Bastian Lloyd Morris
Remote working in family justice – how to deliver legal services in a pandemic
Debbie Boylin Solicitor at
Bastian Lloyd Morris
For all of us, 2020 has given reason to pause and refl ect and anticipate a future that is likely to be much changed and altered following COVID-19. Government announcements are moving
quickly and the legal professional, like other busi- nesses, has had to adapt and problem solve unlike any other time to ensure that urgent services are still being made available. COVID-19 hasn’t change the need or demand
for legal services and may well have increased the need for many. The response from businesses, including the legal sector, keen to thrive has been prompt and encouraging in the face of the many challenges posed by the pandemic. At the same time, the considerations for the legal
profession and the family justice system in terms of remote working are arguably much more complex and demanding when you consider what a work- ing, modern and professional system requires. Indeed, that is a justice system working remotely that is required to juggle lay parties, advocates, witnesses (along with interpreters) and interme- diaries. Nonetheless, the President of the Family
Division was clear in his announcement on 27 March 2020 that ‘we must not lose sight of our primary purpose as a Family Justice system, which is to enable the Courts to deal with cases justly, having regard to the welfare issues involved’. It is important, therefore, that remote working has been possible, with solicitors off ering Skype and Zoom client meetings, and hearings in the Family Courts dramatically changing to frequently take place by telephone and video link. T e timescales in which these unprecedented changes have been
made have had to be quick and reactive in the face of COVID-19. It has been vital for the public, and certainly the most vulnerable. It has been meant that solicitors, barristers, guardians, social workers and media- tors have been able to remain committed to addressing clients’ needs. T is new way of working has been required in order for the pro-
fession to respond to and deal with child arrangements and children continuing to see both parents, the increase in reports of domestic abuse and protective injunctions, and public law matters involving children and local authority involvement. T ere will always be issues to explore, develop and improve in these new times of remote working. Equally, some cases will be entirely un- suitable for remote hearings and have been required to be adjourned and the Courts are dealing with huge delays. In family cases, it has to be a careful balance given the sensitive issues and sometimes serious welfare concerns involved. However, as businesses and professions across the board delve
further into remote working it has broadened how we can all provide services, revolutionised the use of technology in the Family Courts, and may have permanently changed how we work and deliver family justice in the future. Expert legal advice should be sought if a remote hearing is not
suitable including in the case of a contested trial and when cross ex- amination is needed of ‘live’ evidence or if there are vulnerabilities or language diffi culties.
For more information visit
www.blmsolicitors.co.uk or call 01908 546580 ALL THINGS BUSINESS 43
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