Ministry of Justice announces wide-ranging review of family justice system
Expert panel will report upon the family justice system in England and Wales
As part of the government’s initiative on families and relationships, embodied in last week's Green Paper, the Ministry of Justice has announced that it will appoint an expert panel to consider the best methods for avoiding confrontational court hearings, and encouraging the use of mediation to deliver fairer and less acrimonious settlements that place the needs and interests of children at the heart of the system.
The paper also contains proposals which would make it compulsory for privately-funded clients of the family justice system to consider using mediation before having child contact disputes heard in court – bringing it into line with the current system covering families represented by legal aid.
Justice Secretary Jack Straw said:
"We know that for many families the current family justice system is proving far too complicated, and its adversarial nature can lead to bitter, lengthy court hearings, prolonging what is already a stressful and emotionally draining experience.
"While the vast majority of separating parents settle their disputes privately, for those who do need access to the system we need to find a better, fairer way to forge lasting agreements for the care of children. Research shows that children adjust to family breakdown better when a couple manages to maintain working relations following a separation – the review is about making sure the justice system helps parents to achieve this."
The government says that it will also continue its work on ensuring people involved in family proceedings know about the availability and benefits of mediation, through providing online information on mediation and exploring ways to reach families with the information they need before their case comes to court. It will also work with the Family Mediation Council to build on existing accreditation schemes for mediators.
In addition, the government will seek peoples’ views on whether making family mediation assessment sessions compulsory for privately-funded court users, bringing them into a similar regime as legally aided court users, will increase awareness and take up of family mediation.
A Review Panel, made up of four independent representatives and senior government representatives, will be appointed in the coming weeks and will be assisted in its work by an consumer and stakeholder group, made up of experts from across the family justice system, academics and consumer specialists. It will consider wider perspectives from a range of people involved in or experiencing the family justice system and will include possible calls for evidence, focus groups and formal consultation as part of its work. The panel is due to report its findings in 2011.
The terms of reference of the review panel can be accessed on the Ministry of Justice website.