Camilla Cavendish’s 10-Point Plan

Camilla Cavendish[1] is Associate Editor and columnist at The Times. In 2009, she was campaigning journalist of the year for exposing miscarriages of justice which convinced Government to open the family courts – but not enough. Here is her 10-point plan that is waiting to be implemented:

  1. Open family courts to the press in all but exceptional circumstances (as recommended by the Constitutional Affairs Select Committee)
  2. Let any parent or carer accused of abuse call any witnesses they need in their defence. At the moment, they are routinely refused permission to do so.
  3. Give automatic permission for parents who are refused legal aid to get a lay advisor to help them present their case. This is routinely refused.
  4. Remove the restrictions that prevent families from talking about their case (as recommended by the Constitutional Affairs Select Committee).
  5. Review the definition of “emotional abuse” across local authorities, to make sure that it cannot become a catch-all for overzealous officials.
  6. Provide an automatic right for parents to receive copies of case conference notes and all evidence used against them in court, just as they would in a criminal trial.
  7. Create an independent body to oversee the actions of social services, with proper sanctions. If that body is to be the General Social Care Council, make it easier for parents to go directly to that body rather than having to face delays from the local authority.
  8. Let children in care waive their right to privacy, if they wish to speak out. For gagging children is surely not consistent with promoting their welfare.
  9. Restructure CAFCASS, the Family Court Advisory Service, from being an organisation that reports on the parents to the courts to one that actively promotes the parenting needs of children. The primary focus should cease to be assisting the court process. It should be diverting parents away from contested hearings into the making of parenting plans.
  10. Review the recent legal aid cutbacks that are deterring lawyers from taking on these complex family cases. It is quite wrong that desperate parents are unable to find a lawyer to help them in their time of need.

Among her articles are – unfortunately behind the ‘paywall’ of The Times:

  • Camilla Cavendish – the campaign
  • Children are safer with their natural families
  • Catch-22 that condemns a child to grow up with strangers
  • When the stakes are so high, parents want to be heard.

The text is the last in my second submission to the Education Select Committee, a portfolio of nine cases. The first submission is an overview.

As Jeremy Bentham (1748 – 1832) wrote:

Publicity is the very soul of justice. It is the keenest spur to exertion, and the surest of all guards against improbity. It keeps the judge himself, while trying, under trial.

In the darkness of secrecy, sinister interest and evil in every shape, have full swing. Only in proportion as publicity has place can any of the checks, applicable to judicial injustice, operate. Where there is no publicity there is no justice.”

This is the last page of my second submission to the Education Select Committee, a portfolio of nine cases. The first submission is a general overview, since individual cases are not supposed to be submitted.
The 10-point plan is also on YouTube:
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