening with the Public Law Working Group (PLWG) recommendations on pre- commencement work?
That is beginning to coordinate with the Court part of the PLO. This may be the reason for a fall in proceedings being issued. (Our comment- budgetary constraints on Local Authorities may be having an effect. Do not forget that Northamptonshire County Council and Nottingham City Council have both issued s114 Notices).
I understand that the PLWG have also issued a report on Supervision Orders. Can you give more details?
Yes the President refers to this in the View of July 2023.
He says that Supervision Orders should be seen as a much more effective option. ( We would remind you of the legal position which is contained in s31 of the Children Act 1989 as amended. Once the “threshold test” is passed- see earlier Blogs- the Court has the option of either making a Care Order or a Supervision Order.
The recommendation is that a Supervision Plan be set up if a Supervision Order is made. Just as with Care Orders there is a Care Plan under s31A of the Act as amended.
What developments have there been in Private Law Children Cases?
The President is hopeful that improvements can be made. He refers to the Pathfinder Projects that are running as a Pilot Scheme in Dorset and North Wales. We will blog more on these but the President hopes that they will diminish conflict.
He then further refers to the Consultation document “Supporting earlier resolution of private family law arrangements”. We will Blog on this further.
Finally he refers to MIAM’s and efforts to tighten up the process. Again to Blog on this. MIAM is Mediation Information and Assessment Meeting.
These various projects are medium to long term as he recognises. ( Not the MIAM’s procedural reform that was due to take place shortly). What about the short term?
We quote the President’s words in the View exactly. He writes that “I have regularly encouraged all involved to focus on the issues that it is necessary shall be determined in order for the Court to meet the overriding objective of dealing with cases justly, having regard to the welfare issues involved.”
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