header-logo header-logo

Public Law Working Group reports back

02 March 2021
Issue: 7923 / Categories: Legal News , Family
printer mail-detail
Fact-finding hearings in the family courts need to undergo a ‘cultural shift’, a working group set up by the president of the Family Division, Sir Andrew McFarlane, has said.

They should focus only on what is necessary, the Public Law Working Group’s report said, and ‘it should be rare for more than six issues to be relevant’.

This is one of 47 recommendations for change made in the report, published this week. The group was established to look into the steep rise in public law family cases in 2016/17 and 2017/18. Numbers remain high―in the past ten years, initial referrals to social care have risen 22%, children subject to a child protection plan by 87%, and numbers of looked-after children by 24%.

The report’s recommendations include placing more emphasis on judicial continuity, reducing the use of experts and renewing focus on ‘necessity’, allowing judicial extensions of the 26-week time limit and promoting consistency of outcomes on a national basis. 

Sir Andrew endorsed the report.

Issue: 7923 / Categories: Legal News , Family
printer mail-details

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
back-to-top-scroll