Family Presiding Judge for London to issue practice note to ensure “rigorous adherence” by legal practitioners to rules of court
The Family Presiding Judge for London has written to children law practitioners in London about compliance with the Public Law Outline (PLO), after observing that the capital is “struggling to achieve the change of culture that is required” by the relaunch.
In a letter to the Association of Lawyers for Children earlier this month, Mr Justice MacDonald wrote: “It is acknowledged that London faces particular challenges that may impact on performance.
“However, since the relaunch of the PLO on 16 January 2023, other major metropolitan centres in England and Wales have achieved significant progress towards complying with the law that sets the time limit for care proceedings.”
One of the key aims of the PLO was to ensure that the statutory requirement of completing each case within 26 weeks is met “once again”.
However, as of 4 November 2024, London had 130 cases over 90 weeks in duration.
Mr Justice MacDonald acknowledged that “significant” work has been undertaken in the capital by the Designated Family Judges and statutory agencies to improve practice, increase efficiency and reduce delay.
He said: “These efforts are now being incorporated into a Family Justice Strategy for London. As part of that strategy I intend, with the permission of the President and the support of the Lady Chief Justice, to issue a Practice Note for London in order to address the matters that I have identified as driving the current disparity in performance in public law proceedings.”
The Practice Note would aim to:
- ensure “rigorous adherence” by legal practitioners to the rules of court;
- reduce the number of assessments and expert reports sought;
- make more efficient use of court resources by reducing significantly the number of hearings per case and limiting care proceedings to their “proper statutory scope” by dealing only with those issues the court is required to decide in order to determine the proceedings;
- compel a “far greater focus” by legal practitioners on planning and preparation for case management hearings;
- ensure the proper use of the Issues Resolution Hearing to resolve or narrow issues.
Mr Justice MacDonald said: “The work of the family justice system is a human endeavour which, of course, cannot be reduced to the question of performance alone. However, work done by Cafcass with children shows clearly that delay in making decisions about their lives increases their feelings of stress and anxiety about what is happening to them, disrupts their important family relationships and affects their schooling and friendships. In short, delay in proceedings is harmful for them.
“Within that weighty context, I know that public law legal practitioners will work hard to ensure compliance with the requirements of the forthcoming Practice Note when it is launched.”
Lottie Winson
