2021 was another challenging year for all involved in the Family Justice system and those charged with trying to achieve best outcomes for children.
2021 saw:
- Further periods of lockdown/social restrictions, the closure of schools, loss or limitation of agency support and the corresponding negative impact of this upon children (their educational, social and emotional welfare) and their families.
- Further delays in the disposal of both public and private law applications and corresponding delays to permanence being achieved for children. By December, it was being reported that the average time for a care/supervision case to reach first disposal was 45 weeks in July to September 2021, up 4 weeks from the same quarter in 2020. Only 24 per cent of cases were disposed of within 26 weeks.
- Increases in the numbers of Looked After children. By December it was reported that the number of CLA by local authorities in England rose to its highest level at 80,850, up 1% on last year and continuing the rise seen in recent years.
- There were continuing difficulties in placing extremely vulnerable children in suitable placements (particularly adolescents with mental health difficulties or entrenched in CCE/CSE). In such absences, Air B’n’Bs, holiday parks and caravans became remedies of last resort. The plights of such children became routinely reported by the judiciary and in the media.
- In December 2021 the nation learnt of and was appropriately shocked and saddened by the deaths of Arthur Labinjo-Hughes and Star Hobson. These shone a public light on the unprecedented level of challenge faced by those responsible for safeguarding children and the defects in the current system.
So 2022 can only be better, right? You could be forgiven for lacking optimism – after all, these are not new problems… the overwhelming demands on the Family Court were well documented even before the Covid pandemic began in 2020 and we need only think back to Victoria Climbie, Baby P, Khyra Ishaq and Daniel Pelka to see that child deaths and their subsequent reviews have not precluded repetition.
However, there is hope… The judiciary and court users continue to use their best endeavours to achieve prompt disposal through:-
- Initiatives to divert both public and private law cases away from the Family Court including by encouraging early intervention & the use of pre-proceedings/voluntary accommodation (as per the PLWG’s March 2021 Recommendations to achieve best practice in the child protection and family justice systems) and the endorsement of alternative forms of dispute resolution (National Family Mediation voucher scheme and the launch of the family hub pilots);
- The adoption of amended/refined working practices (as per the recommendations of the PLWG in March 2021 and the President’s recent guidance on short form orders and statements); and
- The continued embracement of technology (remote hearings, e-bundles and the online case management portal).
- In Re G, Mr Justice Cobb’s judgment identified that “The Department for Education is currently working to support Local Authorities in England in fulfilling their statutory duties, including expanding and refurbishing secure provision available in England through a £24 million capital programme for this financial year. The department is working with others across Government to also consider the needs and characteristics of young people across the estate and how provision can better meet their needs”.
- An Independent Review of Children’s Social Care was announced in January 2021 and began in March. The review aims to look “afresh at children’s social care through the perspective of children and families during their interactions with children’s social care, from having a social worker knock on the door, through to children being in care and then leaving care”. The review hopes to “set out a plan for a future system that can better guarantee love, safety and stability for children growing up in England”. Its interim ‘Case for Change’ report was published in June 2021 and its final report and recommendations are due in spring 2022.
- In October 2021, the government announced a £500m package to support parents and children to fund a network of “family hubs” in England. The funding includes £200m to support 300,000 families who face complex issues that could lead to family breakdown; £82m will be given to 75 local authorities to fund the new family hubs; £100m will go towards mental health support for expectant parents; and £50m will be spent on breastfeeding support.
- In December a national review was announced by the Department for Education into “the circumstances leading up to murder of Arthur Labinjo-Hughes… to determine what improvements are needed by the agencies that came into contact with him in the months before he died”.
It remains to be seen whether some or any of the initiatives set out above contribute to the delivery of a system that serves those who need it to most.
No doubt it will take time for those initiatives to be discussed, planned, implemented and bear fruit so let’s hope that those steps are taken in good enough time for the children who are currently in the system to have a better 2022.
Our panel of Independent Social Workers & Parenting Practitioners will continue to play their part in achieving best outcomes for children in 2022 by supporting families and producing comprehensive assessments in a timely manner thereby reducing additional delays for children and their families.
