Care Proceedings:Where Your Evidence Fits

In The Broader Pictureby

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 pre-proceedings 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;

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

General Principles Within The Children Act 1989

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 RecordsWHAT 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 RecordsWHAT 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

• Write clearly and legibly

• Make sure you record dates and times

• keep your eyes open and WRITE it down

DONT

• Use subtext

• Use non-medical shorthand

• 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

• 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.

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)

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

– Health Visitor (Ms Clayton) has written a report for the Core Group Meeting that is relied on by the Local Authority

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)

The Parker Family • 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.

DRAMATIS PERSONAE

M: Tricia Parker

F: David Bailey

C1: Jade Parker

C2: Louise Parker

The Jones Family• 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.

DRAMATIS PERSONAE

M: Caroline Jones

F: Mark Jones

C1: Jennifer Jones

QuestionsLucy Clayton, Barrister