News & Insights

‘Rapid Consultations’- Family Court consults on lockdown arrangements

Like all of us, the Courts have had to change their way of working to deal with the ongoing public health emergency. In the courts this has meant that most cases have moved to being online hearings conducted over Skype. With the indisputable importance of justice not only being done, but being seen to be done, it is important to make sure that the new working arrangements continue to provide the best service that they can. We are now seeing the first review of these arrangements, originating in the Family Court, with the launch of a ‘two-week rapid consultation’ on the new arrangements, to be undertaken by the Nuffield Family Justice Observatory.

The consultation is interesting partially because of the circumstances under which it has arisen, but also because it is an outsourced consultation being used to review the current situation and develop new guidance for remote hearings. Looking at the consultation itself, it consists of eight simple questions, seeking opinions from those who have experience of remote hearings or other relevant expertise. The consultation will run between Tuesday 14th and Tuesday 28th April and looks to collect enough evidence to assemble new guidance by early May.

Could this become a more frequent model? It’s certainly a possibility if lockdown ends up becoming more extended. In the Courts especially there is a great need to ensure that the wheels keep turning. With potentially life-changing matters being dealt with on a daily basis ensuring that everything moves smoothly, and the most robust process is being followed is vital. It certainly wouldn’t surprise us if we see more court related consultations of this sort.

On the subject of process though, there are potential concerns here. Our readers will be familiar with the Gunning Principles, the third of which requires ‘adequate time for consideration and response’. Whilst there is no general set duration for which a consultation needs to be open, for a consultation covering important matters of this, in usual circumstances, two weeks almost certainly would not pass muster. Given the urgency of the situation though, it seems prudent to be generous with interpretations, and indeed grateful that people are being consulted on urgent changes to services, even if it is in a post-facto manner. The Courts are also likely to have been informed by the reduced workloads of barristers and solicitors at the present time. With fewer cases in the courts, many lawyers find themselves with less work to do and thus potentially more time to respond to these sorts of calls for evidence.

Some years ago, the Institute suggested some pre-conditions for a successful ‘rapid’ consultation. One was that all key stakeholders would have been identified and properly informed about the exercise – preferably in advance. Another was that such stakeholders would have had access to the electronic means of response – less of a worry these days, but still worth checking. Finally, consultors absolutely kept to the principle of providing all the necessary information. Just because it is quick, there is no excuse to be less open with the narrative and the options. It will be interesting to see if this particular consultation meets these standards.

More news

police
Shopping Basket
Scroll to Top

Your membership questions answered

View our frequently asked questions or contact our dedicated account manager for further support.

You can reset your password here. If you’re still having issues, please send us a message below.

We have many ways you can pay for your membership.

  • Credit card
  • Online
  • Invoice
  • PO
  • Monthly

You can renew/upgrade your membership here.

To find out more, send us a message below.

You will receive a reminder email from our dedicated membership account manager 4 weeks before your renewal date. This email will contain all the information you need to renew.

You can also renew your membership online here.

You can update your contact details here. Alternatively, please send a message to our membership account manager below.

Please send a message to our membership account manager below. 

Still need support?

Our dedicated Membership Account Manager is on
hand to assist with any questions you might have.

Request a callback

Leave a message and our team will call you back

"*" indicates required fields

Name*

Send us a message

We’ll be in touch with you soon.

Name(Required)
Email(Required)