12.11.2009: Changes to care proceedings following the death of Baby P

At The conclusion of the high profile criminal case into the murder of Baby Peter, Care Applications rose significantly. There has been a sharp rise in intervention threshold by Local Authority’s.

 

The figure of Local Authority Applications in March 2009 shows an increase of almost 40% when compared to March 2008.

In the preparation of his progress report on how effectively Children are being safeguarded, Lord Laming, liaised closely with CAFCASS to fully investigate procedures utilised by Local Authorities.

 

Submissions made by CAFCASS on how to improve safeguarding of Children included:-

• Improving the Assessment skills of Social Workers;

 

• Improving support to Children who witness or are at risk from domestic violence and parental drug and/or alcohol misuse;

• Assessing adults and reviewing the impact of the adults behaviour on their capacity to parent effectively;

 

• Providing clear guidance on Local Authority’s thresholds of intervention;

• Providing ongoing training to Social Workers in an attempt to boost public confidence and reduce the number of Social Workers leaving their positions;

 

• The introduction of a Statutory Duty upon Police to ensure information in relation to relevant adults involved in Private Law Proceedings is disclosed promptly.

 

The obvious cause for the rise in Applications made by Local Authority’s to protect Children was the negative publicity following the death of Baby Peter.

However, there are other issues surrounding this area, which may further account for the increase in Care Order Applications.

 

The Public Law Outline (“PLO”) came into force in England and Wales on 1st April 2008. The Outline placed greater emphasis on the work carried out by Local Authority’s before they can commence Care Proceedings. This has led, in many instances, to Local Authority’s delaying their making of Care Order Applications, whilst cases are prepared in compliance with the PLO. There was a sharp decline in Applications, following the introduction of the PLO. The delay encountered therefore, may help to explain the increase of Applications now being made.

 

Further, the introduction of the Family Proceedings Fees Order means that the fee payable by a Local Authority in issuing an Application to the Court to protect a Child at risk from abuse increased significantly from £150.00 to £4,825.00 (A 3000% increase). 

 

It was reported that delays were incurred in transferring funding from HMCS budget to the Local Authority’s to enable them to pay the increased fees. Further, it was reported that the amount of funding provided was insufficient for the demand needed to be met.

 

It remains to be seen whether the number of Care Order Applications continue to rise or whether they will even out. If the number of Care Order Applications reduce, this would support the argument that the new fee regime has introduced a real risk to vulnerable Children being harmed as Local Authority’s could possibly be forced to make financial considerations before taking any action.

 

Matters are further impacted by the fact that Social Workers are struggling to cope due to the number of vacant positions, the increase in workloads and the fact that often inexperienced staff are left to deal with matters that are out of their areas of expertise.  In response to the difficulties being encountered, UNISON has proposed various reforms to the Child Protection System. This includes  a review of the decision on Court fee levels and of Cafcass’s funding and their capacity to ensure that resource constraints are not influencing the commencement of action by Local Authority’s. Further, a planned programme of investment in Children and Family Social Work has been proposed.

 

Lord Laming, has recommended that a National Safeguarding Delivery Unit be established to ensure implementation of recommended changes needed. The Chief Executive of Barnados has stated that he would welcome such a Unit being established.

It therefore remains to be seen what implementations and reforms will be introduced to ensure that Children are safe and to avoid further tragedy’s, as in the case of Baby P occurring in the future.

 

Article written by Lindsey Huxley, Solicitor and family law draftsman at Law Costing Ltd