EMERGENCY CAFCASS GUIDELINES TO CONTINUE UNTIL SEPTEMBER 2010

[Alison J Stevens]

President’s Interim Guidance renewed

Emergency measures to relieve pressures on Cafcass extended until 30 September

As widely predicted, Sir Mark Potter, the retiring President of the Family Division, has extended for another six months the Interim Guidance in
respect of Cafcass's functions.

The aim of the guidance, originally issued in July 2009, was to put in place measures which
would address the backlog in the allocation and reporting of children's
guardians while preventing backlogs arising in respect of new work in a
planned and time limited way. It was intended to be a temporary
solution to help in an emergency situation. The guidance was to cease
to have effect on the 31st March 2010 at which point it was expected
that the backlog would have been substantially reduced.

In early February, the President wrote to organisations with an interest
in the operation of the Interim Guidance, to advise them that it seemed
likely that renewal of the Guidance would be necessary for a minimum of
six months and to ask for comments. Some, including Cafcass, thought
that if real progress were to be seen in the face of the level of cases
brought, twelve months was appropriate. However, the President was
prepared to renew for only six months.

The President has explained that he and the judiciary generally have, through the medium
of the interim guidance and local agreements made under it, and by
maintaining close contact and co-operation with local Cafcass managers,
done all that they can consistently with the welfare provisions of the
Children Act to assist Cafcass with its problems. The performance of
the non-judicial agencies involved is now a matter for Government which
must assume responsibility and take an inter-departmental lead in
urgently pursuing a solution to these problems. Sir Mark has written to
the Ministry of Justice setting out what he considers to be required.

Changes to the Interim Guidance have been kept to a minimum. They fall broadly
into three categories: (i) necessary alterations to the dates
consequent on renewal; (ii) changes consequent on recent developments,
such as the issue of the Revised Private Law Programme Practice Direction and
the introduction from 6th April 2010 of a new application form for
section 31 Children Act 1989 applications and (iii) certain changes in
recognition of possible local management difficulties resulting from
the wording of the original Guidance.jUSTICE