Introduction

This chapter broadens the focus to consider a number of underlying problematic issues – some recent, others longstanding – which make it difficult to change the culture of the family justice system so as to put the needs of children centre stage and see the system as part of a matrix of public services to promote children's wellbeing and strengthen their emotional resilience.

As Sir David Norgrove, now Chair of the Family Justice Board, wrote in the Foreword to the Family Justice Review final report:

It is relatively easy to state the overall objective of a new strategic approach, but of course far harder to achieve it in practice. Both the former President of the Family Division Sir Nicholas Wall and Mr Justice (now Lord Justice) Ryder, Judge in Charge of the Modernisation of Family Justice, as well as David Norgrove, have spoken of the need for a ‘cultural change’ in the family justice system. I will argue that one needs to unravel what this really entails. For a start, I believe that to achieve significant change in this field, one must first ask the question: if we have known now for a number of years what children's needs in these circumstances are, and if – as is the case and as I explained in Part II of this book – the elements of an effective preventive programme have been articulated and understood, why is it that we do not already have in place the necessary policy and practice measures?

The barriers to be overcome

To address this fundamental question one must consider some of the barriers that have inhibited the development of such a strategic approach in the past. I suggest that these were added to by some of the measures introduced by the Coalition government (2010–15), some of which I have already touched on in the previous chapters and the Preface.