An analysis of the number of newborns and infants in the family justice system in Wales has found that between 2015 and 2018, the number of newborn babies subject to care proceedings has more than doubled to 83 cases per 10,000 births subject to proceedings before they are two weeks old.
Although the increase has been seen across all areas of Wales, around half the babies born were to mothers who have previously appeared in proceedings concerning another child.
Between 2016 and 2018, 49% of newborns, were ‘subsequent infants’, whereby the mother had already appeared in care proceedings concerning an older child.
Using data produced by Cafcass Cymru, the report, Born into Care Wales, comes after a similar report into newborn babies in care proceedings in England, Born into Care England. Showing similar rates of cases issued within four weeks of birth for both England and Wales, it has been found that it is more likely in Wales that babies enter care proceedings before two weeks of age.
The report has highlighted that, in Wales, the numbers of newborns taken into care has increased but this is a more favourable outcome than in 2012, where the more likely outcome was for newborns to be placed for adoption.
Courts in England however have less care orders at the close of care proceedings and this has remained consistent.
Lisa Harker, Director of the Nuffield Family Justice Observatory said:
“The removal of a baby into care is perhaps the most difficult decision that professionals can make to intervene in family life. This study provides an important starting point for discussions about how to ensure that more babies are able to be safely cared for by their parents and that any intervention by professionals is designed to avert potential harm.”
As care orders are a severe form of intervention by the courts, there has been the question as to whether all available options are being exercised before interference of this scale.
It also appears concerning that newborns were more likely to be subject to urgent ‘immediate care order’ hearing and that these proceedings, in the majority, are completed within 26 weeks.
Along with the concerned raised by the Public Law Working Group, led by Sir Keehan, it firmly shows the importance for pre-birth assessment and planning.
“Requests for urgent hearings may be entirely reasonable given the vulnerability of newborns but must be accompanied by adequate submissions to the courts, such that all parties have the opportunity consider and respond to presenting concerns.”
The report highlights that further research is needed to “understand the impact of shorter timescales for care proceeding on decision-making specific to newborns.”
Questions have also been raised by the report, such as why there is a prevalence of care orders at the close of proceedings and what expectations there are for parents if children are living at home with care orders in place, rather than supervision orders.
Professor Karen Broadhurst, Co-Director of the Nuffield Family Justice Observatory data partnership and Professor of Social Work and Co-Director of the Centre for Child and Family Justice Research at Lancaster University said:
“The changing pattern of legal orders for newborn babies and infants at the close of care proceedings in Wales is particularly striking. It appears that the family courts are moving away from using the full range of orders available under the Children Act 1989. Conversations with policy and practice
“Colleagues are an important next step if we are to understand these patterns and differences between England and Wales”.
