Kim Holt - Contemporary Family Justice: Policy and Practice in Complex Child Protection Decisions

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CONTEMPORARY

FAMILY JUSTICE

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CONTEMPORARY

FAMILY JUSTICE

POLICY AND PRACTICE IN COMPLEX CHILD PROTECTION DECISIONS

KIM HOLT

Foreword by Sir James Munby

Jessica Kingsley Publishers
London and Philadelphia

First published in 2016

by Jessica Kingsley Publishers

73 Collier Street

London N1 9BE, UK

and

400 Market Street, Suite 400

Philadelphia, PA 19106, USA

www.jkp.com

Copyright Kim Holt 2016

Foreword copyright Sir James Munby 2016

Front cover image source: RGBstock.com.

All rights reserved. No part of this publication may be reproduced in any material form (including photocopying or storing it in any medium by electronic means and whether or not transiently or incidentally to some other use of this publication) without the written permission of the copyright owner except in accordance with the provisions of the Copyright, Designs and Patents Act 1988 or under the terms of a licence issued by the Copyright Licensing Agency Ltd, Saffron House, 610 Kirby Street, London EC1N 8TS. Applications for the copyright owners written permission to reproduce any part of this publication should be addressed to the publisher.

Warning: The doing of an unauthorised act in relation to a copyright work may result in both a civil claim for damages and criminal prosecution.

Library of Congress Cataloging in Publication Data

Names: Holt, Kim.

Title: Contemporary family justice : policy and practice in complex child

protection decisions / Kim Holt.

Description: London ; Philadelphia : Jessica Kingsley Publishers, 2016. |

Includes bibliographical references.

Identifiers: LCCN 2015046072 | ISBN 9781849056267 (alk. paper)

Subjects: LCSH: Custody of children--England--Psychological aspects. |

Children--Legal status, laws, etc.--England. | Child welfare--Government

policy--England. | Family social work--Law and legislation--England. |

Custody of children--Wales--Psychological aspects. | Children--Legal

status, laws, etc.--Wales. | Child welfare--Government policy--Wales. |

Family social work--Law and legislation--Wales.

Classification: LCC KD779 .H65 2016 | DDC 346.4201/73--dc23 LC record available at

http://lccn.loc.gov/2015046072

British Library Cataloguing in Publication Data

A CIP catalogue record for this book is available from the British Library

ISBN 978 1 84905 626 7

eISBN 978 1 78450 249 2

Contents

Foreword

This is a very interesting, important, challenging and in places appropriately provocative book, which everyone involved professionally with the multi-faceted challenges of child protection would do well to read.

Much has been written about the family justice reforms implemented in April 2014. Much of this writing, valuable though it is, has taken a narrowly legal perspective and focused on the practice and procedures of the Family Court. Kim Holt takes a broader perspective and raises wider and more searching questions. Fundamentally, she suggests that the reforms to date are not enough, and in too many respects have not worked as their authors would have wished or, most important of all, as they should be working if the interests of both children and their parents are to be supported and their interests protected.

Our author raises uncomfortable questions about the pre-proceedings phase in care proceedings; about the limited visibility of children in the Family Court; about our handling of repeat removals of children from their parents; about the extent to which the combined pressures of the 26-week rule in care cases and judicial decision making in the Supreme Court and Court of Appeal are impacting and, she suggests, impacting inappropriately and adversely on social work practice; about the impact of austerity in general and legal aid changes in particular; and about much more.

I do not agree with all her conclusions, but that is not the point. The point is that she has identified challenging questions and articulated conclusions which we would all do well to ponder. We cannot afford to be complacent. We must, all of us, have the humility to recognise what is in need of improvement and the determination to do something in truth, rather a lot about it.

The changes in 2014, important though they were, did not mark the end of the road. There is much that remains to be done and indeed must be done if we are to meet our aspirations. I trust that when a new edition of this book appears in due course our author will be able to applaud the achievements of this ongoing process of reform and improvement.

Sir James Munby
President of the Family Division

Acknowledgements

This book has developed out of a series of lectures, papers, legal advice and research in response to changes to the family justice system.

I would like to include a special note of thanks to Professor Karen Broadhurst, with whom I started this journey in 2008 and who provided leadership in the Cafcass Project, and to all academic colleagues who were involved in the project; Dr Nancy Kelly, Dr Paula Doherty and Dr Emily Yeend.

I am deeply indebted to the support of Dr Nancy Kelly who has co-authored a number of papers, and who continues to provide ideas, support, guidance and patience.

To my daughter Amy who has provided unquestioning support, and my sister Tracey who inspires me. Thank you for your continued love and support.

Preface

Contemporary Family Justice: Policy and Practice in Complex Child Protection Decisions offers a unique lens on the legislation, policies and procedures for decision making in some of the most complex child protection cases.

Whilst the rhetoric of policy and legislation has been to ensure that the family justice system is responsive to the needs of children and their families when they are in crisis, in practice, responding to targets, timeframes and procedures for all front-line practitioners operating within the family justice system remains a priority.

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