In the News

In the face of strong opposition from CAFCASS, Scott Baker J sitting in the Administrative Court has given NAGALRO permission to pursue its application for judicial review of CAFCASS’ decisions in relation to contracts of employment with childrens’ guardians. The application will be heard on 11 September. CAFCASS made an application for security for costs and damages and NAGALRO officers were being threatened with having to mortgage their houses. The Judge declined to make such an order.

NAGALRO hopes to engage in further discussion with CAFCASS to improve the contract and has proposed mediation. The immediate response from CAFCASS has been negative on the basis that the Board had made a decision which had to be followed. The interesting question which now arises is whether the Board was told that the failure to enter into adequate consultation about the decision to withdraw the offer of self employed contracts might be susceptible to judicial review – and if not why not.

The parties agreed terms for conditions to apply pending the full hearing. CAFCASS has  undertaken to treat self-employed guardians no less favourably than it has in the past until judgment in the judicial review. The offer of a contract of employment sent out by CAFCASS on 6th July 2001 will remain open for acceptance until delivery of judgment in the judicial review. Those who have already signed the contract appear to have lost out on any benefit that might accrue from further negotiations.

If the terms are not improved, it seems certain that at least a half of the workforce will leave. If CAFCASS does offer an improved contract, it seems difficult to believe that those who signed it under duress, will not be able to benefit. It would hardly bode well for ongoing relations.

The key question now is whether the agreement to keep open the contract for a further period heralds any intention to be more concerned about the welfare of the children the service will represent and less concerned about demonstrating strong management. The fear must remain in any event that it will be too late to prevent many of the best guardians leaving to continue their work with children elsewhere. Unless there is a change in attitude, the suspicion will persist that that is exactly the aim.