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A care order represents one of the most significant state interventions in England and Wales. The end of a care order is equally important, often meaning a withdrawal of statutory support and monitoring, and children returning home to birth parent(s), living with kinship carers or living independently. Despite its importance, little is known about the discharge of care orders. This article reports on the findings of the first study of the discharge of care orders in England and Wales. Casefile data from 323 children's records were analysed using descriptive and bivariate statistical analysis. Qualitative data from the same records were collected and analysed thematically. Interviews and focus groups were also held with forty-one professionals involved in discharge. Based on the findings, this article reports on a new typology of discharge applications. The typology represents six distinctly different types of application varying on: process and application outcome; length of proceedings; applicant motivation and age and views of the child. The typology developed indicates that differentiated legal and social work processes may be needed to better meet the needs of children and families. This article concludes by presenting recommendations for policy, practice and research in this field. [ABSTRACT FROM AUTHOR]

This article discusses a case in which a couple, JK and PQ, who were unable to conceive through IVF treatment, devised a plan for PQ to mix his sperm with that of his father, RS, and inject it into JK's vagina. This resulted in the birth of a child, D, and PQ was registered as the father. However, JK and PQ later separated, and the local authority brought care proceedings due to concerns about JK's behavior and neglect of the children. The local authority sought a declaration of parentage and DNA testing, but the court ultimately refused these applications. The judge acknowledged that testing and disclosure of the results could benefit the relationship between PQ and D, but concluded that it was not necessary for resolving the welfare issues. The article also highlights the importance of establishing biological parentage in children's cases and the need to protect children's interests in knowing their biological parentage. [Extracted from the article]

Introduction Linkage of public law family court care proceedings (CP) data to all women giving birth in NHS hospitals in England allows calculation of the cumulative incidence of CP involvement for mothers with first children born. Objectives To assess linkage accuracy and determine the 10-year cumulative incidence of CP after a first live birth (FLB) for population subgroups. Method NHS England linked records for mothers in Cafcass (Children and Family Court Advisory and Support Service) involved in CP (2007-2021) to all mothers with a delivery in England using Hospital Episode Statistics (HES: 1997-21). We calculated match rates and assessed indirect evidence of potential false positive and missed links. We used survival analyses to estimate cumulative incidence of CP within 10 years overall and for five-year maternal age groups at first live birth. Results Of 120,937 mothers involved in CP, 6.6% (n = 8,010) were excluded due to missing postcode or date of birth, or age < 15 or > 50. Of the remaining 112,927 mothers, 92,891 (82.8%) were linked to a HES delivery record. Match rates were lowest for mothers with an ethnic minority background, older at first case, or residing in Greater London, but improved over time. Of 3,572,737 mothers with a FLB, 38,462 had CP involvement. The cumulative incidence of CP at 10 years from FLB was 1.31% (95% Confidence Interval [CI]; 1.29-1.32) overall and highest in mothers aged 15--19 years (6.79%, 95% CI: 6.69-6.89) and those living in the most deprived areas (2.47%, 95% CI: 2.43-2.51). Conclusion One in 77 of all mothers and one in 15 aged less than 20 at first live birth were involved in CP within 10 years. Linkage error may underestimate the incidence of CP for mothers in London or with an ethnic minority background.

Independent experts are commonly used in child protection care proceedings to assess families and contribute to a sound basis for care order decisions. Yet the role and function of these experts varies across contexts, with issues raised concerning the quality and impact of their reports. Based on six focus group discussions (FGDs) with child welfare service (CWS) social workers in Norway, this study aims to advance the understanding of how independent experts are used when it comes to child protection. Reflexive thematic analysis was conducted, which revealed that the social workers mostly found the experts' contributions useful in that they provide a fresh pair of eyes and reduce the complexities in a case. However, the use of independent experts also had some negative aspects. The social workers experienced that their competence was undermined in court and had some experience working with experts whose work was of poor quality, which was unrecognized by quality control measures. This study raises timely questions about the role of the expert and suggests a clearer distinction between the function of providing expert knowledge to complement the social workers' assessments and the function of providing an independent assessment of the family on behalf of the courts. [ABSTRACT FROM AUTHOR]

Introduction When a child has suffered, or is at risk of suffering, significant harm from parents or caregivers, the local authority may issue Section 31 (s.31) Care and Supervision proceedings under the Children Act (1989). Objectives We compared the healthcare use of infants less than one year old subject to s.31 proceedings in Wales (n = 1,332),to that of a comparison group of infants not subject to s.31 proceedings (n = 204,417), between January 2011 and February 2020. Methods Population-based e-cohort study utilising data held in the Secure Anonymised Information Linkage (SAIL) Databank. Infants in s.31 proceedings were identified using the Children and Family Court Advisory and Support Service dataset. This was linked to demographic and healthcare datasets, to identify General Practice (GP) visits, emergency department (ED) attendances, and hospital admissions (emergency and elective); before the study end date or the child's first birthday for the comparison group, orbefore the s.31 application date.Regression analysis calculated event rate ratios [RR] and incidence rate ratios [IRR] for healthcare events, adjusting for widerdeterminants of health (e.g. perinatal factors, maternal mental health, deprivation), and investigated reasons for healthcare use. Results Infants in s.31 proceedings had ahigher number and incidence of healthcare events compared with the comparison group, across all healthcare settings. Differences were greatest for emergency hospital admissions (IRR = 4.03, 95% confidence interval [CI] = 3.53 - 4.59; RR = 4.60, CI = 3.90 - 5.41). "Injury and poisoning" was the main reason for emergency admissions amongst infants in s.31 proceedings. For ED presentations, emergency hospital admissions, and GP visits, there were proportionally more events for these infants across all top ten reasons for healthcare. Conclusions Findings highlight greater healthcare utilisation for infants involved in s.31 proceedings in Wales, helping to build a better understanding of their needs and vulnerabilities.

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The current study aimed to explore the factors that influence how social workers make decisions and develop their decision‐making skills in care proceedings, and to identify effective support and intervention to develop social worker decision‐making skills. The study employed a mixed thematic approach across two phases of study: an initial inductive thematic analysis of responses to an online qualitative questionnaire and then a mixed thematic analysis of follow‐up focus groups and interviews with social workers working in various social work roles within England and Northern Ireland. The findings identified a number of themes that help to understand the decision‐making skills of social workers; thorough assessment skills, relationship‐based anti‐oppressive practice, being mindful of the lived experience of the child and using critical reflection to make complex decisions. Wider structural factors that support or hinder decision‐making, particularly in respect of organizational support and management supervision were also identified. Social workers can be supported to develop decision‐making skills through additional training, reflective learning and management support to develop their practice wisdom within this field. [ABSTRACT FROM AUTHOR]

The profound and lasting impact of losing a child to adoption or foster care has been powerfully described, and the importance of offering therapeutic support to birth relatives is a requirement in most parts of the UK. However, little is known about effective counselling for this group. In this article, we report on the experiences of four counsellors and a project worker who offer counselling to birth relatives whose children have been removed following care proceedings. We present their reflections under four themes, namely: 'It's all about the person, it's all about the relationship'; 'Meeting clients where they are'; 'Having a sense of achievement'; and 'This work can really get into you'. These accounts offer valuable reflections for others offering counselling to birth relatives and their supervisors, as well as those who commission and design these services. [ABSTRACT FROM AUTHOR]

In 2016, there were care proceedings in respect of F3's children who, with the exception of G, were living with their mother; G was made subject of child arrangements and supervision orders to live with F3, but the placement broke down and G went into care. Keywords: Care proceedings; grounds for appeal; proportionality; delay EN Care proceedings grounds for appeal proportionality delay 533 536 4 02/07/23 20221201 NES 221201 In I Re H-W i [2022] UKSC 17 the Supreme Court examined the standards for decision-making and proportionality in care cases, revisiting an area thoroughly considered in and after Munby P's decision in I Re B-S (Children)(Adoption Order: Leave to Oppose) i [2013] EWCA Civ 1146 and creating a bright line for the test for appeals. Judging care proceedings - "it's not what you do it's the way that you do it". [Extracted from the article]

This review article focuses on the inter-relationship between substance misuse, domestic abuse, and child maltreatment, especially in the context of care (child protection) proceedings. It reviews what is known about the prevalence and impact of co-occurring domestic abuse and substancemisuse on adult and child victims, and the response of criminal and family law and intervention programmes in supporting families to address these problems holistically. Special attention is paid to the role of Family Drug and Alcohol Courts (FDACs), a radical problem-solving approach to care proceedings, which provide integrated interventions to the range of co-occurring problems that trigger the proceedings. Despite clear evidence of the greater harm to children when exposed to these two parental diffculties, the review has found a lack of systematic information on the prevalence of co-occurrence and a lack of effective integrated interventions, including within care proceedings. It argues that the FDAC approach is well suited to respond to co-occurring substance misuse and domestic abuse in care proceedings and it has the potential to break down silos across sectors. However, in the absence of empirical evidence, this premise would need testing. A particular focus of the review has been on efforts to overcome silos in practice, law and policy. Promising initiatives are described in criminal and family law to improve the response to domestic abuse that build on the Domestic Abuse Act 2021, the first dedicated domestic abuse legislation in England and Wales. All of them are based on problem-solving approaches used in other jurisdictions. Despite these initiatives, the review concludes that there remain significant barriers to effectively align law, policy and practice to ensure that domestic abuse strategy recognizes and responds to the overlaps with substance misuse. [ABSTRACT FROM AUTHOR]

This review article focuses on the inter-relationship between substance misuse, domestic abuse, and child maltreatment, especially in the context of care (child protection) proceedings. It reviews what is known about the prevalence and impact of co-occurring domestic abuse and substance misuse on adult and child victims, and the response of criminal and family law and intervention programmes in supporting families to address these problems holistically. Special attention is paid to the role of Family Drug and Alcohol Courts (FDACs), a radical problem-solving approach to care proceedings, which provide integrated interventions to the range of co-occurring problems that trigger the proceedings. Despite clear evidence of the greater harm to children when exposed to these two parental difficulties, the review has found a lack of systematic information on the prevalence of co-occurrence and a lack of effective integrated interventions, including within care proceedings. It argues that the FDAC approach is well suited to respond to co-occurring substance misuse and domestic abuse in care proceedings and it has the potential to break down silos across sectors. However, in the absence of empirical evidence, this premise would need testing. A particular focus of the review has been on efforts to overcome silos in practice, law and policy. Promising initiatives are described in criminal and family law to improve the response to domestic abuse that build on the Domestic Abuse Act 2021, the first dedicated domestic abuse legislation in England and Wales. All of them are based on problem-solving approaches used in other jurisdictions. Despite these initiatives, the review concludes that there remain significant barriers to effectively align law, policy and practice to ensure that domestic abuse strategy recognizes and responds to the overlaps with substance misuse.

In 2019–2020, 80,000 children in England were looked after by the state or adopted. Whilst extensive research has explored the experiences and outcomes of children in the care system, much less research has focused on the experiences of their parents. This paper uses the Power Threat Meaning Framework to provide a qualitative synthesis of literature exploring the experiences of birth parents in England who have had a child removed from their care by the state in order to understand how early interpersonal adversity interacts with social disadvantage to bring these families to the attention of child protection services. This paper aims to problematise the individualistic discourse blaming parents who cannot look after their children and offer an alternative perspective by examining the impact of developmental trauma and systemic adversity on birth parents prior to, during and following care proceedings. This paper argues that significant policy changes are needed to support vulnerable families, with an emphasis on trauma‐informed care and tackling levels of deprivation. This approach challenges psychology and psychiatry (Psy) professionals to use their privileged position to call for broader societal change to address the root causes of distress within this group. Please refer to the Supplementary Material section to find this article's Community and Social Impact Statement. [ABSTRACT FROM AUTHOR]

Background Little is known about mental health problems of children and young people (CYP) involved with public and private law family court proceedings, and how these CYP fare compared to those not involved in these significant disruptions to family life. Aims This study examined records of depression/anxiety in CYP involved in public and private law proceedings using linked population-level data across Wales. Method Retrospective e-cohort study. We calculated the incidence of primary-care-recorded depression/anxiety among CYP involved in these proceedings and in a comparison group, using Poisson regression. Depression/anxiety outcomes following proceedings were evaluated using pairwise Cox regression, with age- and gender-matched controls of CYP who had no involvement with the courts. Results CYP in the public group had twice the risk of depression (adjusted incidence rate ratio aIRR = 2.2; 95% CI 1.9–2.6) and 20% higher risk of anxiety (aIRR = 1.2; 95% CI 1.0–1.5) relative to the comparison group. The private group had 60% higher risk of depression (aIRR = 1.6; 95% CI 1.4–1.7) and 30% higher risk of anxiety (aIRR = 1.3; 95% CI 1.2–1.4). Following private law proceedings, CYP were more likely to have depression (hazard ratio HR = 1.9; 95% CI 1.7–2.1), and anxiety (HR = 1.4; 95% CI 1.2–1.6) than the control group. Following public proceedings, CYP were more likely to have depression (HR = 2.1; 95% CI 1.7–2.5). Incidence of anxiety or depression following court proceedings was around 4%. Conclusions Findings highlight the vulnerability of CYP involved in family court proceedings and increased risk of depression and anxiety. Schools, health professionals, social and family support workers have a role to play in identifying needs and ensuring CYP receive appropriate support before, during and after proceedings.

This article considers the modernisation of family justice, set in train by the Family Justice Review and given legal force by the Children and Families Act 2014, with specific reference to public law care proceedings. It does so through the prism of Complexity Theory that has been used extensively to analyse public sector policymaking, including child protection, but that has not to date been applied to family justice. It shows how the Family Justice Review was influenced, from its terms of reference to its proposed solutions, by the rational paradigm that has dominated UK policymaking for decades. Rationalism is, it is argued, of limited value to driving policy in a system as complex as family justice and the use of a performance indicator to enforce compliance has proved to be problematic. Core concepts of Complexity are explained and an analysis of modernisation through the lens of Complexity is provided. The article concludes by setting out principles derived from Complexity to guide family justice through recovery. [ABSTRACT FROM AUTHOR]

Abstract Background Under the Children Act 1989, local authorities in Wales, UK, can issue care proceedings if they are concerned about the welfare of a child, which can lead to removal of a child from parents. For mothers at risk of child removal, timely intervention during pregnancy may avert the need for this and improve maternal/fetal health; however, little is known about this specific population during the antenatal period. The study examined maternity characteristics of mothers whose infants were subject to care proceedings, with the aim of informing preventative interventions targeted at high risk mothers. Methods Anonymised administrative data from Cafcass Cymru, who provide child-focused advice and support for family court proceedings in Wales, were linked to population-based maternity and health records held within the Secure Anonymised Information Linkage Databank. Linked data were available for 1111 birth mothers of infants involved in care proceedings between 2015 and 2018. Findings were benchmarked with reference to an age-deprivation-matched comparison group (n = 23,414), not subject to care proceedings but accessing maternity services during this period. Demographic characteristics, maternal health, reproductive history, interaction with midwifery services, and pregnancy and birth outcomes were examined. Descriptive and statistical tests of independence were used. Results Half of the women in the cohort (49.4%) resided in the most deprived areas. They were more likely to be younger at entry to motherhood (63.5%

COVID-19 and the resulting "lockdown" and social distancing measures significantly disrupted the mechanisms by which child maltreatment may be identified or disclosed and children's voices in relation to their protection are heard. This paper reports on the first stage of a multi-disciplinary study in which 67 interviews were undertaken with strategic and operational leads in all professions with child protection responsibilities from 24 London boroughs in June to early September 2020. Findings highlight disruptions to communication pathways caused by redeployment and the closure of universal and early help services, and concerns about the effectiveness and safety of distanced interactions. Innovations in practice to overcome these challenges are reported, including risk reevaluation exercises, keeping in touch strategies and online innovations. Lundy's model of participation rights is employed to identify lessons for addressing the invisibility of some groups of children, enhancing access to and quality of communication, and embedding responsibility for listening to children. [ABSTRACT FROM AUTHOR]

Introduction Maternal mental health problems and substance misuse are key risk factors for child neglect or abuse and court-mandated placement into care. Linkage between mental health records and family court data could raise awareness about parent mental health needs and inform approaches to address them. Objectives To evaluate data linkage between administrative family court data and electronic mental health records for a population-based mental health service for 1.3 million people in South London. Methods We deterministically linked administrative family court data for women (n=5463) involved in care proceedings in South London with service user records from the South London and Maudsley NHS Mental Health Trust (SLaM). We restricted the cohort to women involved in proceedings between 2007 and 2019, in local authorities where SLaM solely provides secondary/tertiary mental health services and the Improving Access to Psychological Therapies (IAPT) (n=3226). We analysed the associations between match status and sociodemographic/case characteristics using multivariable logistic regression. Results Two-thirds (2317/3226; 66%) of women linked to a SLaM service user record at some point; most (91%) who linked accessed secondary/tertiary mental health services, indicating serious mental illness. Accounting for possible missed matches, we estimated that 70-83% of women accessed SLaM services at some point. Older women at index proceedings (>35yrs OR: 0.69, 95%CI: 0.54-0.88vs

Since reforms in 2014, care proceedings—where a local authority seeks to intervene legally to protect a child—have become shorter, with greater emphasis on 'front-loading' preventative and analytical work before, rather than during, proceedings. National findings on case outcomes are emerging, but in-depth local analyses are still rare. This exploratory data analysis of 937 children in 522 families in one London local authority sought to identify trends in the length, outcome and nature of pre-proceedings and proceedings cases, including outcomes six, twelve and twenty-four months after the end of these processes. Consistent with national-level findings on care proceedings, from 2013 to 2017 both the pre-proceedings and care proceedings processes became shorter, and more likely to end with the child at home. The data do not suggest that this increased 'decisiveness' leads to rushed decisions. Only 1.4 per cent of the children stepped-down from pre-proceedings, and 6.6 per cent of the children who remained at home after care proceedings came into care within two years of that decision. This research offers a model for similar analyses by practitioner researchers within their own local authorities. [ABSTRACT FROM AUTHOR]

Background: A substantial number of birth mothers experience repeat removals of their infants and children due to child protection concerns. The perspectives of mothers going through repeat removals and their experiences of pregnancy are insufficiently researched. Aims and methods: The current qualitative study aimed to explore the maternal representations of five pregnant mothers at risk of recurrent care proceedings. A thematic analysis of these mothers' responses to the Pregnancy Interview focused on their representations of themselves as mothers, of their babies, and of the mother–baby relationship. Results: Seven key themes were identified: (1a) "Uncertainty and fear of losing the baby," (1b) "Uncertainty but hope of becoming a mother," (2) "Not wanting to be like their own mother," (3) "Experiencing recovery and pregnancy as two interdependent processes," (4) "Struggling to imagine the baby," (5) "The omnipresence of previous children," (6) "Pleasure at starting to have a connection with the baby," and (7) "Noting the baby's dependency." Conclusion: The results are clinically relevant as they highlight grief, maternal self‐identity, recovery from substance abuse, and ability to manage uncertainty as critical areas of intervention for these mothers. [ABSTRACT FROM AUTHOR]

• Since the implementation of the Children and Families Act 2014, the number of orders in the study cohort has dropped by almost half. • Mothers involved in care proceeding presented a distinctive profile from those mothers not involved in care proceedings. • The majority of mothers had their children placed in out-home care and attending substance use treatment during the proceedings was not associated with proceedings' outcom. • Most mothers involved in care proceedings were known to substance use treatment services before care proceedings began. • Participation of the child's father in the proceeding is a protective factor for not losing the care of the children for mothers that receive substance use treatment at the time of the proceedings. Maternal substance use is considered a significant risk for child maltreatment and neglect, and thus, a common feature in care proceedings (Family Courts). It is important to better understand how the complex needs of these mothers impact on care proceedings' outcomes. The present study explored individual and clinical characteristics of mothers receiving treatment for substance use to describe who the mothers involved in care proceedings are, and explore what factors are associated with out-of-home placement of their children. Data were extracted from electronic health records (EHRs) of 1587 mothers of dependent children (age < 18 years old) who attended South London and Maudsley (SLaM) National Health Services (NHS) Foundation Trust addiction services between 2007 and 2019. Clinical service records of 480 mothers (30 %) were linked to family court records. The number of care proceeding cases decreased during the study period. Most mothers involved in care proceedings (79 %) were known to SLaM before care proceedings began. Compared to mothers who were not involved in care proceedings, mothers who were involved, were more likely to be younger, from a non-white background, to be socially deprived, to experience housing problems, to be pregnant, to have a longer duration of treatment for substance use, to use opioids and/or crack-cocaine and to report lifetime domestic violence victimisation, be at risk of suicide, and report poorer quality of life and psychological health. The median length of care proceeding cases was 37 weeks. Eighty-two percent of mothers had care for their child terminated by the court. Mothers' younger age, housing problems, use of opiate and/or cocaine/crack-cocaine and poorer quality of life increased the odds of out-of-home placement of the children. The participation of the child's father in the proceedings was a protective factor for maintaining care of the child for those mothers that were receiving substance use treatment at the time of the proceedings. Attending treatment for substance use during the proceedings was not associated with the child placement outcome. Findings highlight that current substance use treatment services are not designed to support mothers retain the care of their children. Understanding and addressing the range of needs of these mothers has implications for both substance use treatment and child welfare. [ABSTRACT FROM AUTHOR]

The article is based on interviews with 22 children's spokespersons in the Norwegian arrangement for indirect participation in care proceedings, and presents analyses of the spokespersons' experiences of contradictions and dilemmas in their practices. Contradictions and dilemmas may be seen in light of the epistemological positions analysed from spokespersons' accounts: their interpretation of their mandate and the status they ascribe to the child's contribution to the dialogue. The article's contribution is the presentation of analytical results that call for a discussion about the inherent contradictions in the mandate of an indirect participation arrangement, and contradictions between psychological and judicial aspects of the spokespersons' practices. [ABSTRACT FROM AUTHOR]

There is very little published literature on 'what works' in terms of support for birth mothers following the loss of their children to compulsory adoption or foster care. The aim of this article is to raise the voices of a group of birth mothers, a historically stigmatised, powerless and neglected group, with substantial experience of counselling following the loss of a child. A user of services and expert by experience was recruited to join the research team and was consulted at all stages of the research process. Five birth mothers were interviewed regarding their experiences of involvement with a counselling service for birth relatives post-child removal. These interviews were systematically analysed using an IPA methodology through the lens of the research question: What are the experiences of birth mothers who engage in person-centred counselling following the loss of a child or children to compulsory adoption or foster care? Three master themes were constructed from the data: 'From feeling alone, judged and let down ... to feeling part of a special relationship', 'The healing process' and 'My children are my world'. The clinical invitations extended by these findings are discussed. [ABSTRACT FROM AUTHOR]

Child protection proceedings often concern children with international connections. In recent years, the courts of England and Wales have handed down a number of significant judgments examining the application of international legal instruments (in particular Brussels IIa) to care proceedings. This article considers the impact of court judgments on the practical 'working' by Local Authorities of international child protection cases. A case study was conducted, oriented by socio-legal theory, consisting of a small number of qualitative interviews with Local Authority lawyers and social workers. The article concludes that some judgments have acted as a catalyst to change working practices for Local Authorities. However, international child protection cases present a variety of challenges for Local Authorities, and judgments provide an imperfect site for the provision of procedural and substantive guidance in this complex area. Further, there was often a tension between the need to conscientiously adhere to such guidance, and the welfare needs of the children with whom the Local Authority was concerned. [ABSTRACT FROM AUTHOR]

This article presents data from the first large-scale study of fathers involved in repeat (or recurrent) care proceedings in England. The project complements important research on mothers and recurrence. It consisted of three elements: an analysis of population-level administrative data from the Child and Family Court Advisory and Support Service (CAFCASS), a survey of fathers in pre-proceedings and care proceedings, and a qualitative longitudinal (QL) study of recurrent fathers. Here we report findings from the survey and the QL study, offering an expanded definition and description of fathers and recurrence. Elsewhere, we reported that a significant number of fathers appear in recurrent care proceedings and that the majority return with the same partner. Alongside this, there is also a notable pattern of “missing” fathers demonstrated by the proportion of lone mothers reappearing before the court. Our survey indicates a certain profile of recurrent fathers, but also that recurrent fathers are not straightforwardly a homogenous group. We report on the significance of recurrent fathers’ early lives, on the phenomenon of enduring couple relationships and on the prevalence of issues affecting parenting, such as poor mental health, substance use and domestic abuse. Insights from the QL study in particular reveal legacies of harm, loss, and a lack of emotional and relational resources in childhood, which have debilitating and far-reaching consequences. We argue the importance of understanding the vulnerabilities of recurrent fathers and of challenging certain assumptions in child welfare and family justice practices. There is much to be learnt from existing services for recurrent mothers, but also a need for bespoke or adapted services that may be more responsive to particular circumstances of recurrent fathers and couples.

The Children and Families Act 2014 has introduced a 26-week timeline for Children Act 1989 care and supervision court cases. This article discusses the risks and possible ramifications for children and parents of this measure, which halves the average length of care proceedings. This is to be set against evidence that faster resolution of children’s cases is possible without prejudicing the quality of court decision making; however, careful monitoring is indicated to ensure that child welfare is at the forefront in the decision making process and the individual rights of all concerned are protected.

This paper focuses on cases about children who were the subject of child protection plans and designated by children's social care services as 'borderline' for compulsory intervention by way of care proceedings. It moves beyond abstract language, into the everyday vocabularies of practice, with the aim of better understanding decision-making in such cases. The majority of these cases had been categorised as neglect (34/47 children). While social workers and managers clearly invoked a threshold or line for compulsory action, their discussions demonstrated a range of factors about why it was not always easy to identify when this line had been crossed. [ABSTRACT FROM AUTHOR]

The article discusses a court case on child adoption in Europe. Topics mentioned include the principle of mutual trust, the care proceedings to children's best interests, the importance of sibling relationships, parental responsibility, the permission of adoption without parents' consent in other European countries, and the application of a law for care orders.

The article reports the decision of the British Court of Appeal (Criminal Division) in the case 'Re E (A Child)' concerning laws related to evidence in family proceedings. It reports that allowing the appeal the court described that there had been significant departures from recognized good practice by those undertaking the Achieving Best Evidence (ABE) interviews.

In a climate of austerity, timescales and targets, this paper probes whether parents matter sufficiently within the current child protection system in England. Evidence suggests that achieving partnership working in the context of child protection has become increasingly illusive, particularly when parents are notified that the local authority is considering compulsory intervention to remove their children under the Children Act 1989. Recent changes to legislation, policy and practice ushered in with the aim of achieving earlier decisions within the time frame for the child are laudable, but there are consequences for both children and their parents. The aspirations of the Public Law Outline (2008) are well rehearsed, but the changes being introduced with the recent reform of the family justice system, alongside particular constructions of parenting, may be failing to recognize the potential of many parents, if offered appropriate support, to care safely for their children. [ABSTRACT FROM AUTHOR]

In England, the problem of excessive delay in court proceedings about children is longstanding, and there have been numerous initiatives over the years to tackle it. Under the 2014 Children and Families Act, there is now a statutory limit of twenty-six weeks for care proceedings (with provision for longer where justified). If this is to be achieved, the quality of the work that local authorities undertake with children and families before proceedings are started will be more important than ever, and the courts will have to take due account of it. This paper draws on research into the formal 'pre-proceedings process' in England and Wales, to assess the prospects for the new approach. The research was undertaken in 2010-12, and involved a file survey, observation of pre-proceedings meetings, interviews with key participants (including social workers, lawyers and parents) and a group discussion with judges. The paper considers the implications of the new approach for relationships between the courts and local authorities, in particular how pre-proceedings work should be conducted. The danger is that pre-court practice may become less about family support, more about evidence and timescales, less about prevention of proceedings, and more about preparation for court. [ABSTRACT FROM AUTHOR]

The child care literature consistently reports a lack of support for birth mothers following their child being taken into care or adopted. This is despite consistent evidence of the long-term consequences of the removal of children on their mental health. The aim of this study is to explore the effects of separation, the subsequent sense of identity and the experience of contact and support throughout the process. Semi-structured interviews were conducted with seven mothers recruited from birth mother support groups and the transcripts analysed using Interpretative Phenomenological Analysis (IPA). Four themes emerged: ‘no one in my corner’; disconnecting from emotion; renegotiating identity; and the children are gone but still here. The findings contribute to our understanding of the experiences of birth mothers whose children are removed from their care and are discussed within a range of psychological theories. [ABSTRACT FROM AUTHOR]

There is international concern about the population of birth mothers who experience repeat court-ordered removal of children. This article reports the findings from a population profiling study that provides the first picture of the scale of women's repeat involvement in public law proceedings in England. Based on national records from the Children and Family Court Advisory and Support Service (Cafcass)(n = 43,541 birth mothers, 2007-14), two subsets of mother, child and legal proceedings data were created. The aims of the study were to:(i) produce a descriptive profile of recurrent cases, (ii) estimate the probability and timing of recurrence and (iii) examine the relationship between maternal age and recurrence. Quantitative analysis comprised descriptive statistics for profiling purposes and methods of survival analysis to estimate probabilities. Findings indicate that the family justice system recycles a sizeable percentage of women (24 per cent) through repeat episodes of care proceedings, with young women aged sixteen to nineteen years most at risk of recurrence. Implications for social workers and the family courts are outlined with reference to new innovations in England. [ABSTRACT FROM AUTHOR]

This article focuses on the opportunities and potential benefits of collaborative judicial working and social processes within the new Family Court. To illustrate this, findings from a recent evaluation by the authors of the Greater Manchester Gatekeeping and Allocation – Care Proceedings Pilot (the Manchester Pilot) will be presented. In the Manchester Pilot, the allocation of care cases to a particular level of court became a collaborative judicial decision, to be achieved through consensual decision making. The social processes of face-to-face communication, negotiation, knowing and learning from each other in this new procedure, provide the main area of analysis in this article. Findings from our evaluation illustrate issues and opportunities for the lower courts under the new allocation arrangements within the Family Court, and may in some respects reflect aspects of other research of social processes such as Paterson's studies in the appellate courts. [ABSTRACT FROM AUTHOR]

Legal action to separate newborn babies from their parents is regarded as 'draconian' by the courts and subject to intense scrutiny. This paper outlines current legal and social work issues relating to such intervention and discusses the potential benefits of the 'pre-proceedings process' to address them. This process enables parents to have legal representation in a discussion with children's services when care proceedings are contemplated. The paper reports the findings of recent socio-legal research by the authors into the use of the process in England and Wales. In six local authorities, 30 per cent of 120 cases where the pre-proceedings process was used related to unborn babies; a pre-proceedings letter was sent in 75 per cent of unborn baby cases where care proceedings were considered, compared with 57 per cent of cases overall. The process could help to secure parental cooperation for pre-birth assessments and short-term protective arrangements at birth, thus avoiding emergency intervention. Families were diverted from care proceedings in 30 per cent of the cases where this was a possibility. Furthermore, the process was valued by social workers and lawyers as being fairer to parents. Copyright © 2014 John Wiley & Sons, Ltd. Key Practitioner Messages: Local children's safeguarding boards should be more aware of the pre-proceedings process., Local authorities should use the pre-proceedings process in accordance with guidance., Protecting babies requires thorough assessment, good planning and timely decisions., Early use of the pre-proceedings process in pre-birth cases assists assessment and planning., More efforts are required to involve fathers in the pre-proceedings process., The pre-proceedings process can divert cases from care proceedings. [ABSTRACT FROM AUTHOR]

This paper reports on an exploratory study of the role of solicitors acting for parents with intellectual disabilities (ID) in public law proceedings. The paper draws on in-depth interviews with 11 solicitors and a subsequent focus group in which the interview findings were presented and reflected on by six of the eleven participants. Two of the five themes that emerged will be discussed here. They are entitled ‘Attitudes and Influence’ and ‘Legal Processes’ and concern the attitudes and influence of those involved in assessing, supporting and representing parents with ID and the care proceedings processes encountered by parents with ID. [ABSTRACT FROM PUBLISHER]