Our work on family policy has two main strands: firstly, we help couples try to save their marriages or other relationships; secondly, where that does not work, we help them to deal with the consequences of family breakdown with the least damage possible, especially to any children in the household.
A stable family background is usually the best environment for the growth and development of children.
Target
To work with the voluntary sector to increase the availability of more effective and accessible marriage and relationship support, especially where children are involved. Where adult relationships do break down, we want to ensure that couples have the information and help they need, that children are enabled to remain in contact with both parents (where that is in their best interests) and that the arrangements are handled as well as possible (SDA19).
The Lord Chancellor has statutory responsibility for marriage and relationship support. He funds voluntary sector work in line with strategy being developed by his Advisory Group on Marriage and Relationship Support (AGMARS). Earlier this year, we published recommendations made by the Group to develop and improve the support services available to all adult couples; to improve the working relationships between service providers and with Government; and for better and more widespread understanding of the services available to help people support and strengthen relationships. Our priorities are preventive work and reaching those in most need and who can be the hardest to reach, including minority groups.
In family disputes, we aim to direct families and children to the service that best meets their needs. The Family Advice and Information Networks (FAINs) offer a 'one stop shop' with advice and support services for people whose relationships break down. We are also promoting family mediation as a means of resolving disputes.
Target
To increase continued contact between children and the non-resident parent after a family breakdown, where this is in the best interests of the child (PSA8).
Ideally, separating couples should be able to part with the minimum of distress possible and the interests of their children should be safeguarded. We can measure how well we achieve this by the extent to which children retain contact with both parents. The evidence shows that it is strongly in the interests of children to remain in contact with both their parents: apart from the emotional benefits, fathers who have contact are much more likely to pay child maintenance. Thus when we provide services and information to divorcing or separating parents, we emphasise at every stage the importance of their children remaining in contact.
However, in some circumstances, contact is not in the best interest of the child and may pose a threat to the welfare of third parties, such as a risk of violence. We are careful to take this into account. We have consulted widely and in February we held a seminar with academics to consider the research in relation to our policies.
Our activities relating to the justice system as it affects children have focused on two key areas:
Following public consultation, the Children Act Sub-Committee of the Lord Chancellor's Advisory Board on Family Law (CASC) published their report on the facilitation and enforcement of contact on 8 February 2002. The Government is considering how best to take forward CASC's findings over the coming year.
In cases of domestic violence, contact may not be in the children's best interest. The CASC guidelines on parental contact with children where there has been domestic violence have been widely promulgated and incorporated into training and guidance, and were received positively.
Looking to the future, we are developing child contact centres. Referrals should only be made where it is safe to do so and the services can meet families' needs.
Objective
To improve the lives of children and help build and sustain strong families - through providing a legal and procedural framework to sustain family relationships and when they do break down to resolve dispute, with the least distress to those affected especially the most vulnerable (SO5).
Relationship breakdown can lead to domestic violence. The Government is committed to promoting responsive justice systems that support victims and put the safety of women and children first. A key element of the Government's strategy will be a project run by LCD to improve inter-agency co-operation - this means helping the civil, family and criminal justice systems to work in a more integrated way.
Our work on delay has focused on care and adoption proceedings. Nearly one in four children are born outside of marriage, many of them to committed cohabiting couples. The Adoption and Children Bill introduced to Parliament on 19 October 2001 included provisions to enable unmarried fathers who jointly register the birth of their child with the mother to acquire parental responsibility without further formality.
Specialist County Court adoption centres were introduced on 1 October (1 November in London) along with case management guidance. We evaluate the centres and guidance on an ongoing basis to make sure they meet the needs of children and both birth and adoptive families; and to develop an indicator for adoption cases. We will support the judiciary and work with key stakeholders to develop more effective case management in care proceedings. We will evaluate best practice in pilots starting next year.
Our evidence clearly indicates a connection between supportive family relationships and a child's emotional well-being and self-esteem. Our work links with that of other government departments, in particular the Children and Young People's Unit. The Social Exclusion Unit's work on runaways indicates that where these relationships fail, children are more likely to run away and lose contact with one or both parents.
Our recent consultation paper Promoting Inter-Agency Working in the Family Justice System examines ways to identify and disseminate best practice.
The Children and Family Court Advisory and Support Service (CAFCASS) was established on 1 April 2001 by the Criminal Justice and Court Services Act 2000 as a new national Non-Departmental Public Body for England and Wales. CAFCASS brought together the functions of three respected services that support vulnerable children in family proceedings: Family Court Welfare Service; the work of the Guardians ad Litem and Reporting Officers; and the Children's Divisions of the Official Solicitor.
CAFCASS' primary duties in respect of family proceedings in which the welfare of children is or may be in question, as set out in the Act, are to:
CAFCASS supports children and their families in the family courts and other settings to ensure that their voices are heard and that a decision is reached that is in the best interests of the child. It has an important role in protecting the rights of children in public and private law proceedings where children are at risk.
It has been a challenging year. There have been some teething problems with funding, managing and completing the set-up, and the employment status of service providers. The service is now moving on to develop and deliver an improved service to children and families. CAFCASS will produce an Annual Report on its first year of operation in summer 2002.
Contact information for CAFCASS is in Section 8.VI [CAFCASS].
Many families struggle with looking after elderly relatives or other people with mental incapacity. They are among the most excluded people in society and their number is likely to rise substantially as the population gets older.
The Public Guardianship Office (PGO) was established in April 2001 to discharge the Court of Protection's decisions on behalf of people with mental incapacity. It took over from the Public Trust Office (PTO), which ceased to exist from that date. All the PTO's mental health functions (Protection, Receivership and Enduring Powers of Attorney) transferred to the PGO; its Trust work moved to the Official Solicitor's Office; and the Court Funds Office, which holds funds deposited in court, was transferred to the Court Service.
The aim of the PGO is to promote and protect the financial and social well-being of people with a mental incapacity by providing a seamless service that responds to their needs. Its objectives are:
The PGO has an on-going change programme to improve and enhance its services to become increasingly accessible, flexible and aware of clients' changing and developing needs. We will engage with a wider base of potential clients and organisations through improved communications and research that tailor our services to client's and receiver's needs.
We have already improved our service through:
We have made much progress but there is still a lot to do. We are developing a new computer system to make our services faster and more efficient: information on cases will be instantly available on desktop computers. We are also developing a flexible service and protection strategy, which will balance the varying needs of clients and their representatives and ensure that we meet our clients' financial interests with integrity.
The cases handled by the PGO fall into two categories: receivership and protection. A receiver is someone appointed to handle the affairs of a person when they become incapable of doing so for themselves. In most cases, this will be a relative, family friend or solicitor. The PGO's protection function makes sure that the receiver does their job properly.
In rare cases where an alternative receiver cannot be found, the Chief Executive of the PGO is nominally appointed as receiver instead. In such circumstances, the receivership section of the PGO will carry out the functions normally handled by the receiver.
Target
By 2004 to complete the review of 100 per cent of accounts received or have requested further information within 4 weeks of receipt, with an interim target of 95 per cent within 6 weeks by 2002 (to apply to both Receivership and Protection Divisions) (SDA29).
At 31 March 2002, we had completed reviews of 97.2 per cent of accounts within six weeks.
Target
By 2003 to collect 60 per cent of accounts within 2 months of the accounting end date; 80 per cent within 4 months of the accounting end date; and 100 per cent within 6 months of the accounting end date or refer to the Court of Protection, with interim targets of 50 per cent, 70 per cent and 100 per cent by 2002 (applies to Protection Division only) (SDA30).
We collected 65.8 per cent of accounts within 2 months of the accounting date against this target of 50 per cent by 2002; 88.3 per cent of our accounts within 4 months of the accounting date against our target of 70 per cent by 2002; and 98.1 per cent of accounts within 6 months of the accounting date against a target of 100 per cent. Other action was taken for the remaining 1.9 per cent.
The former PTO had serious problems with prompt submissions of annual income and expenditure accounts by private receivers which in turn made it difficult for PTO staff to consider these submissions on time. Following the transfer to the PGO, we introduced a new accounts form in April last year, followed by a receivers' survey in which 91 per cent said the new form was either easy or very easy to complete. This new form and more rigid chasing mechanisms have significantly improved the turnaround times of the review of accounts. We have improved our service to clients through monitoring and protecting their financial affairs more closely.
Based on our current performance, we expect to achieve our interim targets for the year ending 2002.