I beg to move,
That this House has considered the Children and Family Court Advisory and Support Service and family court reform.
It is a pleasure to serve under your chairship, Mrs Cummins.
Family breakdown is never easy. Disputes are inevitable and often bitter. Children are caught in the middle of a tug of war between parents. In those conflicts, the Children and Family Court Advisory and Support Service, or CAFCASS, plays a key role. Child arrangements orders, prohibited steps orders and a host of other key rulings in the family courts often hinge on the reports provided by CAFCASS and the assessments carried out by its workforce. CAFCASS is in desperate need of reform, and it requires funding to protect children subject to care proceedings.
The Criminal Justice and Courts Services Act 2000 stated clearly the role of CAFCASS. First and foremost, it has a duty to safeguard and promote the welfare of children affected by family courts proceedings, yet it is falling far short of the standards required. In 2020, the Ministry of Justice published a damning report on the performance of CAFCASS. The findings were shocking, including failures running deep into every area of the organisation’s work, poor handling of domestic abuse allegations, wilful disregard of children’s voices and an obsessive pro-contact culture that puts unfit parents’ demands ahead of children’s best interests. That was the Government’s own verdict.
The reality is that that is simply an exacerbation of a problem that has engulfed the family courts since 2010. The Government’s cruel decision to remove legal aid from the majority of such cases has led to ugly and disordered scenes in courtrooms nationwide, as parents are forced to represent themselves without sufficient support or understanding of how the system is supposed to function.
Diminishing access to legal aid has only caused further delays in the courts, and denies victims justice. To address the backlog, the Government should properly fund civil legal aid and restore legal aid for early advice for family cases, so cases can be resolved more efficiently.