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Family Law

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Court of Protection Practice and Procedure Conference 2016

A comprehensive guide to best practice and current thinking

05 NOV 2013

Triennial Review of the Civil Justice Council and Family Justice Council

The Judicial Office is carrying out a review of the Civil and Family Justice Councils as a part of a new Triennial Review for non-departmental public bodies. Triennial Reviews are expected to take between 3-6 months and are carried out by the Sponsor Department of the respective bodies.

The information below is reproduced from www.judiciary.gov.uk.

Call for Evidence

In order to review the continuing need for the functions and the form of the CJC & FJC and its statutory powers to perform these functions, the review team is seeking evidence from a wide range of bodies in response to the two principal aims stated by Cabinet Office (as detailed below).

The review would particularly welcome hearing from users of both councils.

While the review is primarily aimed at those with some knowledge or experience of the work of the Councils , anyone may choose to use it as the basis for submitting their evidence.

Information provided in response to this consultation, including personal information, may be published or disclosed in accordance with the access to information regimes (these are primarily the Freedom of Information Act 2000 (FOIA), the Data Protection Act 1998 (DPA) and the Environmental Information Regulations 2004).

If you want the information that you provide to be treated as confidential, please be aware that, under the FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence. In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Ministry.

Your personal data will be processed in accordance with the DPA and in the majority of circumstances, this will mean that your personal data will not be disclosed to third parties.


1. Purpose:

Please state whether or not there is a continuing need for the functions of the Civil/Family Justice Council as defined in its Terms of Reference.

2. Delivery:

How should the CJC/FJC functions be delivered? Please consider the potential risks, costs and benefits of each.

(a) Should it be abolished? 
(b) Should it be moved into the Ministry of Justice?
(c) Could it be delivered by the voluntary sector or by the private sector? 
(d) Could it be merged with another existing body? 
(e) Could the function be delivered by a new Executive Agency?
(f) Should it remain as an Arm's length Body? 
(g) If it should remain an Arm's Length Body, does the existing model meet the ‘three tests' which are:

  • Is this a technical function (which needs external expertise to deliver)?
  • Is this a function which needs to be, and be seen to be, delivered with absolute political impartiality (such as certain regulatory or funding functions)?
  • Is this a function which needs to be delivered independently of Ministers to establish facts and/or figures with integrity?

3. Other Comments.

Do you have any further comment on the functions or form of the FJC/CJC?

Deadline for Response

Please submit your response by 5pm Monday 25th November 2013.

The email addresses for responses are;

cjcreview@judiciary.gsi.gov.uk for the Civil Justice Council Review

fjcreview@judiciary.gsi.gov.uk for the Family Justice Council Review

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