Implementation of recent family legislation Anthony Douglas CBE Chief Executive Respect Conference – 31 March 2009

Implementation: an issue in itself Legislation is never wholly implemented: it has its followers and its detractors, even though in theory there is no latitude to do otherwise ‘ Some legislation achieves its intention, other acts do not Change tends to take place over a generation, not quickly 60-70% of change programmes fail because of poor set-up or implementation strategies

Recent legislation  Adoption and Children Act 2002 – landmark provision for those involved in adoption – in theory  Children Act 2004 – introduced Children’s Trusts and ‘started something’  Children and Adoption Act 2006 – expands Cafcass’s responsibility for making risk assessments for vulnerable children (and adults); strengthens contact monitoring, and introduces contact activity orders and ultimately, enforcement of judicial decisions

Cafcass commissioning role  Cafcass has provided a level of financial support to external providers since its creation in 2001, mainly grants  In recent years, this has expanded to a set of commissioned services from approximately 60 providers, with a further 150 small grants to volunteer-based supported contact centres  In 2008/9, services at three levels of intensity are being purchased on behalf of children, families and courts  S11A (5) provides for contact activity services to promote contact or address violent behaviour  Main activities are mediation preparation/assessment meetings; parenting information programmes, and domestic violence programmes

Domestic violence programmes  Use of DV programmes in family court cases is an exciting innovation. Respect have been at the forefront in assisting Govt to set standards and ensure that quality provision can be made available  as in many new 'markets' supply is scarce to start with, with only 7 (DCSF) approved providers, though with more to come  because of this, and in any case, essential that only suitable parties participate in the programmes. The suitability assessment process is very important, with Cafcass assessment, court findings of fact and providers' own suitability assessments all having roles to play  the issue of charging (up to £2.5k per case) may be problematic for those who are not publicly funded or eligible on hardship grounds  the use of the provisions has been slow across the board, which is usual with new legislation.

Current major issues in child care services more coverage in the national media of safeguarding in the last 3 months than in the previous 3 years a significant increase in the volume of s31 care applications to courts by local authorities in the last 3 months many children wait far too long for an outcome of care proceedings – over 1500 children freed for adoption or another permanency placement are still waiting inter- professional working is improving, but much too slowly the social work profession needs the same level of support given to the teaching profession over the last twenty years – but the financial situation makes this virtually impossible

Dad’s issues Fathers are increasingly engaged in the care of their children, and this has been a sea change in family behaviour over the last generation our statistics + MOJ research (Hunt and Macleod 2008) confirm the demographic trend that fathers are taking more interest in family life on the gender of parties awarded residence, we are virtually at 50:50: the sample is 20% of the contested residence cases we are involved in

Issues for the future  It is positive that private law disputes are moving up the political agenda  The partial opening up of the family courts should ease public concerns about secret justice  Shared parenting (where safe) should be helped by an expectation that public services will keep both parents equally informed e.g school notices sent to both  We hide information about the damage family conflict does to children – and need a long-running public information campaign  Mediation should be compulsory, though it helps to now have a stronger expectation cont’d…

Issues for the future  We should stop insisting on statements before working with parties/parents – litigants in person tend to produce long statements reliving bad experiences rather than focusing on their child or children’s needs  Need for a single joint solicitor (with safeguarding exceptions for vulnerable adults, or children)  Family support services needed to re-build family relationships after the hearing – not only during the hearing or hearings  The family justice system does need more integrate management rather than the current loose models of working together – because issues like the postcode lottery for services cannot be properly addressed at present …cont’d

Implementation of recent family legislation Anthony Douglas CBE Chief Executive Respect Conference – 31 March 2009