Family Drug and Alcohol Court sees fewer children go into care: report

Parents who went through the UK’s only Family Drug and Alcohol Court (FDAC) were more likely to stop their substance misuse than those in ordinary care proceedings – meaning that fewer children were taken into care, an independent report has found.

The report by the Nuffield Foundation and Brunel University also found that FDAC had the capacity to deliver reduced costs in a range of areas.

The FDAC, which sits at the Inner London Family Proceedings Court, has been trialling a new approach to care proceedings where parental substance misuse causes harm to children. The £2.1m pilot began in January 2008 and is a partnership between the court, the Tavistock and Portman NHS Foundation Trust and children’s charity Coram.

Three London councils – Camden, Islington and Westminster councils – have taken part since it was launched, while Hammersmith & Fulham joined last month. The pilot is expected to run until March 2012.

Parents see the same judge throughout – unlike in conventional care proceedings – and meet with them every fortnight. They also receive support from a multi-disciplinary team that provides substance misuse services as well as help with other issues such as housing, domestic violence and financial hardship.

The Nuffield Foundation/Brunel University report analysed the outcomes for the 55 families (77 children) that entered the court between January 2008 and the end of June 2009. The group was then compared with a sample of 31 families (49 children) involved in ordinary care proceedings in two other local authorities during the same period.

Researchers were able to track 41 FDAC cases and 19 ordinary cases to final order. They found that:

• FDAC had been more successful at controlling substance misuse and reuniting families than ordinary proceedings. At the time of the final court order, 39% of FDAC mothers were reunited with their children compared to 21% of mothers from the comparison group
• FDAC parents received more help, more quickly
• A higher proportion of FDAC than comparison parents had ceased misusing substances by the end of proceedings. 48% of FDAC mothers (19 out of 41) were no longer misusing substances, compared to 39% (7 out of 19) of comparison mothers. 36% of FDAC fathers (8 of 23) were no longer misusing substances, compared to none of the comparison fathers ceasing
• On average, FDAC cases took as long to conclude as cases in ordinary care proceedings. However, it did take longer for FDAC children to be reunited with their parents
• When parents were unable to control their substance misuse, FDAC made swifter decisions to find permanent alternative homes for children. It took on average seven weeks less for children in FDAC to be placed in a permanent alternative home (51 weeks compared to 58)
• FDAC’s integrated approach had the potential to reduce costs. This was not just because more children staying with their families meant local authorities saved money – costs were also reduced because there were shorter care placements, shorter court hearings and fewer contested cases. It is likely that savings would be made by the Legal Services Commission
• All but two parents said they would recommend FDAC to others in a similar situation. Parents valued the judge’s role in mediating and solving problems, and the judicial continuity because it meant that the judge knew about their case and knew them.
• All professionals and parent mentors were in favour of a wider roll-out of the model. Judicial continuity was seen as a considerable improvement on ordinary care proceedings in relation to case management and efficient use of court time. There was also less conflict and antagonism than in ordinary court proceedings.
• The capacity of the court and the team are ongoing issues. The current capacity is 30-35 cases per year. At times the team feels overstretched and there are risks of burn out.

District Judge Nick Crichton, who based the problem-solving court on a US scheme, said: “This evaluation shows that swift access to integrated support services helps parents control their substance misuse and be reunited with their children.

“Where parents are unable to address their substance misuse, FDAC’s intervention helps to secure an earlier alternative permanent home for children. All the evidence so far suggests that extending this pilot and rolling out FDAC in other areas would be in the best interests of children and families."

In a joint statement, Coram, The Tavistock & Portman NHS Foundation Trust and the London Boroughs of Camden, Islington and Westminster, said: “We are very pleased to receive independent recognition of the work of the Family Drug and Alcohol Court. This further demonstrates how, with successful multi-agency working, families can be given a greater chance to stay together and the best possible decisions can be swiftly taken for the future of the children at the heart of these cases.”

Philip Hoult