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Care Proceedings:
Where Your Evidence Fits
In The Broader Picture
by
Lucy Clayton
and
Sarah Jennings
Pre-proceedings
• Why would Children’s Services become involved?
–Previous children/involvement;
–Concerns re: neglect;
–Incident;
• Pre-proceedings work:
–Assessments;
–Monitoring;
–Attempting Intervention
Pre-proceedings
“Where consistent with children’s welfare,
local authorities should promote the
upbringing of the child by their families.
Where concerns do arise and are identified by
a local authority, the local authority is under
a duty to act”
“Court Orders and Pre-proceedings: For Local Authorities”, April 2014, Department for
Education
Public Law Outline – 26 weeks
• "A comparatively small number of exceptional
cases apart, we can and must meet the 26 week
limit”
• “And remember, 26 weeks is a deadline, not a
target; it is a maximum, not an average or a mean.
So many cases will need to be finished in less than
26 weeks.”
•
Sir James Munby (President of the Family Division).
Pre-proceedings
• Assessments of family members;
• Pre-proceedings involvement feeds in to
proceedings so important to keep accurate notes
etc;
• Removal/family placement pre-proceedings –
section 20 agreement;
• In an emergency and in absence of section 20
agreement proceedings are issued without preproceedings work.
Starting Proceedings
The LA may seek the following orders:
a) Supervision Order;
b) Care Order:
• Long-term Foster Care;
• Placement Order – Adoption;
c) Interim Supervision/Care Order
Legal Test - Threshold
A court may only make a care order or
supervision order if it is satisfied—
a)that the child concerned is suffering, or is
likely to suffer, significant harm; and
Legal Test - Threshold
b) that the harm, or likelihood of harm, is
attributable to —
i.
the care given to the child, or likely to be
given to him if the order were not made, not
being what it would be reasonable to expect
a parent to give to him; or
ii. the child’s being beyond parental control.
Threshold Document:
Midwife
• Mother failed to notify professionals of her
pregnancy until she was 6 months pregnant;
• Mother did not engage with midwifery services,
attending only 2 out of 12 available sessions
(midwives);
• Mother continued to use illicit drugs and alcohol
during pregnancy;
Threshold Document:
Health Visitor
• Mother failed to provide consistent stimulation
and emotional warmth;
• Mother failed to provide a safe and clean home
environment;
• Mother has not consistently met baby’s basic care
needs (feeding and nappy changing);
Threshold Document:
School Nurses
• Mother failed to consistently treat the Child’s
headlice;
• Children regularly came to school unkempt and in
dirty clothing;
• On 23rd May 2014 Child reported to school nurse
that Mother’s boyfriend had tried to rape her;
General Principles Within
The Children Act 1989
o Child’s welfare is the paramount consideration;
oAny delay is likely to prejudice the welfare of that
child;
oNo order principle;
oChildren are best cared for within their birth family
Why do we need you?
• Greater reliance on documented fact;
• Professional view on what would be reasonable for
parents to be doing;
• Factual and historic evidence;
• Reports from the frontline;
– incidents, conversations, observations;
• Report on level and type of support that has been
offered to the parents in the past and how they have
responded to it.
Types of hearing
• Interim Removal Stage;
– When the court is deciding whether they consider the risk a
child is exposed to is such that immediate removal from the
parent/s is necessary.
• Residential Assessment Stage (s38(6))
– Where the court is considering whether or not further
assessment of a parent within a controlled setting is
appropriate to help determine the issues in the case.
• Final Hearing Stage;
– When the court is considering whether or not to make a final
order.
Records and Reports:
What are we looking for?
Part 2: Your records and Reports
What are we looking for?
• The threshold test - recap
• Interpreting your records and what we use
them for
– Midwife
– Health visitor
– School nurse
• Your reports and what we need to know
• What do we want
The Threshold Test
REMEMBER:
A court may only make a care order or supervision order if it
is satisfied—
a) that the child concerned is suffering, or is likely to suffer,
significant harm; and
b) that the harm, or likelihood of harm, is attributable to —
i. the care given to the child, or likely to be given to him
if the order were not made, not being what it would
be reasonable to expect a parent to give to him; or
ii. the child’s being beyond parental control.
Midwife Records
WHAT ARE WE LOOKING FOR?
–When were professionals notified of pregnancy?
• At what stage in her pregnancy did M have first contact with midwifery services?
• Who made the referral to midwifery services?
• Under what circumstances was contact made?
Example of how this would feature in a threshold document:
“Mother failed to notify professionals of her pregnancy until she was 6 months pregnant”
–How well did Mother engage with midwifery services?
• Did she miss crucial scans and appointments?
• Was she constantly late?
• Was she hostile or excessively defensive?
Example of how this would feature in a threshold document:
“Mother did not engage with midwifery services attending only 2 out of 12 available
sessions”
– Was there any concern about on-going drug or alcohol use throughout
pregnancy?
• Did M attend appointments smelling of alcohol or behaving oddly?
– Was there any concern about domestic violence?
• Was a disclosure made in M’s answers to her pre-natal questionnaire?
• On examination were there any odd marks or bruises and if so how did M explain these?
• Did F attend appointments with M? Was there anything significant about the way in
which they interacted?
-
Did you make any home calls?
- If so what were your observations of the home environment?
- How did others in the home behave throughout your visit?
-
Were there any difficulties with meeting basic care needs observed?
How did baby present?
Health Visitor Records
WHAT ARE WE LOOKING FOR?
–What is the home environment like?
• Is it clean and tidy? Is it appropriately furnished?
• Are there any obvious hazards or causes for concern?
• Are there sufficient toys?
• What is the mood in the home like – are there other children present? Are they
interacting appropriately? is it chaotic?
Example of how this would feature in a threshold document:
“Mother failed to provide a safe and clean home environment”
–What is M and F’s interaction with the child like?
• Is behaviour appropriate
• Are they engaging and interested?
• Are they exhibiting signs of emotional and tactile affection?
Example of how this would feature in a threshold document:
“Mother failed to provide consistent stimulation and emotional warmth”
– How are M and F coping with meeting the child’s needs?
• How does the child present?
• What is their diet like?
• How are the parents responding to advice?
Example of how this would feature in a threshold document:
“Mother has not consistently met baby’s basic care needs (feeding and nappy changing)”
• Are there any injuries or ailments that may give rise to concern? Eg. Chronic nappy
rash, lots of bruising etc.
• Who was there and how did they behave?
• Observations of any unusual behaviours
or undertones of tension or hostility
School Nurse Records
WHAT ARE WE LOOKING FOR?
–How many visits have you had with a child and why?
• Is there a chronic problem that isn't being addressed?
• Have you made contact with the family? Are there any obvious hazards or
causes for concern?
Example of how this would feature in a threshold document:
“Mother failed to consistently treat the child’s headlice”
–How does the child present?
• Is he/she dirty or unkempt
• What state is their uniform/shoes/clothing in?
• Example of how this would feature in a threshold document:
“The children regularly came to school unkempt and in dirty clothing”
–Have any disclosures been made?
• Has the child confided in you about problems at home?
• How did you respond to this?
Example of how this would feature in a threshold document:
“On 23rd May 2014, the child made a disclosure to the school nurse that
M’s partner had tried to rape her”
Your Records
DO
DONT
• Write clearly and legibly
• Use subtext
• Make sure you record dates
and times
• Use non-medical shorthand
•
•
keep your eyes open and
WRITE it down
Use asterisks if it can be
avoided*
*and if it can’t be make sure the connecting
sentence isn't on a different page!
Your Reports
DO
• Support conclusions with
fact
• Elaborate on notes with
reference to normal
expectations
DONT
• Assume too much
• Use medical shorthand
without providing an
explanation
• Give evidence of anything
you don’t have direct
knowledge of
• Make ambiguous floating
comments
Giving Evidence
Part 3: Court
• Introduction
• Court Etiquette
• Giving Evidence
– Examination in chief
– Cross Examination
• Tips
Introduction
– Parties to proceedings and their representatives
Who
Title on paperwork
Representative in
court
Local Authority
Applicant
Barrister or solicitor
advocate
Mum / Dad
Respondent
Barrister or solicitor
advocate
Child (by their
Guardian)
Respondent
Barrister or solicitor
advocate
Court Etiquette
•
•
•
•
•
Wear comfortable but smart clothing to court
Be prepared not to be included in pre-hearing discussions
When the Judge enters and leaves the room stand up
Who they are
What you call them
Lay Judges (x3)
Singularly – Sir or Madam
Collectively – Your worships
District Judge
Sir or Madam
Circuit Judge
Your Honour
High Court Judge
My Lord, or Your Lordship (m)
My Lady, or Your Ladyship (f)
Never interrupt anyone when they are speaking
If the court adjourns whilst you are still giving evidence do not speak with
anyone about the case or your evidence.
REMEMBER TO…
–
–
–
–
–
Read our cues
Answer the question you are asked specifically
If you don’t understand something, say so
Think about the question before you answer it
Don’t use words or phrases you don’t
understand
– Don’t worry about patronising us
– Don’t be too defensive
Giving Evidence:
The Basic Outline
•Evidence in Chief
•Cross Examination
•Discussion
The Smith Family
•
Family known to Children’s Services since 2012
•
2013
– Concerns re: neglect
– Emma makes disclosure of physical violence
against F
– Parents separate
– F has Supervised contact
•
Children registered under category of neglect
– Children grubby
– Hungry
– Home conditions poor – minimal furniture
– Poor school attendance
– Concerns about M’s understanding and ability
to parent
DRAMATIS PERSONAE
Mum: Samantha Smith
Dad: Donald Smith
C1: Jack Smith (7 years old)
C2: Sally Smith (5 years old)
C3: Emma Smith (4 years old)
C4: Billie Smith (15 months old)
– Health Visitor (Ms Clayton) has written a report
for the Core Group Meeting that is relied on by
the Local Authority
The Parker
Family
DRAMATIS PERSONAE
M: Tricia Parker
F: David Bailey
C1: Jade Parker
C2: Louise Parker
•
•
•
•
•
•
•
•
M is 17 years old and has been in foster care via section
20 agreement since she was 13 years old
MGM is an alcoholic and there was concern M had
been sexually abused by M’s partner
Jade was born when M was 15 years old
She was made subject to an ICO due to concerns about
domestic violence, M’s inability to meet her basic
needs and prioritise her.
Jade was returned to M’s care following her separation
from F and a successful (solo) residential assessment
Shortly after getting Jade back, M discovered she was
pregnant
She went missing with Jade – returned 7 months
pregnant
Louise was born 2 months ago – the local authority
have immediately become involved.
The Jones Family
DRAMATIS PERSONAE
M: Caroline Jones
F: Mark Jones
C1: Jennifer Jones
•
•
•
•
•
•
•
•
Caroline is 33
First baby
Historic depression and anxiety – previous
suicide attempt
Engaging with midwifery services and mental
health services
Some concern about volatility of mood and
ability to provide consistent care
HV is conducting weekly visits because she is
vulnerable – baby is now 2/3 months old
M disappears – doesn’t engage apart from 1 visit
where exhibits erratic behaviour
Health visitors haven’t seen M in 6 months –and
are asked to report on her MH.
Questions
Lucy Clayton, Barrister