New ‘Born into Care’ guidelines call for expert legal advice to be accessible for parents pre-birth and at first hearing
The Nuffield Family Justice Observatory (Nuffield FJO) has published a set of guidelines to help improve practice when the state intervenes to safeguard an unborn or newborn baby.
The guidelines, Born into Care: Best practice guidelines and other resources, are intended to inform best practice during three different stages: pre-birth (conception to labour); within maternity settings and the first court hearing; and when parents leave hospital and return home without their baby.
One piece of guidance informs professionals to support parents to access “robust, comprehensive and expert legal advice”, during pre-birth, and to continue this independent legal support, including “advice and representation to enable parents to participate fairly” at the first hearing.
The guidance also suggests there is a “planned and proportionate” approach to the timing of the first hearing (notice), taking account of parents’ ability to participate.
It also suggests an “inclusive approach” is taken to family and friends regarding legal proceedings and decision making, and that mothers should receive support to attend court, including transport, and are “offered the alternative of inclusive arrangements for a private and supported remote hearing”.
Nuffield FJO said the guidelines have been published against a backdrop of a rising number of newborn babies being subject to care proceedings in England and Wales.
The latest ‘Born into Care’ data shows that the number of newborn babies in care proceedings in England increased by 20% between 2012/13 and 2019/20, rising from 2,425 to 2,914. In Wales, numbers increased by 40% over the same period, rising from 145 to 203, according to Nuffield FJO.
The organisation said the key principles of the guidance include:
- a specialist focus on the vulnerable unborn child and parents;
- a specialist understanding of the impact of trauma;
- timeliness and planning;
- alignment of processes and services;
- continuity of care;
- father-, co-parent- and wider family-and-friend-inclusive practice;
- partnership and collaborative working;
- support that is tailored to the identified needs of parents and is responsive to professionals’ concerns;
- resources that are adequate, available and fit for the needs identified;
- sensitivity and respect;
- transparency and choice;
- structural competence (awareness of the social, political, economic and environmental factors that shape individual and family health, well-being and life chances).
Nuffield FJO said that the intention was for local authorities, health trusts and other partner organisations to “adapt the statements to their own local contexts”, and use them “as a basis for developing local area action plans and guidelines”, alongside national guidance.
Lisa Harker, director of Nuffield FJO, said: "Parents of an unborn or newborn baby facing safeguarding concerns will understandably be fearful and highly anxious. These feelings can be exacerbated by past traumas and, in some cases, previous involvement with children’s social care. Parents need to be supported in a timely, compassionate and humane way, with collaboration at the heart of the approach. The guidelines support practical improvements that can be made and encourage consistency. We hope they will help professionals to be more equipped to deal with the challenging work they do, and that the needs of families who find themselves in these situations can be better met."
Claire Mason, research fellow at the Centre for Child and Family Justice Research at Lancaster University, co-authored the guidelines and was the lead researcher for the project. She said: “From the research study that underpins the guidelines, we know there is general agreement among practitioners and parents with lived experience about what constitutes best practice. However, there are numerous challenges – from discontinuities, delays and resource constraints to shortfalls in family-inclusive practice, insufficient professional specialism and challenges to inter-agency collaboration. The guidelines aim to support practice in what are difficult and emotionally and ethically challenging circumstances.”
Lottie Winson
