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Judicial review CAFCASS course

 
Glad_Dad
(@glad_dad)
Trusted Member Registered

Hi All,

I am working with a barrister who was shocked / surprised that the DAPP course is ONLY open to men and NOT for women. We are therefore challenging the legality of the course on the following basis:

1. It is discriminatory as it is only open to males and women cannot be prescribed this course by CAFCASS. 

2. It compels the person taking to course to admit there findings OR they face not being to go onto it and therefore there is no effective remedy and a right to family life could be stopped. 

There was some other points but wanted to see what peoples thoughts were on this point or if it has been challenged before in such a way for review? 

Quote
Topic starter Posted : 02/04/2022 7:24 pm
actd
 actd
(@actd)
Illustrious Member

Not heard of it being challenged, but I have to say I agree with you on both points, that is an obvious bias against men, and I've never liked the fact that you have to admit guilt to go on such courses, when you are only going on due to a court order. The only requirement should be to go in with an open mind.

ReplyQuote
Posted : 04/04/2022 8:19 pm

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actd
 actd
(@actd)
Illustrious Member

Not heard of it being challenged, but I have to say I agree with you on both points, that is an obvious bias against men, and I've never liked the fact that you have to admit guilt to go on such courses, when you are only going on due to a court order. The only requirement should be to go in with an open mind.

ReplyQuote
Posted : 04/04/2022 8:19 pm
Glad_Dad
(@glad_dad)
Trusted Member Registered

@actd 

It is very inhumane for someone to go onto a course by admitting there fault and then if they don't they are told to wait another 6 months. Women do not get this same treatment. Also what if you admit to something that you denied in court strongly, it will potentially open you up to a contempt of court claim. 

We will be submitting our judicial review matter probably at the end of the week. If there is any other points challenge the course on, do let me know. But it is pretty much to do ECHR, so the national court would want to ensure it gets sorted before going there. 

ReplyQuote
Topic starter Posted : 05/04/2022 12:52 am

Flowertops
(@flowertops)
New Member Registered

Agree with both your points and this needs challenging. This process has had a big impacted on his mental health. The length of time it took them to find a dapp course was 2 years. We have just found out from cafcass themselves they have told the court they submitted application to dapp programs but they just informed us when we asked for these applications they were never submitted. It’s one f*** up after another. 

ReplyQuote
Posted : 24/06/2022 5:42 am

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