§ Andy BurnhamTo ask the Parliamentary Secretary, Department for Constitutional Affairs what training is available to magistrates on access rights for grandparents in cases of family breakdown. [187661]
§ Mr. LeslieStatutory responsibility for the training of magistrates currently rests with the 42 independent magistrates courts committees (MCCs). In court lay magistrates sit with their justices' clerk or a legal adviser. The justices' clerk has a statutory duty to provide advice to the magistrates on questions of law, practice and procedure. This will include advice on applying any case law and relevant Court of Appeal judgments when making decisions. Cases concerning contact (access) arrangements are therefore considered by magistrates on individual merit and with appropriate advice on law and procedure. In each case the child's welfare shall be the court's paramount consideration.
The Children Act 1989 introduced the legal framework for contact (access) arrangements for children in cases of family breakdown. A grandparent is entitled to apply to the court under s.10 of the Act for permission to make an application for contact.
Only magistrates who sit on the Family Panel can hear cases that involve contact arrangements. The recently updated Magistrates' National Training Initiative (MNTI 2) sets out (and confirms the current practice) that magistrates should only be invited to sit on the Family Panel after successfully demonstrating the competencies required to sit in the adult court. Magistrates have been using a competence framework since 1998 for appraisal and training. Under MNTI 2 there are new competence frameworks for both the adult and family courts. These competence frameworks set out the knowledge, understanding, and skills magistrates need to demonstrate to perform their role.
Applications for contact arrangements can also be heard in family proceedings in the county court.