0370 270 6000

Child care proceedings – the default position is transparency at all times

11 July 2011

The Children and Family Court Advisory and Support Service (CAFCASS) has been the subject of much criticism and pressure in recent years. The latest is the judgment of the High Court. After concerns about the safety of a guardian’s recommendations were brought to the attention of CAFCASS, it negotiated a change of guardian and later obtained the court’s approval. This judgement criticised the process and made it clear that only the court has the power to appoint and remove guardians.

There are further messages applicable to all practitioners: the court was particularly concerned about the lack of transparency in this case. There were times where the parents were unaware of the discussions going on between CAFCASS and the local authority. As ever, in future where there is a difference of opinion, the matter needs to be openly explored. Any meetings at which a family’s future is being decided must be conducted openly and with the parents able to participate.

Related opinions

IR35 rules to be scrapped from April 2023

The Chancellor’s recent mini-budget provided a significant announcement for business as it was confirmed that the off-payroll working rules (known as “IR35”) put in place for public and private sector businesses from 2017 and 2021 will be scrapped from April 2023.

View blog

Challenges from potential Foster Carers and Adopters

Our immediate future shows a renewed focus on foster care. We’re going to see a new nationwide-drive to recruit foster carers and the implementation of a more robust, and potentially financially-generous system for encouraging friends and family to care for their relatives (both when extended families cannot cope or provide care for any reason).

View blog

A helpful decision for claimant solicitors on Limitation under the Human Rights Act in abuse and assault cases?

In this month’s decision of CJ & Ors v Chief Constable of Wiltshire Police the court was given the task of considering whether a sexual abuse action, brought under the Human Rights Act 1998 should be allowed to proceed to trial where the claim had been brought outside the one-year period prescribed by the Act.

View blog

80% hours for 100% pay? That’ll do nicely

As has been widely reported this week, some 3,000 UK workers are taking part in a six month trial to assess the viability of a four-day working week without any reduction in their normal pay.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up