CAFCASS offers guardians bait to stay in profession

Family law: solicitors can be employed or self-employed

Family lawyers this week welcomed the decision of the controversial Children and Family Court Advisory and Support Service (CAFCASS) to give children's guardians the choice of being either employed or self-employed.Following a long-running dispute with the National Association of Guardians Ad Litem and Reporting Officers, CAFCASS has given guardians, who are often solicitors, two options: to become CAFCASS employees or to provide a service as self-employed contractors, paid through graduated fees.Last June, CAFCASS offered a contract of employment to all guardians, but following a successful judicial review in September, it is offering the choice in a bid to stop a mass migration from the service.

Peter Watson-Lee, chairman of the Law Society's family law committee, said: 'Any decision which keeps experienced guardians within the profession can only be a good thing, as many areas of the country are severely lacking members of this essential service.'Jane Craig, chairwoman of the Solicitors Family Law Association, said: 'If this means the dispute can be successfully resolved and the service can put the problems which took up most of last year behind it and start to build the strong organisation which it is capable of, then the news is excellent.'She added that children under the care of guardians would benefit too, as retaining good guardians within CAFCASS would provide continuity.All 688 guardians have until the end of March to decide which contract to accept.Victoria MacCallum