Judicial Bovver Boots

“Separated mothers must not get away with ‘Catherine Tate justice’ and ignore dads’ rights, says Appeal Court judge”

This is the Mail’s take on McFarlane LJ’s recent speech (The 10th Hershmann Levy Memorial Lecture). Not only do they inexplicably fail to use the mandatory phrase “Top Judge”, but they also miss out a lot of the content of a really interesting speech. However, if you were wondering, they are entirely correct in saying that McFarlane did quote Catherine Tate “am I bovvered?”, saying that this sort of attitude to contact applications will no longer wash (not news to lawyers). The article does not disclose whether his Lordship did the voice. I like to think he did. Badly, no doubt.

Anyway, for anyone feeling a bit “bah humbug” about 22 April, for those who are teetering only the cusp of a meltdown rather than anything more momentous, and who are rather cynical about the significance of CAP and a few new labels – this speech is a powerful argument for it all being about the beginning (revival?) of a substantive cultural and societal change rather than some superficial rejigging of the nomenclature.

What is rather telling of course is the acknowledgment in the speech that the public are not quite on board with this movement, even after more than twenty years – and indeed are largely unaware of it, lagging behind with their newspapers full of stories about “custody”.

This speech, with all its popular cultural references, is explicitly directed not just at lawyers but also at the public. The reference to Catherine Tate has been effective in getting the story reported (and the Mail article has been shared almost 3,000 times) but, entirely predictably, the Mail focuses on the Catherine Tate references and neither links to the speech nor reports fully the wider issues raised – in particular the reassertion of the imperative to put the responsibility back in PR.

McFarlane says the key to the success of the reforms is “Education Education Education” rather than “Enforcement Enforcement Enforcement”. And there’s the rub.

Sadly, the article in the Mail gives the impression its all about judicial bovver boots and enforcement, and the mechanism of judicial speeches as filtered through the mainstream press’s “newsworthy” filter is not the most subtle or efficient educational tool any more than the court is a subtle or efficient tool for fixing families. Wouldn’t it be better if the government, having made substantive changes to the law and process, and wishing to change the behaviour and expectations of families, would fund a proper public legal education campaign (by which I mean more than a couple of websites), complete with tv ads and all? a proper public legal education campaign that finds people rather than waiting to be found when the right search term is entered in google. It really should not be left to the judiciary to divert litigants from the door of the court.

Triumph of process over form?

Please visit Suesspicious Minds for a consideration of the issues raised by an article in the Gazette about DJ Crichton’s views on the PLO. It articulates some of the concerns I know many share (myself included), and some of the ambivalence that we feel about the new PLO pilot and proposed statutory reform. It is rare to hear such non-conformist views these days, and even when they are articulated they are often drowned out by the roar of the rushing cascade from the President (pun intended) and the constant dripping of authority from the Court of Appeal about the importance of intellectual rigour in adoption cases. For we have all seen cases where delay has run wild, and a grave injustice is done. And I think if we are honest, we may now appreciate that there was a real need for a major shake up of the way we approach delay, and for the imposition of some form of constraint or structure. Professionals were lazy and late. Lawyers did take the piss. Judges eyes were sometimes off the ball. BUT. But but but. I can think of a number of cases where there has been unnecessary delay caused by parties other than parents or children and where in order to reach a fair and right outcome it is necessary to postpone a conclusion until beyond 26 weeks (culture change amongst lawyers and social workers is not yet complete). And I can think of a number of cases I have dealt with where rehabilitation has been possible but which under the new regime would be highly doubtful. And I can think of a number of frightening stories of misinterpretation at FPC level of the 26 week rule – where in essence we make it as fair as we can within 26 weeks, but if it hasn’t been done or can’t be done (for whatever reason) in time for 26 weeks thats tough. End of.

Its a difficult balance. It would be easier to identify and argue for those adjournments where on the merits an extension beyond 26 weeks is justified if we were not still dealing with cases where 26 weeks is rendered necessary by poor case management or preparation by the parties. The last two final hearings I’ve dealt with have been adjourned because they were not ready – if IRH’s were being properly utilised this should be a rare occurrence.

I have been modernised…

This week I attended a lecture by our new Designated Family Judge here in Bristol, His Honour Judge Wildblood QC, to inform the legal community about modernisation, the new PLO and how things will be in the new world order. Although some of the lecture dealt with local approach to particular issues, the majority of it will, I think, be illuminating for those practising further afield. So below are my notes of that lecture. Lawyers beware.

4 Concepts:

  • Communication
  • Collaboration (team work)
  • Change (recognise and accept)
  • Committment

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