Martin Partington: Spotlight on the Justice System

Keeping the English Legal System under review

Posts Tagged ‘children

Children Across the Justice Systems

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This was the title of an extremely important and interesting lecture, given by Sir James Munby, President of the Family Court, to the Howard League for Penal Reform at the end of October 2017

What, it might be asked, was our leading family judge doing talking to those whose interest is in the criminal justice system?

Sir James used his lecture as an opportunity to argue for a new approach to the treatment of young people who come into contact with the criminal justice and penal systems. He sets out with admirable clarity what he sees as the main problems with  current arrangements, including:  the very complex set of institutions with which the young offender may come into contact; the huge variety of government departments – both central and local – charged with developing and delivering policy in relation to young offender; and the inconsistency of approach of different agencies towards how young offenders and their families should be dealt with.

Sir James argues that, in this context, family justice and criminal justice should be brought together. Specifically, he argues that the role of the Family Drug and Alcohol Court should be expanded to enable it to take on cases which are currently dealt with in the Youth Court.

He recognizes that such a development would represent a big policy change and could not come into being in the short-term. He therefore also proposes interim measures that might go someway towards meeting the objective he has outlined.

So far as I am aware,the Government is not currently contemplating such a major change, but I think Sir James offers ideas that should be carefully considered.

The lecture is available at https://www.judiciary.gov.uk/wp-content/uploads/2017/10/speech-pfd-children-across-the-justice-systems.pdf

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Written by lwtmp

November 8, 2017 at 12:47 pm

Keeping the reform of Family Justice under review – the work of the President of the Family Division

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A notable development in the programme of change currently happening in the Family Justice system is the very personal attention being given to the programme by Sir James Munby, the President of the Family Court. He publishes a regular series of newsletters, which he now calls ‘The View’, setting out progress both on matters of the reform of family law, and the processes of the courts.

He clearly supports the aims and objectives of the Norgrove recommendations for change and is anxious that practice and procedures are made more efficient. He is clearly concerned about the resources available to the Family Justice system, but does not think that more resources is the answer to all the problems of the system. He wants new approaches to be developed as well.

One particular development of which he has become a strong supporter is the notion of ‘problem-solving courts’. The theory is that many families that get caught up in the care system do so because there are aspects of life style – especially alcohol and substance abuse – which result in children coming to the attention of social service departments. The argument is that if you offer a programme of support for the parent(s) who are not coping well, to change their lives, this could result in few children being brought within the case system – with all the cost that this entails.

Some years ago, Judge Nicholas Crichton established a new type of court – the Family Drug and Addiction Court (FDAC) – which sought to put these ideas into practice.

In 2015, a FDAC National Unit was created, which seeks to promote the development of these courts in different parts of the country. In its first year it had helped more than 15 such courts to come into existence.

Sir James Munby is extremely impressed with their work and a powerful advocate for their further development.

To read Sir James Munby’s newsletters/Views go to https://www.judiciary.gov.uk/publications/view-from-presidents-chambers/

To read more about the FDAC Unit go to http://fdac.org.uk/

 

Written by lwtmp

November 9, 2016 at 3:08 pm

Research into Family Justice

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I have noted in these blogs before the existence of the excellent Family Justice Research Bulletin. This summarises research into the operation of the Family justice system in papers published in academic journals as well as by the Ministry of Justice itself.

The impact of legal proceedings on the lives of children, in particular, is so potentially great that it must be right for research to try to understand what those impacts are, especially given all the changes to the family justice system that have occurred in recent years.

The lastest edition of the Bulletin has just been published (December 2015). It contains summaries of research into different types of family justice proceedings.

Essential reading for everyone interested in the family justice system.

For further information go to https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/485073/family-justice-bulletin-6.pdf

 

 

 

Written by lwtmp

December 18, 2015 at 4:30 pm

Posted in chapter 7

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