Children lawyers complain about lack of guardians

CARE PROCEEDINGS: concern over CAFCASS funding

Specialist children lawyers have called on the government to take immediate action to halt the 'disturbing' loss of guardians from care proceedings.

At its annual conference in Leeds last week, the Association of Lawyers for Children (ALC) passed a resolution voicing 'grave concern' that the representation of children in family proceedings is being eroded because of 'serious problems with Children and Family Court Advice and Support Service (CAFCASS)'.

The ALC pointed to London where there are 170 cases of care proceedings where children have no guardian to represent them.

Katherine Gieve, chairwoman of the Solicitors Family Law Association's children's panel, said: 'I think it's a serious problem and I absolutely support the resolution.'

Underfunding and the fallout of a judicial review prompted by CAFCASS's attempts to force guardians to become employees are being blamed for the shortfall.

CAFCASS now gives guardians the choice to become employees or self-employed contractors.

Continuing concerns about CAFCASS's management and funding has lost it the goodwill of guardians, Ms Gieve said.

Peter Watson-Lee, chairman of the Law Society's family law committee, said: 'We can only agree [with the ALC's resolution] and I suspect it's all down to funding.'

CAFCASS's director of legal services, Charles Prest, said it was 'very concerned' about the situation.

'We believe CAFCASS does not have as much money as it needs,' he admitted.

But issues such as a recruitment crisis across the social sector, and an increase in the workload meant extra funding was not the only answer, Mr Prest said.

Chris Baker