Attracting back experienced guardians
140. In the meantime, one particular group which
could be used to help CAFCASS out of its current difficulties
are the self-employed guardians who have left the service. Opinion
amongst witnesses was divided as to the extent to which it would
be possible for CAFCASS to attract such people back. Arran Poyser
of MCSI suggested that, for some, one simply had to accept that
they were not coming back, and move on.[232]
Others, though, stressed the contribution which such people could
make, noted how important it was that efforts be made to attract
at least some of them back to the Service, and suggested that
it would be possible to do so.[233]
Given their experience, these staff could prove invaluable in
making a rapid impact on the current backlog. New recruits naturally
take some time to come up to speed, as the Chief Executive pointed
out to us in evidence.[234]
Recognising the progress which CAFCASS has already made in improving
terms and conditions for guardians,[235]
we recommend that CAFCASS take further steps to target
recruitment on experienced guardians. We acknowledge
that the success of any such steps will depend on significant
progress being made in addressing some of the reasons why guardians
left the service in the first place.[236]
Longer-term
recruitment
141. In the longer term, CAFCASS could help itself
by joining the current drive to attract and to retain more talented
people into the social work professions. The Association of Directors
of Social Services recommended that "CAFCASS should consider
working with ADSS and the Department of Health[237]
on a workforce strategy to contribute to the development of a
pool of highly skilled children's social workers from which Children's
Guardians can be drawn."[238]
We recommend that CAFCASS follow up this suggestion.
Standard
of work done by new recruits
142. Concerns expressed by some witnesses about the
standard of work done by some new recruits are worrying. However,
we have been assured both by the Chief Executive and by representatives
of CAFCASS front-line managers that there has been no diminution
in the quality of the people concerned.[239]
The issue appears to us to be one of the lack of appropriate training:
to which we turn now.
Training
and professional development
143. CAFCASS's failure to establish even a minimum
training and professional development strand appears to us to
be one of the more serious of CAFCASS's early period. It is only
through training that the very foundations of practice and the
principles that underpin that practice can be clarified. Training
is a vitally important part of the development of any professional;
but is particularly important for those dealing with children,
where actions taken now can have a profound effect on their development.
Training can help to challenge the often held assumptions that
adults necessarily know better than children, which can lead to
misinterpretation of children's statements to accord with adult
views; and paternalistic approaches which undermine children's
capacity to engage with and contribute to decisions about their
own lives. The interface of families and social services departments
with the courts is a complex area for which initial professional
training in social work alone does not equip social workers.
144. The failure to establish such a strand is all
the more culpable because of the ready availability of material
on which to base its establishment. As we note above, systems
for self-help and professional development were already running
before CAFCASS.[240]
There also existed a number of known and respected training courses
put together by NAGALRO, the professional association for children's
guardians, and others.[241]
Some progress—though it is impossible to tell how much—was
made in this area by the relevant working group of the Project
Team. Like so much else of the Project Team's work, it was simply
not used.[242]
Induction
training
145. Worst of all, in our view, is the failure to
provide proper induction training for new recruits. What witnesses
described to us as no more than a "trip around the bay"[243]
cannot do justice to a highly skilled and important professional
role. The evidence suggests that the consequent ill-preparedness
of recruits has been demonstrated on a number of occasions through
the reports which lawyers and the courts have seen.[244]
It would be unacceptable for new recruits to continue
to be allowed to undertake this important work without the benefit
of a proper course of training. The task of ascertaining and communicating
to the court the child's wishes and feelings, as part of the process
of determining what is in the child's best interests, should be
central to that training.[245]
Convergence
146. We appreciate the potential benefits to be gained
from the convergence of the roles of children's guardians and
court welfare officers. We are, however, concerned that such moves
as are being taken towards achieving this aim should not be done
in the absence of a proper appreciation by senior management of
the differences between the two roles. We were to some extent
reassured by the comments of the Chief Executive when we questioned
him on this matter,[246]
but as we note elsewhere doubts still remain over the quality
of the training which is to be provided to allow convergence to
take place. Convergence in the work of practitioners
from the two different strands needs to be handled with respect
for the different skills and knowledge people bring. In
particular, convergence cannot be carried forward in
the absence of properly developed training and development programmes
which give the necessary preparation and backup for those moving
into new areas of work, especially concerning
their role in relation to children. Convergence will necessarily
require practitioners to maintain knowledge in two different and
not necessarily convergent areas of practice.
Performance
management
147. CAFCASS must also face the issue of performance management.
Not only is the provision of professional support
and development vital for an organisation which relies so heavily
on its front-line practitioners, but it is essential that appropriate
standards should be set by management and met by staff, including
self-employed practitioners and agency workers. Only if such standards
are set and met can it be ensured that all CAFCASS's clients are
receiving an appropriate level of service.
148. In setting standards CAFCASS should
seek to draw on the expertise of its existing workforce, and the
bodies which represent them. It should involve the Board and organisations
which represent parents or children and commission and make use
of research. This will all take time, but this
is not a reason to delay the introduction of some aspects of performance
management—for example, the introduction of regular review
sessions with line managers for front-line practitioners—as
a first step to securing and developing practice standards across
the piece.
149. Local managers will need training and support to carry
out this function. The use of external consultants
who assisted with appraisal in the pre-CAFCASS days may be desirable,
particularly where managers have only limited knowledge or experience
of the work undertaken by front-line staff. Local managers would
also be considerably assisted in this role by the introduction
of an electronic case management system, a matter which we discuss
further below.[247]
The introduction of such a system would not only free up local
managers' time currently expended on routine collection of information,
but would also allow robust comparisons to be made between, for
example, the amount of time spent on various types of cases.
Progress
in the provision of training
150. Only now are substantive efforts being made
to address the lacunae in the provision of training, and to ensure
that training is afforded proper priority in the organisation's
planning.[248]
We are pleased to hear of the announcement of the letting of a
training contract with Royal Holloway College. Doubts remained,
however, at the time of our inquiry, about what exactly the courses
which would be provided would entail, and how they would be quality
assured.[249]
More importantly, there is still little sign that CAFCASS is prepared
to give training and development the profile and resources within
the organisation which it needs.
151. CAFCASS must ensure that all four aspects of the training
agenda—induction and substantive training for new recruits;
induction training for experienced social workers who need introducing
and orientating to CAFCASS; in-service training and professional
development; and convergence training—are addressed by the
establishment of a dedicated training and development strand within
CAFCASS. This strand should have high-level representation
within the senior management team and appropriate external involvement.
We recommend that an individual Board member or sub-group with
appropriate experience or expertise should oversee its development
and ongoing work. The role of this member or
sub-group will not be to micro-manage the work of the unit, nor
to dictate the content of the training and development provided.
The member or sub-group should, however, ensure that the unit
is established in a timely manner, and that the appropriate quality
assurance systems are in place.
Information
Technology
152. There is an urgent need for an integrated case management
system for CAFCASS. The failure of senior management
to recognise and effectively address this need in the two years
since the original project was halted is hugely regrettable. We
are particularly concerned by the claims of the CAFCASS Managers
Association of a lack of consultation with users about their needs,
which seems to us to lie at the root of CAFCASS's failures in
this area.[250]
We are also concerned by the rickety nature of the systems which
are currently being used to collect information about service
needs and the conduct of cases.[251]
153. The Chief Executive told us that moves were
now being made to establish what he described as a "case
recording system", with the aim of establishing proper support
for the collection of management information.[252]
The answer to a written Parliamentary Question on IT systems for
CAFCASS gives further details of the planned introduction of the
system.[253]
However, neither the Chief Executive's comments nor the written
answer indicate that there has been the full user involvement
from the start of the project which will be necessary if the new
system is to meet their needs. We doubt whether the "simpler"
system which is planned will be adequate in the medium term to
meet all the requirements of a modern service. The promise of
"incremental development" may have prudence in its favour,
but is likely to be inadequate to ensure the speedy establishment
of a much-needed comprehensive system.[254]
154. Until a properly functioning case management
system is in place,
- it will be impossible to have full confidence
in the reliability of the data on which plans for those resource
needs are based[255]
- data for the research which is urgently needed
into the conduct and outcome of CAFCASS's work will be much more
difficult to obtain
- front-line managers and administrative staff
in CAFCASS will continue to labour under unnecessarily high workloads
- the security, and thus confidentiality, of existing
records cannot be guaranteed.
155. We recognise that CAFCASS needs to beware of
falling foul of the problems which have beset public sector IT
projects. That history, however, does not in any way lessen the
urgent need for the establishment of an appropriate system. We
recommend that CAFCASS re-establish a project board and give it
the task of setting out a clear timetable for the establishment
of a fully fledged case management system. There
should be wide consultation with users both within and, where
appropriate, outside CAFCASS on the shape of the system, and there
should be user representation on the project board throughout.
As with training, above, an individual Board member
or sub-group should oversee (not micro-manage) the project. Whilst
the timetable for the establishment of such a system should be
realistic, both in budgetary and project management terms, budgetary
constraints should not be allowed to get in the way of its establishment.
The new Department may need to make additional resources available
to secure this crucial aspect of CAFCASS's proper functioning
to ensure the timely establishment of an appropriate system.
Support
services
156. Whilst areas such as training, IT and the delivery
of core services have been the biggest failures of CAFCASS's early
period, support services have been the biggest disappointment
to those who welcomed the establishment of a unified service.
The concentration on the problems of setup has left CAFCASS unable
to deliver on the wider agenda which had been promised. Regrettably,
we share the conclusion of many of our witnesses and indeed of
CAFCASS itself that this situation must continue to prevail for
the time being.[256]
Until the delivery of core services is secure, CAFCASS cannot
risk diverting significant resources into developing support services.
Need to
indicate role in provision of support services
157. With signs that CAFCASS may finally be getting
to grips with the delivery of its core services, however, comes
renewed hope that it might be able at least to start showing the
way forward for support services. The Chief Executive[257]
and the Minister[258]
drew attention to a number of initiatives which CAFCASS has taken
in this field; and these are encouraging. There is, however, no
sense that those efforts add up to a coherent programme for the
development of support services by CAFCASS.[259]
There is a feeling amongst voluntary organisations working
in this field that CAFCASS's failure to give clear indication
of the way it might look to develop this aspect of its remit is
hindering the development of services by others. CAFCASS needs
to make clear what long-term role it envisages for itself in the
provision of support services for children and families experiencing
relationship breakdown.
158. Our view is that the services which should be
provided to children and families experiencing relationship breakdown
should be integrated with the full range of services available
to children in a wide variety of other settings. We also consider
that CAFCASS needs to focus its own efforts above all on its core
task of securing the welfare of children in court proceedings
through representation and reporting. These considerations suggest
to us that CAFCASS can most appropriately play a coordinating
role in ensuring that the proper provision is available for the
children with which it works, rather than attempting to provide
the services itself. We recommend that the Minister
for Children consult with CAFCASS and other interested parties
about a proposal that the organisation should take a strategic/co-ordinating/funding
role for support services rather than providing them itself.
159. Progress on this issue may also help in other
ways. As Judith Timms of NYAS says,
a clear declaration of intent and a commitment to
proactive principles of prevention and support could set a clear
agenda for the development of the service which could inform current
debates about management structures and set a path towards an
integrated service which is both effective in safeguarding children
and cost-effective in providing best value for money.[260]
Funding
for support services
160. The inherent problems of setting up a new organisation
and difficulties in the provision of core services are not, however,
the only reason why progress in the development of support services
has been slow. CAFCASS has suffered significant budget constraints
in its early period. Indications are that recent increases have
now brought CAFCASS close to a level where it has sufficient funds
to meet its core responsibilities (although even this is not certain,
hence our recommendation above regarding the conduct of a detailed
workforce planning exercise[261]).
If CAFCASS is to make a significant long-term contribution
to the development of support services, however, we expect the
Department will need to increase funding further.[262]
Any such investment would not be wasted. As Making Contact
Work recognised,
a properly functioning expanded CAFCASS will result
in substantial savings in other areas of the system—fewer
contested court proceedings, with consequential substantial savings
in both time and money spent in court, without counting the more
intangible emotional benefits to children and families brought
about by the amicable resolution of contact disputes.[263]
Cooperation
with other bodies
161. Witnesses were keen to emphasise that CAFCASS
is not working in a vacuum where support services are concerned.[264]
The development of its role in the provision of such
services requires close consultation and cooperation with all
other bodies, statutory and voluntary, working in this field.
162. CAFCASS needs to work much more closely than appears to
have been the case hitherto with the Legal Services Commission
(LSC). At the time of publication of this Report,
the continued role of the LSC in projects such as FAInS is uncertain
(following the transfer of family and parenting law and support
to DfES under the Minister for Children). We hope that any transfer
of responsibilities which does take place will offer the opportunity
to involve CAFCASS much more closely in this initiative.
Whatever happens to those responsibilities, however,
CAFCASS will need to retain—or, in the light of the evidence
we have seen, develop—close links with the LSC.
Notwithstanding the machinery of government changes,
the LSC will continue to play an important role in public funding
for court proceedings, including necessary expert assessments
and support services aimed at reducing disputes or diverting families
from the courts. It is therefore vital that the two bodies work
closely together.
163. We hope that close working will enable value for money
to be achieved in the provision of appropriate services whilst
avoiding the narrow self-interest apparent so far in relations
between the two bodies.[265]
In the case of public law proceedings, the entire cost falls on
the public purse. Joined-up government demands high levels of
co-operation between the various central and local government
departments, agencies and NDPBs. Anything less not only risks
wasting scarce resources, but would be a betrayal of the children
whose very well-being depends on the quality and timeliness of
all aspects of the system.
164. CAFCASS must work together closely with others in the
family justice and child protection system. We
were very greatly concerned by reports of withdrawal of CAFCASS
team managers from liaison arrangements with the courts and local
authorities.[266]
The Minister for Children and the CAFCASS Board should
urgently review the claim by the CAFCASS Managers Association
that many front line managers are having to withdraw from liaison
arrangements. CAFCASS should take steps to ensure that there is
full co-operation at all times.
165. The good links CAFCASS has already established
with the judiciary will stand it in good stead when it transfers
to the Department for Education and Skills. Meanwhile, that transfer
and the collection of children's services within that
Department provides an opportunity for CAFCASS to renew its links
with other organisations working with children, and ensure that
the joined-up working demanded by the Victoria Climbié
case, and others before it, is achieved.
Research
and improving practice
166. It is also very disappointing that the new service
has not resulted in the expansion of research capacity. There
is, as MCSI has identified, a significant gap in knowledge about
"what works" in family proceedings related work which
CAFCASS needs to fill. In particular, only when
that gap is filled can CAFCASS begin to address in a credible
manner some of the complaints raised in evidence to us by non-resident
parents and those concerned with domestic violence issues. More
broadly, it is vital for the sake of all the children
with whom CAFCASS is concerned that it discovers what works for
children experiencing family breakdown, establishes how its practitioners
can best contribute to the well-being of children involved in
court proceedings or their aftermath, and ensures that best practice
is developed accordingly. The establishment of a practice development
unit, which CAFCASS intends to have in place by December this
year, is a step in the right direction.[267]
Significant further progress in the development of research capacity
will, however, be needed if CAFCASS is to achieve those aims.
167. One way of beginning to find out "what
works" would be to ask experienced practitioners and former
practitioners. Such an exercise could only take place in the context
of properly commissioned and conducted research, but could be
one way of re-engaging CAFCASS with people whose skills it has
lost.
Management
and organisational culture
168. There are signs that CAFCASS has not taken seriously
the concerns which have been expressed about its management practices
and organisational culture. The organisation has faced very significant
difficulties in its early period, not all of which have been of
its own making. Nevertheless it appears to us that CAFCASS has
to some extent been using those difficulties which have not been
of its own making—harmonisation of all the terms and conditions
of employment which it inherited from predecessor organisations,
for example, or the concerns of the Inland Revenue about the terms
of the self-employed contract—as cover for bad decisions
and inappropriate prioritising of its own. Problems in the allocation
of cases, for example, cannot in our view be put down to increases
in demand[268]
or the shortage of experienced social workers alone, significant
though those problems are.[269]
Rather, the perceived emphasis on management over quality of service,
and the alienation of a section of its workforce—to the
point where one experienced guardian can say of CAFCASS that "it
is now not an organisation that the best quality professionals
want to align themselves with"[270]—have
led to a situation where many suitably qualified people simply
do not want to work for the organisation, and left CAFCASS struggling
to find practitioners capable of effectively fulfilling its key
duties.
169. The appointment of a new Chief Executive—albeit
that he has not yet been permanently appointed—appears to
have resulted in a significant improvement in the running of the
organisation, and witnesses have recognised that improvement.[271]
But the legacy of those early months is still with the organisation,
and it is still taking decisions—such as that to introduce
an additional tier of management—which tend to give the
impression that it is more interested in its own organisational
structures than in delivering the best possible service for children.[272]
170. It is important that this Report is not seen merely as
an endorsement of the criticisms which have been made about CAFCASS.
It is vital that CAFCASS work together with the professional and
voluntary organisations who have expressed their concerns to us
to address the issues which have been raised in this Report, and
it is equally vital that the organisations concerned recognise
that, in the interests of the children they serve, a positive
climate now needs to be created. CAFCASS needs to be helped to
use, develop and build on the considerable skills which exist
among its personnel and to become the kind of quality organisation
it was originally intended to be.
171. Nevertheless, if it is to regain the confidence of all
those who work with and for it, CAFCASS needs to demonstrate clearly
and unambiguously that it is putting children and young people
first in all that it does. This will not necessarily
be easy to achieve, and it may take some time; but the sooner
progress is made, the sooner CAFCASS will be able to become, as
the Chief Inspector of MCSI said it should become, "an organisation
which all its staff are proud to work for and which is recognised
by the professional community as the national centre of expertise
in its field."[273]
172. We recommend that the CAFCASS Board identify three or
four key actions which it can take which will demonstrate that
it is truly "putting children and young people first".
These actions should not represent "business
as usual", but should be designed to show that the problems
of the early times are behind it and that the organisation is
ready to assume a different and more appropriate focus on the
children it serves. Such a refocusing of priorities
should work through into a longer-term position where CAFCASS
judges all that it does against the question "Will this improve
the service we offer to children and the courts?"
173. We do not wish CAFCASS to continue to be seen
to be prioritising management issues at the expense of delivery
of front-line services. However, one way in which the Service
could demonstrate that it is taking concerns about management
style seriously would be to examine how it could implement the
"bottom-up creative approach" referred to in the submission
we received from a Board member. In evidence to us, the CAFCASS
Chairman assured us that he "really [did] want to see"
what a "light management touch" meant in practice, on
the ground.[274]
We recommend that, rather than waiting to be shown how
such an approach might work, the CAFCASS Board establish a working
group to discuss both with its own stakeholders and with others
with relevant expertise outside the organisation how such an approach
could be implemented. In particular, this group
could learn from other organisations which have adopted a similar
approach.
The Framework
Document and CAFCASS's relationship with government
174. The history of CAFCASS's relationship with government
has not been a happy one. Blurred lines of accountability, poor
funding decisions and a failure on the part of both the Department
and the Board to understand the proper constitutional relationship
between an NDPB and its parent Department were significant hindrances
to the successful resolution of the problems which have beset
CAFCASS—and, in some cases, were significant factors in
the creation of those problems. The transfer of responsibility
for CAFCASS away from the Lord Chancellor's Department, as was,
to the Department for Education and Skills offers an opportunity
for a reassessment and recasting of the relationship between CAFCASS
and its parent Department. The relocation can
be seen as a welcome recognition that CAFCASS is primarily a service
for children. We hope that reporting to the Minister for Children
will cause CAFCASS to reassess its priorities.
175. In particular, there is now an opportunity to
redraft the Framework Document in a manner which is more appropriate
for an NDPB and which more closely reflects CAFCASS's core duties.
The Framework Document is, primarily, a description of the relationship
between the organisation and Government, but it should also clearly
reflect the organisation's core tasks. We recommend
that, when the Framework Document is redrafted to take account
of the new Departmental responsibilities, the DfES ensure that
the new document both explicitly reflects CAFCASS's core task
of securing the welfare of children in court proceedings through
representation and reporting, and sets out the proper constitutional
relationship between CAFCASS as an NDPB and its parent Department.
Furthermore, whilst CAFCASS remains
an NDPB—and, notwithstanding the views
of MCSI, we are not convinced of the need for any change to its
status—its parent Department must ensure that
it is able to function as such and must respect the independence
from Government which comes with that status.
176. Whilst the transfer to the Department for Education
and Skills will provide an opportunity to recast the relationship
between CAFCASS and its parent Department, it also poses some
risks. This Department has no history of involvement in the work
which CAFCASS does, and the only relevant knowledge base within
it will be that provided by any civil servants who transfer over
from the LCD at the same time. CAFCASS itself must take responsibility
for securing the improvements in service delivery which we have
identified as essential to its establishment as an effective organisation.
In doing so, however, it will need the support and, where appropriate,
advice of its parent Department. There is some evidence that when
CAFCASS was originally established within the Lord Chancellor's
Department, and the services it provided moved away from the Home
Office and Department of Health, there was a failure in knowledge
transfer which contributed to the loss of focus on CAFCASS's core
role. It would be deeply regrettable if the transfer of CAFCASS
to the purview of another Department were now to lead to a further
loss of knowledge and expertise amongst those who should be supporting
the Service.
The CAFCASS
Board
177. Thus far, the Board has failed to provide the
necessary strategic direction and accountability which CAFCASS
so desperately needs. Nor has it operated in an effective manner
which has allowed the concerns of individual Board members and
stakeholders to be discussed and addressed.[275]
178. Part of the blame for the failure of the Board
to perform its duties effectively must also lie with Ministers.
The Board is demonstrably short of expertise in a number of key
areas, including the
specific work of CAFCASS practitioners, setting up new organisations,
running NDPBs, and the governance of national service delivery
and policy developing organisations.[276]
Although both the Minister[277]
and the CAFCASS Chairman[278]
attempted to deny that the Board was short of such expertise,
we were unconvinced by their arguments. We do not consider that
having a son or daughter working in the family court system is
a substitute for relevant expertise on the part of a Board member.[279]
The failure to appoint more members with greater experience and
expertise has been a significant hindrance to the Board's effective
operation. It has also lent further weight to the suspicions that
the LCD wished to exercise greater control over the organisation
than was appropriate for an NDPB: the fact that the Minister boasts
of not just one or two but several Board members having experience
as management consultants tells its own story.[280]
179. Unless significant improvements are made soon,
confidence in the ability of the Board to perform its duties effectively
will wane further. Recent signs are not encouraging.
The Board's response to the submission sent to
us by one of its members is deeply depressing.[281]
The Chairman and other Board members seem determined to bury their
heads in the sand and pretend there is nothing wrong, rather than
taking the steps necessary to assert the position of the Board
as an effective driver for improvement.
180. The transfer of responsibility for the appointment
of members of the Board from the Lord Chancellor to the Minister
for Children and the recasting of the Framework Document present
an opportunity to re-examine the experience and expertise present
on the Board. It is a central recommendation of this
Report that there should be a fundamental review of membership
of the Board. We believe the Board needs people of experience
and stature who can develop the strategy necessary to deliver
an effective, child-centred service.
181. The new Board must take steps to ensure that it is able
to carry out effectively its function of providing strategic direction
and holding senior management to account. It
must not allow itself to be as dependent on senior management
as the current Board, nor to be bypassed in discussions with the
Department. We hope that the tasks we have proposed for the Board
in overseeing the implementation of certain key recommendations
will be a start in enabling it to work effectively. In the longer
term, it is for every Board member to consider how they, individually
and collectively, can best contribute to the effective running
of the organisation.
Inspection
regime
182. The change in Departmental arrangements came
too late for us to take any evidence on the implications of CAFCASS's
transfer to the Department for Education and Skills for the inspection
regime to which the service is subject. It appears to us nevertheless
that, as a social work organisation as well as a service for the
courts, CAFCASS should come under the rigorous and independent
scrutiny of a social care inspectorate. Such arrangements would
help to reinforce CAFCASS's focus on the children which it serves.
In order to recognise both sides of CAFCASS's work, and to preserve
continuity in senior personnel undertaking inspections, we
recommend that joint inspection arrangements be established between
the new Commission for Social Care Inspection (CSCI) and the CAFCASS
Inspection Unit of HM Magistrates' Court Services Inspectorate
(MCSI).
Continued
Parliamentary scrutiny of CAFCASS's work
183. With the transfer of responsibility for CAFCASS
away from the Lord Chancellor's Department and into the Department
for Education and Skills passes also responsibility for the Parliamentary
scrutiny of CAFCASS away from this Committee to the Education
and Skills Committee. That Committee will of course determine
its own priorities. We hope nonetheless that there will
continue to be active Parliamentary oversight of CAFCASS's important
work, and of the progress being made in addressing the recommendations
we make in this Report. The children CAFCASS serves deserve no
less.
210 
