Outcry over family court closure plan
A group of 160 leading family lawyers and social workers has written to senior judges raising concerns over the proposed closure of a court rated a ‘centre of excellence’.
HM Courts & Tribunals Service is considering plans to close the Inner London and City Family Proceedings Court, at Wells Street in central London, and absorb its seven courts into the Principal Registry of the Family Division at High Holborn.
Wells Street deals with some of the country’s most difficult family cases and is home to the pioneering Family Drug and Alcohol Court, led by District Judge Nicholas Crichton, who received a CBE in this year’s Queen’s birthday honours list.
It is understood that the lease for the Wells Street building has a break clause that HMCTS could invoke this year, enabling it to give up the building in 2014. Public bodies are encouraged to take advantage of such break clauses under a central scheme to cut the cost of government buildings.
Signatories to the letter claim that the closure of the court risks sacrificing its family-oriented ethos and practice. The letter to the head of the Family Division Sir Nicholas Wall and four other judges is signed by solicitors, barristers, social workers and guardians.
It recognises the financial constraints on the courts service and the expense of the Wells Street premises but says: ‘That needs to be put into the balance with the fact that the court has rightly been hailed by many people, including international observers, as a centre of excellence. It is a great worry that its strengths and qualities could be lost.’
Childcare solicitor David Jockelson from London firm Miles & Partners, who drafted the letter, described the Wells Street closure as a ‘symbolic forerunner’ of issues arising from the government’s programme to reform care and adoption.
An HMCTS spokeswoman said: 'HMCTS continually keeps the use of its estate under review to ensure we are making best use of resources and providing the best facilities for court users.’
She confirmed that the proposal is being considered, but said: 'Matters are at a very early stage and any plans would of course be informed by consultation with stakeholders and staff.’
Comments
Outcry over family court closure plan
In fact there are over 250 signatories: 160 child care solicitors in private practice or working for LAs, 60 Barristers including heads of chambers and 3 QCs and 37 Guardians or ex-Guardians. More people have asked to sign subsequently.
The purpose of the letter is not to be controversial or combative but simply to place clearly on record the detailed reasons why Wells Street is such a good court and to ask for its qualities to be preserved following any move. This is to inform decision makers of facts they may not otherwise be aware of.
The court exemplifies an approach which is robust and efficient while also being family-friendly and helpful. This is going to be needed increasingly with the cuts to legal aid creating more litigants in person who will otherwise clog the courts and slow up the process.
With the proposed speeding up of care proceedings and adoption placements this style of court is necessary to prevent serious injustices.
The proposed target of six months to complete a care case risks preventing parents from changing and becoming more successful parents. It therefore prevents children having the best chance to stay safely within their families which must be the fundamental aim of the process.
The other target of six months from final care order to adoptive placement also risks placing children with adopters who have not been fully assessed or trained to take on the often challenging children who will be placed with them. That in turn risks breakdowns of adoptive placements which is the very worst outcome of the whole process.
David Jockelson Miles and Partners
Court closure
If we had a legal 50:50 split in parenting time then we wouldn't need these courts at all. Once a few recalcitrant mothers had been jailed or lost residency for making false allegations around domestic violence or child safety, the number of cases in which there are genuine issues would wither away. Until that happens, we won't.