Annex E
Response to the consultation document
Supporting Families |
Introduction
1. This document contains the formal response of the Lord Chancellor's
Advisory Board on Family Law to the Consultation document Supporting
Families. It commences with some general comments about the Document
as a whole, followed by the Board's views on specific questions.
2. The Advisory Board considers that there are a number of areas
which are notably absent from the Consultation Document. No mention is made
of support for families following bereavement and also no consideration
is given to meeting the needs of the families of people in prison. The support
of children following the divorce of their parents is also not addressed
in the Document. The general tone of the Document is rather paternalistic.
It implies that services should be provided for people rather than that
people should be empowered to take charge of their own lives, including
how and when to seek assistance.
3. The Advisory Board is also concerned that the support of the institution
of marriage is seen predominantly within the context of the welfare of children.
Whilst the Board acknowledge the negative effects of relationship breakdown
on children, members consider that there are a number of positive socio-economic
benefits to marriage and to stable relationships for couples who do not
have children. These more general benefits of marriage and family life should
not be overlooked.
4. It is the view of the Advisory Board that progress towards a system
of divorce without the necessity of proving some kind of marital 'fault'
and the encouragement of the use of mediation to resolve disputes in family
proceedings will remove many of the sources of bitterness and difficulty
encountered by families in the present divorce procedures. The Advisory
Board believes that the principles enshrined in the Family Law Act 1996
of supporting marriage and bringing marriages which have broken down irretrievably
to an end with the least possible distress to the parties concerned and
to any children involved are extremely beneficial. The Board therefore looks
forward in particular to the implementation of Part II of the Family Law
Act in due course, as a key step in supporting families.
5. The Advisory Board welcome the importance given in the Consultation
document to the wider family. Little attention has been paid, form example,
to the positive role which some grandparents can play in caring for children
during times of parental separation and divorce.
6. The Advisory Board also welcomes the fact that a Government-wide
approach is being taken to supporting families. We hope that the various
Government Departments involved will work together to deliver the improved
support envisaged in the consultation document.
Specific Questions (where the Advisory Board wishes to comment)
Question 1
7. The Advisory Board is concerned that there does not appear to be
a satisfactory research basis for the National Family and Parenting Institute.
The Board believes that such an Institute will require a sound basis in research
work in order that it can adopt a consistent approach. The Institute will
also require a clearly defined constitution to distinguish its role from that
of other agencies. It is vital that the Institute is seen to reflect the multi-ethnic
and multi-cultural nature of society. The Institute should be pro-active and
should initiate reviews of such structures as local authority children's
services plans, behaviour support plans, drug action team action plans and
local crime and disorder strategies.
8. One of the difficulties for family and parenting issues is that
whilst many types of agencies can see the importance of issues, it is difficult
for them to give priority to practical steps within their own framework. The
Institute should be instrumental in finding ways to tackle this.
9. The Advisory Board would hope to be able to have the opportunity
to offer advice on the Institute's proposed detailed activities before
the Institute begins to operate.
Question 2
10. From the information meetings pilot exercises in connection with
the implementation of Part II of the Family Law Act 1996, the Advisory Board
can see that work needs to be done to help parents to discuss family difficulties
with children. In particular, it appears that strategies will not be effective
if reliance is placed on generalised information available to all. The provision
of such 'background' information may be helpful, whatever means
of distribution is used, but additional and more targeted information is also
required. Interactive technology, which offers the prospect of parents being
able to access information relevant to their particular needs in their own
homes, will be very helpful. Information should also be provided in forms,
such as drama or cartoons, which is able to cater for less literate parents.
Question 3
11. The Board is concerned at the suggestion that a National Helpline
would be the sole gateway to specialised services. We believe that helplines
may often not function well in this way, because people contacting them do
not have the opportunity to give much information about their particular situation
and there is a real risk of their being referred to the wrong type of service,
resulting in confusion and frustration for the person concerned. We believe
that the Helpline has an important role to provide information, listen to
people's concerns and offer some advice in terms of what other facilities
and organisations might be able to help the person rather than as a direct
source of referrals to specialised services. The Helpline will need to have
ways of keeping up to date with the provision of services locally and will
therefore need to have close relationships with other sources of information
for parents, such as Citizens Advice Bureaux, Councils of Voluntary Services
and statutory services.
Question 4
12. Whilst the Advisory Board supports the proposals for the work of
health visitors, there are resource, selection and training implications for
the health visitor service. The service has difficulties fulfilling its existing
role and will find it very difficult to meet the expectations of a broader
role.
Question 5 and Question 6
13. The effects of divorce on children whilst in school are well documented.
The needs of children involved in the divorce process must be addressed as
part of the education on parental responsibility. It is important that children
who are going through the process of their parents' divorcing are given
adequate support whilst in school.
Question 13
14. The proposal to provide a statement of rights and responsibilities
for married people is a good idea. However, whilst it is easy to see how couples
could be given such a statement before marriage, quite how, and when, cohabiting
couples could be provided with such a statement is more problematical. Nevertheless,
it would seem to be desirable to have the same document for both married and
co-habitant couples, with the different rights and responsibilities explained.
Question 14
15. The advice given needs to be helpful and relevant. Couples need
to be made aware of the nature of the responsibilities being taken on in marriage
and in cohabitation. Please also see the Board's comments in response
to question 15 below). The Advisory Board considers that education for relationships
should start at an early age with compulsory education in schools and should
be available continuously to people thereafter. Education and information
about relationships should be available throughout life, although the Advisory
Board noted a number of key points where people would need special assistance.
These were in particular at the point where a couple were contemplating marriage,
on the arrival of the first child and at the point where grown-up children
leave home.
16. The Board also considers it is important that education on relationships
includes some development of awareness of the issues surrounding domestic
violence. This could be built into the education on the avoidance of bullying
already given to children at school.
Question 15
17. It was acknowledged that formulating an agreement on the approach
to be taken if the marriage were to be brought to an end, before the marriage
had even begun, could weaken marriage and be undesirable. On the other hand,
such agreements could make divorce less adversarial. There is a possibility
that the provision of information about the nature of the responsibilities
taken on in marriage could assist couples in formulating such agreements.
18. If pre-nuptial or nuptial agreements are to be legally binding,
then the Advisory Board supports the list of circumstances set out in paragraph
4.23 which would prevent the written agreement from being legally binding.
19. The Advisory Board considered that under no circumstances should
pre-nuptial agreements be made compulsory.
Question 16
The Advisory Board took the view that it was reasonable for registrars to
provide more information in this way. However, great care would be needed
in view of the sensitivities involved in a multi-cultural society. People
should receive an information pack, including the statement, included in the
civil marriage ceremony, that in England and Wales marriage is the union of
two people for life. The Advisory Board does not believe it should be necessary
for couples to give 15 days' notice of their intention to marry and
does not believe that both partners should have to attend the register office
to give notice of marriage. In many cases this could cause considerable difficulties
because couples did not live in the same area or in the area in which they
intended to marry and could not easily attend an interview together at the
Registry Office during normal working hours.
Question 17
21. The Advisory Board is firmly of the opinion that people contemplating
divorce should first be required to attend an information meeting to help
them to decide whether their marriage really is over and to be made aware
of the consequences of any decision to divorce. The Board also believes that,
after receiving the information, people should be required to wait for a period
of three months before making a statement of marital breakdown, as required
by the terms of the Family Law Act 1996. The Board also considers that it
is important that the issues identified in paragraph 4.31 of the consultation
document are addressed at an individual meeting where there can be interaction
between the attendee and the information presenter. The Board agrees that
it would be helpful to have a separate group presentation to deal with issues
about children and finance and the helpfulness of mediation as suggested in
paragraph 4.33.
22. The Board feels that important evidence about the way information
meetings are working is emerging from the evaluation of the pilot projects,
and we expect to have strong recommendations to make to the Lord Chancellor's
Department in the near future. The Board endorses the need for people contemplating
divorce to be given information and considers that people need to be better
informed about the options open to them, which may require some degree of
interaction with the information presenter, so that the meeting can be tailored
to their particular needs.
23. However, whilst the Advisory Board considers that a separate group
information presentation would be beneficial to the process, the Board considers
it most important that Part II of the Family Law Act be implemented as soon
as possible and would not wish to have this delayed by any changes to the
requirements for attendance at an information meeting.
Question 18
24. The Advisory Board supports the development of the availability
of counselling within the context of a wide range of different types of help
and support being available to families over a period of time. Health visitors
will require additional skills and training if they are to fulfil the enhanced
role envisaged in the document. The Advisory Board supports the provision
of information on counselling services (in this regard, please see also the
response to Question 14 above regarding education for relationships).
25. There is a great deal to be done to define effectiveness in relation
to counselling services and to evaluate interventions. This will need to be
addressed within the context of any investment, recognising that any evaluation
must be multi-layered, involving specialist evaluations as well as the assessment
of more measurable outcomes.
26. The Board believe baby-naming ceremonies are a good idea, but feels
that both parents should attend unless there are compelling reasons to the
contrary.
Question 19
27. The Advisory Board welcomes the recent report of the Working Group
on Ancillary Relief and believes that there should be an objective for ancillary
relief proceedings. The Advisory Board firmly believes that the first consideration
for the court should be the welfare and interests of any child of the family.
Question 20
28. The Advisory Board was concerned generally about the research or
other factual background underlying this chapter. The proposals are noted,
but it would be helpful if the research evidence supporting the chapter were
made available, so that more informed comments could be offered.
» Return to contents
© Crown Copyright
