§ Mr. OatenTo ask the Parliamentary Secretary, Department for Constitutional Affairs what guidance1572W he has given to CAFCASS on its response to the court of appeal ruling, Thorpe, Rix and Arden, 24 October 2002, on the failure of CAFCASS to meet its requirements under European Convention on Human Rights Articles 6 and 8. [167632]
§ Margaret HodgeThe decision to which the question refers, known as Re T (contact: alienation; permission to appeal) [2002] EWCA Civ 1736 and [2003] 1 FLR 531, did not in fact rule on "the failure of CAFCASS to meet its requirements under the European Convention on Human Rights Articles 6,8" as stated. The Court of Appeal (Lord Justice Thorpe) did, however, indicate that there were issues for the Government and judiciary to consider, including the services CAFCASS can be expected to provide "in order to assist the forensic process to satisfy Convention standards?"
No guidance has been issued from the Department of Constitutional Affairs or the Department for Education and Skills to CAFCASS on this matter.