Judges – could you take part in this survey?

Julie Doughty at Cardiff University has been funded by the Nuffield Foundation to do research on responses to the January 2014 practice guidance on sending judgments to Bailii. She has asked me to gently remind any family court judges who may read Pink Tape that the survey on their views is open until 30th September. The survey has been approved by the President, who kindly forwarded it to all judges at the beginning of August. The documents can also be downloaded from this webpage, which outlines the project.

Julie would be very pleased to receive further responses from any Family Court or High Court judges who may have missed the initial request.

 

Really serious and imminent

Newsflash : We’re all flat out and it ain’t getting any better. I hadn’t noticed.

The President however, has time for the production of two views in the space of a month. And in this one are some shocking figures. He is right, it’s a flipping crisis. And yes, it will be uncomfortable. If by “uncomfortable” you mean “a disaster”.

Number 15 contains a familiar motif : I shall call it the “make it so” syndrome. Remember “it must be done it can be done it will be done”? It lives on in this iteration of the View saga : “we’ve got too much work, not enough people, not enough money, the figures don’t add up – but it’ll be fine…somehow..” Yes, chaps. We must make like Nike and “Just do it”. Anyone got a plan?

At least there is no suggestion that the flippin’ online court is a solution.

The President poses some very good questions that require research. Of course nobody is collecting the data that would be required to actually do this research and the judiciary have no research funding with which to make it so. And questions without answers butter me no parsnips. Or something.

Having reiterated his commitment to the tandem model (yah boo Daily Mail) he proposes first aid in the form of (wait for it) more bundle discipline. Give me strength. I know we’ve only got half a sheet of sticky back plastic and an empty bottle of mild green Fairy liquid to work with – but there comes a point where you have to call it like it is. If we’re being up front enough to call this a crisis lets be frank and face up to the fact that we can’t make this stack up by slashing bundles. And the uncomfortable truth is that we can’t even make this stack up by sprinkling magic FDAC / Pause fairydust on the numbers so they become less “uncomfortable”. FDAC is a fantastic thing, but it is very heavy on judicial time from what I understand, it requires a certain type of judge and it suits a certain type of case. And more to the point it requires a willing and able local authority to bank roll it. That would be the same local authorities who are wildly issuing proceedings in respect of all the falling apart families they can no longer afford early intervention and support services for. So, wiv respeck : it ain’t happening Pres. From where I’m standing the increase in care cases is not all drug and alcohol cases, nor is it all repeat mums – and PAUSE and FDAC won’t touch the sides. The cases I am seeing are sexual abuse and physical harm and long term neglect, domestic violence and mental health and honour based violence and emotional harm from conflict…. For what it’s worth (and frankly we don’t have the bloody research the President opines that we need so my view is as good as anyone’s) the causes of this rise are indeed multifactorial. These things stick out for me :

  • some of it is because we aren’t supporting families to prevent issue – that’s to do with resources
  • some of it is because we are getting better at recoginising different types of harm, in my view particularly emotional harm
  • and some of it is the risk monster : Our child protection system is simultaneously hypersensitive to risk and yet spectacularly poor at protecting. See Bilson and Devine here (see, there is SOME Research!).

Some of it is because of temporary blips like cases on s20 – but I don’t think that’s a key issue.

I’m bemused at how this judicial comment thing works. This President it seems is not constrained terribly much by the convention against political comment. He’s certainly happy to dip his toe in. And yet…the scale and depth of this crisis is spelt out in stark numbers and plain english. But it’s like a skeleton argument which forgets to set out the orders sought at the end : more tools and resources please. If it is appropriate for the President to advocate the carrying out of significant research with a view (presumably) to reducing its workload in the long term, then surely it is not inappropriate for him to also advocate and demand more resources in order to properly discharge the core judicial function of deciding cases fairly? But on this point the President capitulates – it is always “we must assume there will be no more resources”. Why does the “make it so” syndrome extend to everything but this? Why is this the one thing that cannot be said? How can we make it so with no more judges or sitting days (and with High Court judges now doing half the Court of Appeal’s work too), no more resources, increasingly complex novel types of case, closure of court buildings, facilities and procedures for vulnerable witnesses in a mess, social workers and local authority legal departments in meltdown, and reductions in legal aid and a legal profession that is at capacity already? I know family lawyers don’t do pleadings, but it is like a pleading without a prayer.

This make do and mend approach to our justice system is becoming ridiculous. It is amateurish and embarrassing. This is not a hole in our trousers that needs patching. We’ve got nowt but a pair of kecks to cover our nakedness. The President is darned right it is uncomfortable (ha! darn – serendipitous pun there). And you can bet your last pair of clean underpants that it will ALWAYS be the fault of the lawyers and the judges (and the social workers) when the crisis becomes a catastrophe. Just as this last week in Parliament the family courts and judges were blamed for so-say failing women victims of domestic abuse, where when in reality much of what is complained of is completely outwith the control of the judges, and instead results from the decisions of government / Parliament (of which more another time – that was to be tonight’s blog post but the View disrupted my schedule).

Gotta licence to eat cake…

OK ok, last running update before the race. I made my 13 miles in my last training run. Just. I am feeling positive again. And also a bit elated it is almost over…

Thanks to everyone who has donated. We’ve now raised a smashing £686 for The Transparency Project, which is a tidy sum.

Anyone who hasn’t donated and wishes to do so – there is still time : here is my justgiving page.

You may now enjoy pictures of me looking sweaty, with celebratory ice lolly (followed by a shower, a massage and then cake…a LOT of cake). Don’t get over excited now…run1 run2