Meeting Summaries
The Family Justice Council
Executive Committee
Minutes of the meeting held on Monday 13 June 2005
in room W15 Royal Courts of Justice
Present:
The Right Honourable Lord Justice Thorpe (Chairman)
Her Honour Judge Newton
Jane Booth
Paul Clark
Elaine Laken
Mark Ormerod
Khatun Sapnara
Paul Scatherd (CAFCASS, Guest)
Sam Sprague (Secretariat)
Laura Russell (Secretariat)
Announcements and apologies
1. Apologies were received form Bruce Clark, Terry Grange, Sheridan Greenland and Dr Rosalyn Proops.
Minutes from the last meeting: 28 February 2005
2. The minutes were approved.
Matters arising
3 Item 3 Business Plan
The meeting discussed the draft business plan and members suggested amendments.
Sam Sprague to make the agreed amendments to the business plan and send to Ministers for approval by 21 June 2005.
Expert Training
Proposal to protocol judges to be circulated to members - ACTIONED
Thorpe LJ to speak to Sumner J re agenda item for President's Conference - ACTIONED
FJC member's T & S Expenses
Khatun Sapnara informed the meeting that she had spoken to the FLBA regarding paying T & S claims. The FLBA were resistant to this as they felt that as the FJC had a budget they should pay members T & S claims. Khatun also pointed out that the Barrister representative on the FJC did not have to be a member of the FLBA. It was agreed that all T & S claims would be paid by the Council in accordance with the guidance circulated to members following the 18 April meeting.
Finance for local FJCs
Dr Proops to be copied into to any letter sent to local FJCs re membership - ACTIONED
Item 4 Expert's Working Group
Secretariat to produce a running list on papers and action points - ACTIONED
Thorpe LJ up dated the meeting as to the work of the sub-group. Elaine Laken reminded the committee that she had previously requested a piece of work to be produced that gave a clear understanding of the expertise that should be within the competence of a guardian and social worker and that it should be added to the guidance produced by the Experts sub-committee. Thorpe LJ responded that the Experts sub-committee had been dealing with experts on physical and mental health and had not given any thought to the role of Guardians and Social Workers. Judge Newton agreed that this would be a useful exercise.
Action: Jane Booth to provide a report to the next Executive Committee meeting on the roles of Guardians and Social Workers.
Item 7 Charles Prest's letter re Checks on Experts instructed in children cases.
Expert sub-committee to look at the issue of checks on experts - ACTIONED. Dr Proops had contacted the DoH regarding this matter and they had informed her that it was the responsibility of each organization and that there was no central plan for retrospective checks
Item 9 Any Other Business
Thorpe LJ referred the meeting to the papers produced by Professor Corrine May-Chahal. It was agreed that these papers should be developed. Dr Proops and Jane Booth to produce a 1 page document for consideration by Paul Clark - ONGOING
ACTION: Jane Booth to speak to Dr Proops and report back at the next Executive Committee meeting
Experts Sub-Committee
Laura in consultation with Thorpe LJ to arrange a meeting in early April of the Expert Training Sub-Committee - ACTIONED
Admission of the public to and reporting restrictions on family
4. This was an action point from the main Council meeting on 18 April. The Executive Committee to send a letter to the Government conveying the strong view of the Council
Thorpe LJ informed the meeting that the letter had been sent to Baroness Ashton on 27 May 2005.
Publication - Working in the Family Justice System
5. Thorpe LJ informed the meeting that he had met with Liz Walsh and Jordans to discuss the publication. It was agreed subject to contract that the FJC would block buy 120 copies at £20. This means that the FJC are committed to a maximum of £2,400. It is intended that 3 copies will be distributed to each local FJC. The last edition of the book sold 750 copies.
Dartington fellows conference
6. Thorpe LJ informed the meeting that he had met with Professor Mervyn Murch and was in the process of drafting a standard letter which will be sent to all providers asking them what training they offer and what use they would make of the curriculum.
ACTION: Thorpe LJ to provide for the next Executive Committee meeting a copy of the pro forma letter, a list of where the letter was sent and an analysis of the information gathered.
Website proposed by Professor Masson
7. Professor Masson is due to meet with Jeremy Gould from the DCA to discuss what is required. She should be in a position to report back at the July meeting on progress so far and hopes that the DCA web team will be able to provide a "dummy" page for members to comment on.
Promotion of the Interdisciplinary Core Curriculum
8. This was dealt with under item 6.
Freedom of information publication and code of practice
9 & 10. These items were taken together. The committee approved the two documents.
Register of member's interests
11. The meeting was informed that all members were required to complete a Register of Member's Interests form. The meeting asked for further guidance on the completion of the form and that it is an agenda item for the Council meeting on 18 July.
Action: Secretariat to provide further guidance as to the completion of the form for the 18 July Council meeting.
Any other business
12.1 Membership of the FJC - the meeting was referred to the email from Sam Sprague dated 19 May 2005. The meeting was asked to consider whether they thought a representative from CAFCASS (Wales) and the Welsh Assembly should sit on the Council. Following a discussion the committee agreed that if these bodies wished to be represented on the Council then they should contact the Lord Chancellor directly. Jane Booth and Mark Ormerod agreed to keep their Welsh counter parts informed of relevant information/action taken by the FJC.
12.2 Letter from NAGALRO - the committee was asked to consider the letter from NAGALRO and the proposed draft reply. The committee agreed with the view expressed in the draft letter and agreed a final draft.
12.3 Disclosure of sensitive images - this issue was raised by Dr Proops in her email dated 31 May 05. The meeting discussed the issue and it was agreed that the matter should be referred to the Civil/Criminal Interface Committee.
Action: Secretariat to pass the matter to the Civil/Criminal Interface Committee.
12.4 Points raised at the President's Conference re LFJC -
- Period of time a person should serve on a LFJC - terms should be staggered between 1-3 years.
- How many times a year should they meet - 4 times
- Is the FJC going to produce a programme for the LFJCs or let them do their own thing - Yes and no as the FJC does not want to stifle local enthusiasm. The DCA has agreed to put a programme together regarding delay conferences for LFJCs.
- Worries about the support to be given to DFJs by Regional Directors. Mark Ormerod has written to all Regional Directors. If DFJs experience difficulties with getting funding and support they should contact the FJC.
- Guidance to LFJC on payment of expenses - this was at the discretion of the LFJC but the committee advised that speaker's expenses should be paid but not members.
12.5 HM Inspectorate of Administration - Safe guarding children in family proceedings - the meeting noted the publication.
12.6 DJ Crichton and the Michael Sieff Foundation - the committee were asked to consider a request by DJ Crichton to fund his attendance at the conference. It was agreed after discussion that the Council should not fund his attendance.
12.7 On behalf of the FLBA Khatun Sapnara raised two points.
- Lack of a psychologist on the FJC and the way tests are analysed with regard to people from an ethnic minority background.
- Interpreters and Accreditation
Discussion took place on each issue. Elaine Laken referred the meeting to recent case law, Re: S (Care: Parenting Skills: Personality Tests) [2004] EWCA Civ 1029, which questioned the whole issue of personality testing, not just of ethnic minority parents/carers. It was agreed that the FJC should form a Diversity Sub-Committee to look at these issues and Mark Ormerod agreed to find out what system was being used in the County Court and Family Proceedings Court and pass the information to Khatun Sapnara.
Action: Diversity Sub-Committee to be an agenda item at the Council meeting on 18 July. Khatun Sapnara to provide an update report to the Executive Committee on 19 September.
12.8 Judge Newton raised a point from the Council of Circuit Judges Family Committee regarding a decision of Ryder J (The London BC of Lambeth v S, C, V, J and the LSC decided 3.5.05) and the implications this has for the Legal Services Commission. It was agreed that the issue be referred to the Experts sub-committee and for them to consult with Angela Lake-Carroll before the 18 July Council meeting.
Action: Experts sub-committee to look at the issue raised by Ryder J in advance of the 18 July Council meeting.
12.9 Judge Newton raised the concerns that had been expressed to her regarding the electronic diary pilot schemes. It was agreed that this matter would be referred to the IT sub-committee.
Action: Judge Newton to speak to Baron J and the issues to be referred to the IT sub-committee.
Date of next meeting
13. 19 September 2005 at 2 pm in the President's Chamber
Laura Russell
Secretary
16 June 2005
Tel: 020 7947 7950
Fax: 020 7947 7875
Email