Applications for children to be separately represented in private law family cases have soared by almost 25% in two years, as courts battle to ensure the children’s voices are heard in complex disputes, the Gazette has learned.
The number of rule 9.5 applications to appoint a lawyer for a child has risen from 1,035 in 2005/06 to 1,269 in 2007/08, according to statistics from the Children and Family Court Advisory and Support Service (CAFCASS). This now happens in 10% of cases.
Anthony Douglas, chief executive of CAFCASS, said despite the increase a ‘postcode lottery’ exists, with judges in some parts of the country making them more frequently than in others. He also warned there would not be enough resources available to meet the growing demand for representation and other family support services in the long term.
He said: ‘Unless there’s a higher political priority put on the family justice system, over the next 25 years these children’s needs won’t be met as they should be.’
Douglas said the upward trend in rule 9.5 applications was because of a greater recognition of the long-term impact on children of delay in resolving fiercely contested and protracted cases.
However, Christina Blacklaws, a partner at London firm Blacklaws Davis and Law Society council member for child law, said one factor behind the hike in applications was that increasing numbers of parents are either unable to find a legal aid lawyer or were ineligible for public funding.
She also noted that cases were increasingly complex and often involved an international dimension or non-traditional family situations. ‘Sadly, where parties are unable to put the child’s interest first, the court has to ensure this is done and should appoint a guardian.’
Tony Roe, chairman of Resolution’s children’s committee, said it was important that sufficient resources were made available: ‘We’re talking about the central principle of the Children Act – the welfare of children – and money shouldn’t get in the way of that.’
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