In recent years the use and benefit of Family Group Conferences has grown, especially in light of the recent changes to the Family Procedure Rules which not only place far greater obligation on parties to attempt to reach settlement outside of court, but also provide powers to the court to adjourn an application or even make cost orders against parties if they haven’t made such attempts.
What is it?
A family group conference is what it says on the tin – it is a family-led decision-making process in which parties family and friends network all come together, along with the parties, to make an agreed plan for the child/ren involved. It is a voluntary process arranged and facilitated by an Independent Co-ordinator once the families agree to the referral.
The principles
What sets Family Group Conferences apart from other out of court settlements which are conflict resolution based is that its basic principle is centered around partnership. They actively strive for collaboration, problem solving and planning in the best interests of the child/ren involved from all extended family members. It aims to identify what each family member or friend can offer the child and devises a plan which uses all of those together to ensure the child/ren is supported, cared for and protected as required. It sees some family members provide respite for the parents by caring for them at specified times in a schedule, conducting contact handovers or supporting family time alongside the parents.
Use in Public Law matters
Its use within Public Law Proceedings (otherwise known as Care Proceedings), is drawn from the Local Authority’s duty to consider and investigate all ways that a child can be kept within their birth family providing it is possible and in their best interests. When used within Public Proceedings, the Local Authority makes the referral for the conference to take place and will also be present during the meeting alongside the independent co-ordinator. The desired outcome is to produce a family plan for the child that alleviates the Local Authority’s concerns and ensures the child is safe, thus preventing them from being placed into care at the conclusion of the proceedings.
Use in Private Law matters
Although it is most commonly used in Public Law matters, it can be used to prevent care proceedings from being issued. This is helpful when the parties and their families are aware of what the issues are that need to be repaired and want to do everything they can to assist the parties from ending up in Public Law Proceedings. The use of the process in this scenario requires all participants to agree that the ultimate goal is to ensure the children are safe and that their best interests are the main consideration. It is not useful if individuals remain in conflict or unaccountable.
The previous article in this series can be found here: Round table meetings – what are they and should I consider them?
If you would like to discuss the different types of legal proceedings relating to children, please get in touch with our Family Law team and we’d be happy to assist you.