Strategy: avoid rigid approach, Law Society recommends

Plans to overhaul the Children and Family Court Advisory and Support Service (CAFCASS) could improve its work for children, provided that a one-size-fits-all approach does not develop, the Law Society has said.


Responding to the Every day matters consultation on a new strategy for CAFCASS, the Society said its success is dependent on delivery, resources and all strands of the family justice system - including solicitors - working together.


Under the strategy, CAFCASS will allocate every case and every child referred to it within two days by April 2007, followed by six weeks of intensive work to 'triage' each case.


The Society broadly backed this but said there must be flexibility in resource allocation: 'We would caution against a rigid, one-size-fits-all approach relying on resources mainly focused on the first six weeks of every public and private law case. Cases can change shape and complexion, and many continue to require intensive input or at different times.'


It backed the proposal that a CAFCASS guardian always work actively with a solicitor, but was concerned at the suggestion that the CAFCASS practitioner may not always need to be present at some hearings.


Members of the family law committee and children law sub-committee, who drew up the response, said there could be directions hearings where this was the case, but warned against a general assumption that all directions hearings are routine, as the presence of both parties is central to those cases that settle at first appointment. On finding of fact hearings, they said: 'There can be very good reasons to hear the evidence of the parents and professional witnesses.'


The Society also highlighted the need for piloting and hard evidence on the costs implications of the reforms of other parts of the system.