Bar Council endorses concerns contained in Lord Laming’s report

THE Bar Council and the Family Law Bar Association (FLBA) have endorsed the reforms recommending in Lord Laming’s report on child protection. Published on the 12th March, the report has highlighted the difficulties faced by professionals working to protect the most vulnerable in society. Increasingly complex cases which often involve alcohol and drug abuse, as well as mental health problems, are being faced by professionals in the front line of social services. Large caseloads are preventing poorly-prepared staff from addressing adequately the needs of troubled families. 

The report’s recommendations include making all participants in care proceedings responsible for the reduction of delays in progressing
cases, and the appointment of an independent person to undertake a review of the impact of court fees, with a view to abolishing them from 2010/11 onwards. 

Speaking as the Secretary of State for Children, Schools and Families, the Rt Hon Ed Balls MP, announced mandatory training for all local authority directors of children’s services, the Chair of the FLBA, Lucy Theis QC, said: 

‘The report by Lord Laming, and the Minister’s response, set out very clearly the huge challenge faced by those dealing with vulnerable families on a daily basis. The support and expertise of the family Bar, which provides specialist representation by dedicated practitioners who often have to deal with incredibly difficult situations involving child protection, is vital if we are to give the public the service they deserve.’ She continued: 

‘It may well be that the laws which address child protection need to be reconsidered in the light of the spate of recent tragedies and the
findings contained in this report. The FLBA is committed to the best possible representation for those going through the family justice system; any changes to the law, which assist in the protection of vulnerable children, would be welcomed.’ 

Desmond Browne QC, the Chairman of the Bar, added: 

‘The Bar Council has consistently warned about the effect of the enormous rise in court fees in May 2008 on local authorities’ ability to initiate child care proceedings. It was inevitable that an increase from £150 to £4,825 for a fully contested matter would deter some authorities from acting. As Lord Laming rightly says, “if even in one case a local authority is deterred from taking action, that is one case too many.” It is wrong in principle that in cases where a child’s safety is at risk, the government should be trying to recover court costs from litigants. They should think again.’