A Circuit Judge drew attention to the appalling impact of a failing justice system on the welfare of children: Re K (Inability to Instruct Guardian) [2022] EWFC B4: HH Judge Wildblood QC
A year after the parties separated and seven months after the children were joined in proceedings, no effective progress had been made because Cafcass and NYAS had been unable to appoint a social worker because of their workloads, and the Legal Aid Agency would not fund an independent social worker.
Transcripts
bility to Instruct Guardian) [:
His Honour said that the case before him related to a difficulty that, currently, was being experienced in many private law proceedings in the Bristol area.
The court had joined children in the proceedings but it had not been possible to secure a report from a guardian.
The two children concerned were both at primary school and lived with their mother. The father’s contact was currently limited to indirect contact (ie by way of letters or cards) and there was supposed to be a video call between the father and children each week for 15 minutes.
The mother alleged that the father was coercively controlling of her and that he physically chastised the children. She said the children were fearful of their father and did not want to see him.
The father alleged that the mother was coercively controlling of him and had manipulated the children against him.
Neither party suggested the need for a separate fact-finding hearing.
The marriage ended in January:
Thereafter, the focus of the proceedings had been the father’s contact.
April:
Cafcass indicated it did not have the resources to accept the appointment.
August:
On 24 November 2021 the final hearing had to be adjourned because NYAS had written to say it had not been able to appoint a caseworker to the proceedings and did not know when it would be able to do so.
January:
The case returned to the judge’s list on 25 January 2022 but NYAS still could not appoint a caseworker and did not know when it might be able to do so because of the large number of cases that it had outstanding.
It was not the fault of NYAS or Cafcass because the workload of both was such that it could not accept the appointment.
Therefore, the position had been achieved whereby the court having directed that a guardian should be appointed in private law proceedings, Cafcass could not act as guardian because of its workload; NYAS could not act as guardian because of its workload; the Legal Aid Agency would not fund an independent social worker.
It was now seven months since the order joining the children was made. It was a year since the parties separated and the proceedings started. No effective progress had been made.
The judge therefore discharged the children and NYAS from the proceedings.
There would be no more guardian appointments in the proceedings.
The judge ordered that the issue of interim contact should be listed before him for a 30 minute hearing and, because his own lists were full until the summer, he would hear the case over a lunch-break.
of the Children Act:
That meant it would have taken 16 months of proceedings before the court received advice from a professional on matters relating to the welfare of the two children.
