Lawyers question whether case plummet is linked to introduction of MIAMs
The number of private law cases received by the Children and Family Court Advisory and Support Service (Cafcass) has plummeted since last April, when compulsory mediation information and assessment meetings (MIAMs) were introduced, leaving family lawyers puzzled.
Recent Cafcass statistics show that from April to December 2014, a total of 25,468 cases were received. This compares to 36,179, 33,886 and 30,365 for the same periods in 2013, 2012 and 2011.
Anyone considering making an application to the family court must first attend a MIAM. The family court will refuse the application unless a mediator has confirmed that the case is not suitable for mediation and has explained why. Legal aid is no longer available for the majority of private family law but MIAMs are publicly funded.
Simon Blain, senior associate at Penningtons Manches and a member of the Resolution children committee, says: “I believe it is too soon to say whether the drop in private law court applications is directly attributable to these changes.
“What we really need to know is whether the people who are not applying to court are managing to resolve their disputes in mediation. We also need to know if the people who used to qualify for public funding are accessing mediation and, if mediation is not suitable, whether they are applying to the court as litigants in person, or whether they are simply no longer accessing the family justice system. Finally, we need to know whether families, and particularly children, are better or worse off as a result of these changes.”
Kim Beatson, partner, Anthony Gold Solicitors, says: “The decline in Cafcass private family law cases does not surprise me for two reasons.
“The abolition of legal aid for family litigation but the continuing availability of legal aid for family mediation, leads me to conclude that solicitors are signposting clients to mediators. In my own experience clients are also finding their own way to us as I have certainly noticed an increase in child mediation work.
“Another reason may be reluctance on the part of family judges to involve Cafcass officers. I have noticed a real analysis of whether there are welfare issues in parenting disputes as opposed to arguments about the division of parenting time. In the absence of welfare issues it seems highly unlikely that Cafcass will be involved and I am certainly treating Cafcass as a scarce resource.”
Resolution is currently conducting research with its members on the impact of the April 2014 reforms.
Simon Bethel, co-chair of the Resolution children committee, says the fact the reduction in applications issued coincides with the introduction of compulsory MIAMs could mean one of two things.
“First, either the cost or inconvenience associated with this extra hurdle is putting people off the application process altogether, leading to potentially loss of contact between children and non-resident parents. Or, on a more positive note, it could mean that more cases are being kept out of court as they have been successfully resolved through mediation.”
