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Guardians crisis worsens

Posted: 23 January 2003 | Subscribe Online


The crisis in family court proceedings shows no sign of abating. Last year the chronic shortage of guardians ad litem to represent children's interests during court proceedings led one leading children's advocate to claim that lives were being put at risk. And, if anything, delays in court are lengthening, with proceedings in one of the worst affected counties typically taking well over a year to complete.

So the Lord Chancellor's Department is absolutely right to produce guidelines stipulating a maximum of 40 weeks, still well up on the 13 weeks originally envisaged in the Children Act 1989. It is a great pity that the High Court did not see fit to reinforce the message instead of ruling that the Children and Family Court Advisory Support Service had no obligation to make guardians available immediately upon request.
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The prolonged uncertainty which hangs over children in these cases can only deepen their predicament. Any hopes that a child can regain stability in their future lives, whether in their own family home, in the care system or through adoption, must be adversely affected by the failure to provide them with this essential support. Cafcass has begun recruiting agency staff and guardians' pay rates have increased by 10 per cent or more. It is too early to tell whether this will solve the problem, but the welfare of thousands of children will depend on it working.


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