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02 March 2021
Issue: 7923 / Categories: Legal News , Family
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Public Law Working Group reports back

Fact-finding hearings in the family courts need to undergo a ‘cultural shift’, a working group set up by the president of the Family Division, Sir Andrew McFarlane, has said.

They should focus only on what is necessary, the Public Law Working Group’s report said, and ‘it should be rare for more than six issues to be relevant’.

This is one of 47 recommendations for change made in the report, published this week. The group was established to look into the steep rise in public law family cases in 2016/17 and 2017/18. Numbers remain high―in the past ten years, initial referrals to social care have risen 22%, children subject to a child protection plan by 87%, and numbers of looked-after children by 24%.

The report’s recommendations include placing more emphasis on judicial continuity, reducing the use of experts and renewing focus on ‘necessity’, allowing judicial extensions of the 26-week time limit and promoting consistency of outcomes on a national basis. 

Sir Andrew endorsed the report.

Issue: 7923 / Categories: Legal News , Family
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Jurit LLP—Caroline Williams

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NEWS
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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