Northumbria and North Durham Local Family Justice Board Seminar

Northumbria and North Durham Local Family Justice Board Seminar

Wednesday 25th February 2015

Royal Station Hotel

Seminar Table Exercise
Q1: What are the opportunities and barriers to diverting more parents from court proceedings? / Q2: How can we improve the ‘Voice of the Child’ in Private Law Proceedings? / Q3: How can the Northumbria and North Durham Family Justice Board support an out of court pathway?
Barriers: / Opportunities:
Table 1 /

Awareness of Mediation and other support
Cascading of information
Information Available on internet
Funding

Better understanding and co-working between mediators and solicitors
Better publication of mediation costs
Court staff improved knowledge of mediation

Does it need to be improved?
Reduce delay
GAL in every case

Better sharing of information between young people’s services
Advertisement in GP Surgeries, schools and libraries

Table 2 /

Lack of trust in each other prevents contact arrangements being agreed
If parents have not had a significant relationship (i.e. don’t know each other well)
No safeguarding checks prior to court
Information about alternatives still not widely available
Suggest briefings/information circulated to health visitors and schools
Advertising on social media
No incentive for respondents to do MIAM
Funding /cost of MIAM and mediation where neither party has public funding

Consultation as part of CAFCASS pre-proceedings (would mean change in guidance but could measure impact in terms of resolution at early stage)

Publicity
Information sharing for other professionals who work with families

Table 3 /

Ring S4SP helpline
DR SPIP – to involve extended family members i.e. new partners and grandparents
Mediation (MIAM and free first mediation)
Sending applicants/respondents to SPIP and MIAM even when in court process
Promotion of DR Services in area
Leaflets available in schools, GP surgeries, etc

Lack of understanding what mediation is
Hurt and anger (‘day in court’)
Fear and loss
Loss of legal aid
Client 2 will not attend mediation
Training for magistrates re: SPIP and MIAM

Opportunities for children to say how it is for them (workshops/small groups)
Special services/projects for children for separated family (can talk to other children, ask questions, gain information)
Find out what children want – via FJYPB
Routinely involve children in assessments as well as parents
Peer support projects in school
Children having a voice in mediation
Services that work well with all family members

Who would administer this?
When parents come to court and have not attended MIAM – contact direction to SPIP and MIAM (when no S/G identified)
Media campaign to raise awareness of DR Services – in schools, GPs, libraries, WI, CAB, Sure Start, etc.
Services that work well with all family members

Table 4 /

Legal funding for parents to obtain legal advice to enable them to make informed decisions and avoid the need to seek court intervention. This is likely to be far cheaper than courts dealing with litigants in person or funding various agencies to provide information and not advice.
LAPO to be amended to allow Judges to have discretion to grant funding for non represented clients – this will save time and money overall

Cafcass should speak to the children as part of safeguarding. Request 16.4 solicitors where appropriate

Make it free

Table 5 /

Awareness of out of court disposals
Helpline/Advertising

Mediation
CAB/Health Professionals
Resource/Marketing/Communication

VOTC Direct –v- indirect contact
Cafcass – ABE Interviewing techniques (cognitive)
Guardiam – Family Court Reporter

Northumbria AND North Durham Support to
reduce repeat clients
by data gathering and analysis/cleansing
Customer first approach
Child being paramount
Early intervention

Table 6 /

Access to information
Ignorance of information
Financial
Animosity between partners

Promulgation/Advertising
Sign Posting
Rep of Young People’s Board on LFJB

Safeguarding ltter to include wishes feelings paragraph from children
Letter from child
Letter from court to child

Government website shows how to apply for an order but no information on ADR – better advertising
Information sheet of ADR to accompany C100 ‘Before you issue……’ and the benefits

Northumbria and North Durham Local Family Justice Board

Wednesday 25th February 2015

Newcastle Combined Court Centre

Review of Draft Action Plan
Notes for consideration

Delay in case listing, IRH to FH, need fact find analyse and monitor
Involvement of Local Authority in Private Law cases to be reviewed
Consideration of Local Authority questionnaire to ascertain local authority involvement
Review and analyse S.7 cases to ensure protocol is used properly and see purpose of LA involvement – use for thematic learning and address issues
LA to produce examples of invitations/directions to Private Law cases
Review timeliness in Private and Public Law cases
Repeat mapping exercise at Gateshead Law Courts (include Adele O’Brien)
Review cases where breakdown in care plan – use for thematic learning and address issues
Involve member from Young Peoples’ Board (Contact made - HHJ Hudson)
Inject interest in board meetings, presentations, videos, etc
Consider Local Authority Board membership
Include separate Action Plan entry for Mediation Services
Review and analyse MIAMs, when and when not comparisons
Consider seminar a yearly event in November (JH/HG)
Laura Ronn to take forward action from ‘out of court pathway’
Kelsey Clayton to arrange Local Authority meeting to discuss future attendance/
Consider Public and Private Law Sub Groups
All future meetings to commence 4.00 pm