Cafcass judicial review threat

A Somerset solicitor is set to launch a judicial review action against the Children and Family Courts Advice and Support Service (Cafcass) because of its ‘unacceptable delays’ in appointing children’s guardians and family court advisers.

Martin Davis, director of the family department at Somerset firm Battens, has been granted legal aid on behalf of one of his child clients to look into the merits of bringing a High Court challenge against Cafcass and its funder, the Department for Children, Schools and Families.

Davis has received a positive written opinion from counsel, Robin Tolson QC, and the Official Solicitor has accepted responsibility for the case.

He has written to all members of the Law Society’s children panel seeking individual examples to demonstrate the scale of the problem and the practical effects of the delays.

Family solicitors have reported delays of up to six months in the London area before a guardian, who advises on issues relating to the welfare of a child and whether they would be better off placed into care, is appointed.

Davis said: ‘We hope that the wider profession will assist us by taking time to report any cases that have raised concerns, particularly in the public law (care) arena. This will give us a better picture of the situation across the country and show what the real position actually is, good or bad.’

He stressed that any eventual judicial review would not be directed against ‘the extraordinarily committed and hard-working family court advisers and guardians’ who are ‘coping heroically with unprecedented demand for their expertise and services’.

He said the action relates to the way Cafcass and its parent department in government have coped with the crisis, together with possible failures to provide appropriate staffing support.

Cafcass chief executive Anthony Douglas said he had requested full details of the proposed judicial review, and wanted to hear about any problems with children’s cases so they could be put right.