Withdrawal of Cafcass/ ADCS Guidance on How Local Authorities and Cafcass Can Work Together in a Set of Care Proceedings and Pre- Proceedings in the English Family Courts' dated 21 April 2017

Nagalro has consistently challenged the above draft guidance and the draft which preceded it dated 17 February 2017.  We have had grave concerns about about the process by which it was produced and its content.  Our view was that it could not be lawfully implemented and this view was supported by the excellent legal advice and guidance we have received from John Halford of Bindman's Solicitors.  We are therefore delighted that on 20 June 2017 we have received a letter from Anthony Douglas and Andrew Webb formally notifying us that 'they will be withdrawing the document in question'.
 
Nagalro’s over arching concern was that the agreement and draft guidance fettered the primary statutory functions of the Children's Guardian to such an extent that it would prevent them exercising their proper statutory functions as set out in s41 and 42 CA1989 .the Family Proceedings Rules 2010 and Practice 16A Representation of Children.  Our legal advice is that where guidance issued by a public authority - in this case Cafcass - instructs its staff to act in a manner that is unlawful, the guidance itself will be unlawful and can be challenged as such by the Courts through judicial review
 
We will be continuing to challenge the Cafcass guidance on the 'Changes to the Role of the Children's Guardian'.
 
Ann Haigh and Judith Timms on behalf of Nagalro Council

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