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25
September 2001
On the 14 September 2001,
Mr Justice Scott-Baker quashed the decision of the Children and Family
Courts Advisory and Support Service (CAFCASS) to offer only employed
contracts to Children’s Guardians.
In his judgement the
Judge said that CAFCASS had been unlawful in withdrawing the option of
self-employment without notice and said unequivocally that CAFCASS had
treated self-employed Guardians unfairly. He asked that proper
consultations between CAFCASS and The Professional Association for
Children’s Guardians and Family Reporters (NAGALRO) now be undertaken.
He expressed concern that the most qualified and experienced Guardians
were leaving the service.
As a result of the
Judge's concerns, NAGALRO has asked all its members to contact CAFCASS
to notify their availability and to ensure that every child in care and
adoption proceedings has a Children's Guardian to represent their
interests.
Commenting on the
judgement, Susan Bindman, Chair of NAGALRO, said “All those concerned
with the welfare of vulnerable children will be delighted at the outcome
of the Judicial Review proceedings.
The judgement and Mr Justice Scott-Baker’s findings validate
NAGALRO’s strenuous efforts to pull this vital service to vulnerable
children back from the brink of disaster.
“NAGALRO now looks forward to a period of proper
consultation so that it can assist CAFCASS to deliver a service of
quality. We are determined to keep the children’s court service
afloat.”
Background
CAFCASS has had a
troubled history since its inception on 1 April 2001.
In less than six months 20 of 54 local managers of Children’s
Guardians in England and Wales have left the service. One of those is
Geoffrey Applegarth, the public law manager for the Cumbria region of
CAFCASS.
In his open letter of
resignation, addressed to Anthony Hewson, chair of the board of CAFCASS,
Mr Applegarth writes, “In
Cumbria at least, CAFCASS has failed on almost every count to build upon
and improve both the level and quality of service to children and to the
courts”. He further writes “CAFCASS nationally is in a state
dangerously close to paralysis”.
He pays tribute to regional staff but laments the lack of any
coherent national framework of policy and principle.
The resignation from the
Board of CAFCASS of Judge Nigel Fricker is a source of considerable
concern to NAGALRO.
NAGALRO members continue
to brief parliamentarians concerned with the welfare of vulnerable
children and invite their support in ensuring positive outcomes to the
present crisis.
Ben
Grey, a children’s guardian based in Winchester, poses the following
five key questions to parliamentarians:
1.
The Judgement averts a serious crisis in the Family Justice
System, for the time being, but how can a permanent solution be found?
2.
How are we to view the fact that the new Court advisory service
is found to be acting unlawfully within months of its creation, and in
doing so alienates those it needs to carry out its responsibilities?
3.
To what extent is CAFCASS publicly accountable for its actions?
What is to be made of it defending itself by arguing that it is
not bound by promises of its predecessor or statements of the Lord
Chancellor to Members of Parliament?
4.
Was this an entirely avoidable waste of public resources?
5.
What are the consequences of CAFCASS’ relentless centralisation
for strong independent advocacy of Children’s best interests?
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