TO BE PUBLISHED December 2024
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The conference will assess next steps for policy and legal practice to better support separating families in England and Wales.
It will bring together stakeholders and policymakers to examine the current system and assess newly integrated initiatives. The conference will also be a timely opportunity for delegates to discuss priorities for policy in the new parliament, including the Government’s pledge to strengthen the rights and protections available to women in co-habiting couples. We are pleased that, subject to policy developments, Neal Barcoe, Deputy Director, Family Justice Policy Unit, Ministry of Justice, will be joining us for a keynote session.
Taking place following the Budget announcing a rise of £1.9bn over the next two years for the Ministry of Justice, it will be an opportunity to discuss priorities for the funding and its potential to be made available for courts and legal aid.
Delegates will assess progress on the aim of increasing transparency and improving public confidence in the courts, including the Transparency Implementation Group (TIG) Reporting Pilot for Family Courts, sponsored by the Judiciary, which has recently been expanded to 16 more courts across England, including private and public cases before magistrates.
The agenda also includes a focus on next steps for the laws governing finances in relation to divorce and the ending of civil partnerships, which is expected to be suggested in the Law Commission’s review and scoping report, due for publication later in the year. The report is looking into financial remedies and next steps for the Matrimonial Causes Act 1973. We are pleased to be able to include a keynote session with the Law Commission from Professor Nick Hopkins.
Attendees will discuss the way forward for safeguarding children from harms suffered during family breakdown, including priorities for improving multi-agency working and third sector involvement during the process.
Sessions in the agenda will look at the way forward for child-centred approaches and proceedings, and addressing challenges for those separating in cases of coercive control and domestic abuse, with the Nuffield Foundation’s Fair Shares? report recommending measures to improve processes, as well as highlighting the effect coercive control and domestic abuse have on the allocation of assets. We are also pleased to be able to include a keynote session with Lead Author of the Fair Shares? report, Professor Emma Hitchings.
Strategies for supporting victims will also be discussed, exploring innovative approaches such as trauma-informed considerations taken by the courts and the role of mediation in defusing conflict. The conference takes place following recent updates in family court reform - reflected in the Private Family Law Early Resolution Consultation published by the previous government - which emphasise children’s well-being and aim to improve access to early legal advice and navigation of the courts.
We expect further discussion to look at priorities for modernisation of the family justice system and supporting the courts in mitigating harm for those going through family breakdown, including delivering effective outcomes, in light of Cafcass setting out new practice requirements for its Family Court Advisers and Children’s Guardians when advising courts on child welfare and best interests in domestic abuse cases. Next steps for professional competence will also be discussed, in light of the SRA recently reporting a 25% increase in complaints against family lawyers compared to last year.
With discussion on diverting relevant cases away to ease the backlog facing the family justice system, delegates will look at strategies to enable administrative efficiencies and latest thinking on options for addressing backlogs. Areas for discussion include the use of non-court dispute resolution (NCDR), financial dispute resolution (FDR) appointments, arbitration, mediation and collaborative law efforts, in the context of newly increased powers of courts to encourage and enforce such tools in the Family Procedure Rules that took effect earlier this year.
Further sessions will consider the balance between judicial discretion and achieving consistent outcomes, in response to concerns regarding variability in decision-making.
We are pleased to be able to include further keynote sessions with: His Honour Judge Edward Hess, Lead Judge, London Financial Remedies Court; and James Pirrie, Director, Family Law in Partnership.
All delegates will be able to contribute to the output of the conference, which will be shared with parliamentary, ministerial, departmental and regulatory offices. This includes the full proceedings and additional articles submitted by delegates. As well as key stakeholders, those due to attend include parliamentary pass-holders from the House of Commons and officials from DfE; HMCTS; MOJ; and NAO.
