Pink Tape

A BLOG FROM THE FAMILY BAR

...in which I ricochet from too serious to too flippant and where I may vent, rant or wax lyrical at my own whim, mostly about family law. Constructive co-ranting welcome. More...

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People will always need plates

If you are as old as me you will remember what this is quoting. If you are not, here it is. It came from a time when adverts were an art form in themselves, a little microcosm of society, of life’s important moments and rites of passage and expected route – coming of age (exam results), love and marriage, domestic bliss and raising children (Hands that do dishes feel as soft as your face, aaaahhh Bisto!), aging and legacy (Fly Fishing by JR Hartley). Oh, and mortal danger from strangers at the swings (Charlie says), electricity pylons and Nic O-teen.

My kids don’t have to make all their phonecalls from the phone wired into the wall in the hall, or hang up at 59 minutes and redial to take advantage of BT’s 10p rate for calls less than an hour. But we do have exams in our house this year. I went today to a house clearance to rescue some items belonging to a recently passed couple that couldn’t be kept, hoping to give them a little bit more life and love, after their owner had passed. I don’t know the owners, but shades of JR Hartley nonetheless.

Time passes, life cycles on and comes full circle.

And so it is that in family law I sometimes have a sense of deja vu, like I’ve seen this bit of the cycle before.

The family justice system is not a system. It needs to become more coherent. Where have I heard that before? Oh yes, the Norgrove Review 15 years ago. When my own almost-adults were tiny wee things.

The Family Court is not the right place for separated parents. Most of them don’t need to be there. That one is played on a continuous loop, like the beep in ‘Lost’. One Government after another.

Courts and lawyers are ‘adversarial’. They drive conflict: An old favourite. Often hanging in the air and floating between the lines, but always around. And sometimes the quiet part (lawyers are a problem – lawyers are the problem is said out loud).

‘We must reduce cost and delay’. That one is like tinnitus. Buzzing away in an insistent high pitch even as you try to switch off, worsening as stress levels rise and sleep deprivation increases.

Divert, squeeze, reduce.

Of course, nobody can argue with this mantra. Diverting families from court, reducing delay and increasing efficiency are all good things.

Divert, squeeze, reduce.

Divert people from court, from legal advice and support, from judicial oversight and protection in law. Divert from nasty lawyers. You don’t need them anyway. Just sort it out. Simple.

Reduce timescales, case volumes, complexity, numbers of hearings, costs.

What about the squeeze?

Squeeze every case into a smaller box, shorter, more concise documents, smaller bundles, shorter time estimates, fewer hearings.

Everything must be done outside the courtroom doors so the case can be contained, progressed, resolved. Within timescale. Tick! Next!

Squeeze the lawyers.

Every action has an equal and opposite reaction. Efficiency costs. It isn’t free, even if nobody is paying for it with money.

More efficiency is achieved by more work by lawyers. To make hearings shorter, to make every hearing count. All for the same fee.

The cost is invisible (for now) because it is absorbed by the lawyers, who have done more and more and more work for 30 years without a single pay rise (not even for inflation and not even to reinstate the 10% taken off fees in 2012). And it works because it is easy for everyone to pretend they don’t notice that efficient, short hearings can only be achieved by hour after hour of work done late into the evenings and at weekends, routinely and for free. This is not an accident – it is structural, cultural, entrenched. The funding system ‘sees’ only work done in court. The judges conveniently forget that for every pithy 3 page summary many hours have been spent and many thousands of pages digested by someone else. Those who issue rules and guidance don’t trouble themselves with tawdry funding issues before creating new demands and expectations, and those who are responsible for funding consider only the tip of the iceberg (the length of the hearing, the size of the bundle) without regard to the actual work required. Nobody sees it because they choose not to see it. And because barristers have a conscience and do what is needed in the interests of their client, even if it is at the expense of their wellbeing, their family life and their bank balance. Within reason…the system trades on – depends upon – our goodwill.

The cost is invisible until the lawyers stop coming. Until they stop paying for efficiency with their own emotional capital, or stop turning up at all. Then the cost will be met by vulnerable families. The ones who really needed a lawyer, to guide them, to speak for them, to protect them. To test the evidence, to challenge the powerful or the abusive, to ask and to say what others dare not ask, or cannot say – to help the judge to protect safety and promote welfare and make sound decisions. To avoid unnecessary issues, and to support the resolution of unavoidable ones.

What are the rewards that lawyers, and that the family courts get for working harder and longer, and for supporting the courts to operate more quickly, more leanly and more efficiently? They get no pay rise for 30 years. They get ignored when the Government conducts a review of civil legal aid. They get told that sitting days have been reduced and that they now need to turn up the dial again in order to fit the workload into the resources available. More unpaid work in the name of efficiency. Are we turkeys and is it Christmas?

There will be a new Family Justice Strategy published by Government soon. It is easy to predict what it will say. Divert, squeeze, reduce. Front-loading is the phrase du jour. Sort it out before the lawyers can get to it and complicate things with their wasteful, resource hungry justice and equity. And even if these things are not said outright, the message will be in what is not said: you can’t have a functioning family justice system – you can’t have family justice – without properly funded courts and lawyers.

Maureen was right: You can divert, reduce and squeeze as much as you like. But people will always need plates, and food to put on them. Families will always need family courts. Not all families, hopefully not many of them. But when a baby is inexplicably broken, a parent is incapable or a child is unsafe, or when someone is accused of heinous abuse and at risk of losing their child forever, then they need a family court. And society needs courts to keep children safe from abusive or neglectful parents, to keep one parent safe from another, and to keep whole families safe from an over zealous state.

If social services wanted to take away your child tomorrow on the basis of suspicion I bet you’d want a lawyer and a court then.

So people will always need a family court, however much they are squeezed. You don’t need ‘an ology’ to work that out. And nor do you need an ology to know that a plate is no use to a hungry man if there is nothing to put on it.

At the end of the day, you can divert all the ‘easy’ cases to mediation or parenting support, but what about the ones you can’t divert? They need lawyers. Experienced, skilled lawyers who will put in the hours and do a rigorous job. And if we want those lawyers to pitch up we have to feed them. There is no such thing as a free lunch.

A skilled family lawyer doesn’t drive conflict, they steer a case to consensual resolution or an alternative forum, where they can – and where they cannot they drive a case to an efficient and fair judicial conclusion. Without us there will be more and longer, messier cases, more repeat application to court, more injustice and poorer outcomes for children.

The family lawyers of the future are looking elsewhere for their means of survival, because they see that the system does not value them (see the comments on my previous post here for two examples). Instead, it blames them for conflict and takes for granted and exploits their goodwill and sense of justice. The centre cannot hold for much longer. After 30 years it is time we were valued for our contribution.

#FamilyValued

Left hand, meet right hand (or: when you are as old as me there is nothing new in the world…)

I was 52 last week, so I suppose that since I've had twice as many times around the sun as there are supposed to be weeks in two generations worth of care proceedings, it's unsurprising if I feel like everything is changing and yet everything stays the same. But really, I do despair. Cleveland... Orkney... Re P... ABE (Achieving Best Evidence) Guidance (in various iterations)... Nobody has ever heard of them, it seems. Or at any rate 90% of the professional witnesses who set foot in the family court haven't. And the 10% who have often have a very *ahem* idiosyncratic understanding of what the ABE guidance actually says, and why it says it. Or so it sometimes appears to me, the grumpy old woman. Our bundles in the family court these days are chock full of case notes made by social workers which are written in the style of a particularly naff letter, addressed to the child in question - who is imagined in years hence to be reading through their social care records. For reasons I don't...

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A post script – what about the mother’s lawyer?

In An observation of a domestic abuse fact finding hearing - a worrying vignette (over on the Transparency Project website) I wrote about what unfolded during a family court hearing I observed as a 'legal blogger'. https://transparencyproject.org.uk/an-observation-of-a-domestic-abuse-fact-finding-hearing-a-worrying-vignette/ I think that anyone who is not familiar with the family court will have been shocked by some of what I reported there. But this post script is about another aspect of the family justice system which is also illustrated by that hearing. What I write about in this post script is not out of the ordinary: it is typical. It is not a bug, but a feature. This feature is hidden from view as a result of family court privacy, poorly understood by many, and easily ignored by those with the power to change things. It matters because legal aid lawyers are the oil that keeps the creaking family justice system moving. Without them, everything grinds to a halt. And children and...

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About time too…

The title of this post relates not to the shockingly long interregnum since my last, but to the news in today (via Jaime Craig, psychologist and member of the Family Justice Council) that the long heralded adjustments to the FPR relating to the instruction of appropriate psychological experts, have been approved and are about to come into force. There are a couple of important points of detail to note from the SI that brings these into being: Firstly, they come into force on 20 July, but ONLY for cases commenced after this date. So there will (should) be no messing around trying to unpick directions and instructions approved in existing cases. Pragmatically, that seems sensible in order to avoid a deluge of additional work. As a matter of principle I'm less convinced. But as any fule know: pragmatism and principle co-exist with increasing difficulty in the resource-starved family court. Secondly, the adjustments don't just relate to psychological experts but they are carefully worded...

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Wading through the Grey Goo

Prince Charles (as he then was) once popularised the phrase 'grey goo' (Explained and Americanised by Wikipedia as 'gray goo'). He wasn't actually talking about AI but about nanobots. AI was merely a twinkle in a tech-bro's eye at that point, but it sometimes it feels apt to describe the waves of samey AI junk we are all wading through, like so much verbal treacle. A colleague sent me this interesting looking article on the increasing use of AI in US Courts by pro se litigants (that's litigants in person or people without lawyers to UK lawyers and normal humans respectively): Access to Justice in the Age of AI:Evidence from U.S. Federal Courts I confess, because screens, the internet and social media have rotted my brain and destroyed my concentration span*, I haven't read it in full, but it is on my 'read it properly soon' reading list, and it chimes with what I think we are all seeing on the ground in our own practices over here. The immediate response from colleagues who were cc'd...

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What even IS Pink Tape?

Every time I have to explain to a youthful colleague what something now defunct was and how it used to work, I feel a little bit older... This week I thought someone was mistakenly evangelical about the new marketing idea that is corners. (corners being the little cleverly die cut pieces of card, showing a chambers' logo that one used to wrap around the corner of a skeleton argument before stapling, to make it look *mwah* and tip top!). As it turned out, in fact the image they had shared was of a digital corner on a digital document, which was rather a cute idea. Shoulda worn my varifocals... But just as I was mentally dummy slapping myself for that misunderstanding, there came a comment about pink tape (the thing not the blog). Which really has now fallen out of use entirely (covid being the death knell). When I started this blog in 2007 pink tape was still a recognisable thing which had meaning, at least to the lawyers who read this blog, if not necessarily all the non-lawyers. But...

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About this blog

“Pink Tape” isn’t just about family law. I post about topics that interest me, which mostly revolve around family law, but also include non-legal family-related topics as well as unrelated subjects. I hope this blog will convince at least one person that not all of us in the legal profession are money-hungry sharks. Some of us are actually quite nice. Additionally, I aim to provide useful information about family law for those working in the field without being too heavy or boring.

The primary goal of the blog is to improve the quality of public information and discussions about legal issues.

I understand that not everyone is a fan of “Pink Tape” or family lawyers in general.

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Blog Posts

People will always need plates

If you are as old as me you will remember what this is quoting. If you are not, here it is. It came from a time when adverts were an art form in themselves, a little microcosm of society, of life's important moments and rites of passage and expected route - coming of...

About time too…

The title of this post relates not to the shockingly long interregnum since my last, but to the news in today (via Jaime Craig, psychologist and member of the Family Justice Council) that the long heralded adjustments to the FPR relating to the instruction of...

Wading through the Grey Goo

Prince Charles (as he then was) once popularised the phrase 'grey goo' (Explained and Americanised by Wikipedia as 'gray goo'). He wasn't actually talking about AI but about nanobots. AI was merely a twinkle in a tech-bro's eye at that point, but it sometimes it feels...

What even IS Pink Tape?

Every time I have to explain to a youthful colleague what something now defunct was and how it used to work, I feel a little bit older... This week I thought someone was mistakenly evangelical about the new marketing idea that is corners. (corners being the little...

QLRs – what do the published judgments tell us?

Since judgments arising from the Family Court are not routinely published, what we see in them isn't necessarily representative of patterns within the Family Court as a whole. But they are one useful source of at least some information about how the QLR system is...

We have survived January! Rejoice!

It really was a loooong month, wasn't it? Death, storms, and the general dank gloom that comes with this time of year. We escaped actual flooding or storm damage here, but it's not far from us. Quite apart from the weather though, the flow of urgent tasks has been...

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Anonymized or fictional

All the information on this blog is anonymized or fictional to avoid causing any trouble for anyone, including myself. I have modified details to prevent the identification of specific cases.

Comments

 I won’t approve comments that, in my judgment, breach privacy laws related to family matters. Unless individuals have been identified in a published judgment, I won’t disclose their involvement in any proceedings.

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