On Thursday 13th February Dr Neil Shastri-Hurst, Member of Parliament for Solihull West & Shirley and barrister, secured an Adjournment Debate on the reform of private family law hearings.
During the debate, Dr Neil Shastri-Hurst made the case for reforming the role of magistrates in private law children’s cases.
Dr Neil Shastri-Hurst MP said:
The anchor point in all family law cases, involving a child, should always be that child’s best interests. To create an outcome that supports and promotes a child’s safety, emotional and psychological wellbeing, and protects their future prospects. Unfortunately, the reality is an increasingly inefficient and, at times, unresponsive system which fails to protect our children.
The scale of the problem can be starkly seen in the context of Cafcass’ figures as of 31 August of last year. 16,671 open private law children’s cases, involving 25,670 children. In the first quarter of 2024, the average time for such cases to reach a final order was some 44 weeks. During this period children are left with uncertainty.
I do not propose reform of the role of the magistrates lightly. However, I am of the view there is an overwhelming policy argument for doing so. I am increasingly convinced that the nature and focus of magistrates’ work should be reconsidered. And, in the case of child arrangement orders, it is my overwhelming view the Magistrates’ Court should no longer play a role.
Far too often I hear of cases simply being decided as a timetabling exercise; a child’s weekly diary being carved up without proper thought or consideration of the impact on the child.
Removing the role of magistrates in private law children’s cases, and ensuring all such cases are heard by a specialist Family Judge, would ensure greater consistency of decision making, applying a more judicious and impartial approach. There should be a much greater consideration and focus on ensuring the decision makers are trained in childhood development, domestic abuse dynamics, and trauma-informed practices.
To watch Dr Neil Shastri-Hurst MP’s speech and the Minister’s reply in full please visit www.youtube.com/@DrNeilShastri-HurstMP.
