Born into care

A post examining improvements that can be made to short notice hearings when the state intervenes at birth.

The family justice system in England may require new born babies to be removed from their parents and taken into local authority care for their protection; and such cases have been increasing.

This was the topic hosted by Lancashire County Council in today’s webinar ‘Born into Care: Developing best practice guidelines for when the state intervenes at birth’. It focused on how to:

• disseminate the findings from the Born into Care research to local authority and private practice lawyers, barristers, Cafcass officers and Judges;
• disseminate work being done across Lancashire in children’s social care and midwifery to implement the guidelines for good practice; and
• hear the voice of parents who have lived experience of care proceedings involving their babies.

The ‘Born into Care‘ study undertaken by the Nuffield Foundation comprises 63 pages of research and findings covering all of the areas in which professionals intervene to remove children. This post addresses preparation for the court hearing alone, so the assiduous reader may well wish to reference the complete study for context.

Pauline, a public contributor to the webinar, spoke of the trauma of being told that she must attend an urgent hearing soon after the birth of her baby. She recounted how she was required to leave her child in the care of others, not knowing whether they would be reunited. After missing the bus to court, on her late arrival she was afforded no court familiarisation, but required to wait alone. Her participation in the hearing was minimal, but fortunately she was given some keepsake clothing after the decision to remove her child was made.

To my question of Pauline about the role of video connection to a hearing room, her answer was clear. For her, remote connection would have been massively helpful. HH Judge Clive Baker DFJ Cumbria followed this up with a further question of what steps could support this.

And this is what we found.

First, a private facility should be available for new mothers to electively connect remotely to a court with trusted information technology support. This may be a hospital room, separate health visitor facility or solicitor’s office that would enable mother and baby to be together whilst supported by her advocate, nursing professional or social worker. In one move the arrangement would avoid separation, travel, corridor waiting and isolation.

Before connecting to a live hearing, mothers and fathers who attend remotely should be afforded a five minute familiarisation in which they are connected to the court room, the layout explained and the advocates introduced. Parents should be reminded of the process: who speaks first, what the judge will want to know, and when a decision will be made.

Prior to the hearing day, the ‘short-notice hearing’ should be explained with care so that parents are prepared. This could be undertaken by the midwife, social worker or health visitor in situations where a solicitor is yet to be appointed. Clearly, a short and simple written guide to this end would be helpful.

Where the pregnancy is known and a removal hearing is a possibility, local authorities should arrange an inter-disciplinary meeting after 12 weeks gestation so that information may be shared and a bespoke pre-birth plan agreed.

The suggestions set out above are simple, affordable, easily implemented and would be effective. Requiring the attendance of parents at first hearings should not be routine and certainly not imposed by designated family judges. Whilst there may be occasions when new mothers must attend a live hearing in person, the court should make such demands only where necessity dictates, taking into account the wishes of parents and the advice of those that know them.

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