Hayleigh Barry, senior member of the Family Law team at Cygnet Law, marks National Sibling Day with a look at the government’s recent commitment to keeping siblings connected while in the care system.
Where are sibling relationships on the long list of professional duties arising from the making of care orders? We have all heard professionals say that sibling contact will be ‘top of the agenda’, that professionals will do their utmost and that no stone will be left unturned.
But what happens when the worst happens and a sibling group in foster care under an approved care plan are separated by developments that take place long after the ink on the care orders is dry?
A placement breakdown, challenging behaviours or emotional problems – some of which are perhaps foreseeable – can result in foster carers giving notice on one or all of a sibling group.
The result is vulnerable children facing yet another breakdown: first from their mother and/or father and then again from their sibling – the person with whom they have likely experienced the hardships and harms that led to them entering the care system, their bond made stronger because of the circumstances unique to them.
No guarantees
With a national shortage on placements, there can be no guarantees that siblings will stay together. The court and parliament entrust public bodies with the acute sensitivities of care planning in these complex and challenging situations.
But what of current legislation requiring judges to undertake a detailed analytical view of the welfare checklist of each child before coming to final conclusions on care planning approvals? This analysis requires considerations such as the ‘ascertainable wishes and feelings’ of the child and ‘the likely effect… of any change in circumstances’. Is this not enough?
Perhaps not. The court cannot gaze into a crystal ball gaze, but can only assess the evidence and range of realistic options available at the time.
More than a soundbite?
So, what of the headline: New legislation will keep siblings in care? The soundbite is good, but will the legislation have teeth? I certainly hope so: talk of local authorities being positively obligated to do all they can, for siblings and half-siblings, can only be a good thing.
In its press release announcing the legislation, the government explained: “The amendment to the Children’s Wellbeing and Schools Bill was welcomed in the House of Lords on Wednesday 25 March, following continued discussions with stakeholders and parliamentarians. Final confirmation is expected following further debate in the House of Commons after Easter.
“This change forms part of the government’s wider work to reform children’s social care and ensure that every child has the opportunity to grow up in a stable, loving environment.”
Words with meaning
It also includes some personal experiences from siblings in care, which really illustrate the true value of these lifelong family relationships.
“Chris Hoyle, who was in the care system as a child, said:
“After being initially separated, being reunited with my brother in the same foster placement changed my life. My brother is the longest relationship I have ever had, by some distance. How do you define the value of that? How do you put a price on still being in contact with the person who loved you first? I can’t.
“Jonny is a rock in my life. A 6’2 rock who supports the wrong football team. He keeps me grounded in my identity and provides a safety net that has lasted a lifetime.
“The Department for Education once called us ‘The Hoyle Brothers’. We are a package deal thanks to the bravery of senior staff who decided that sharing a bedroom was not worth losing something that cannot be bought.
“Wherever it is safe and possible, the relationships of siblings in care should be a priority. Those relationships can last a lifetime and are priceless.”
In the government’s lengthy announcement, these are the words that deliver the strongest impact.
Funding the future
The government goes on to describe the funding it is allocating to enable the measures in the legislation. It includes:
“…£10.8 million for an expansion of Regional Care Co-operatives to enable better placement planning for children in care
“The DfE is also supporting more siblings in care to stay together with ambitious plans to create 10,000 more foster care places, backed by a total investment of £88m, including £25m to expand existing foster carers’ homes so they can foster more children, including sibling groups.
“This is on top of £2.4 billion of investment in the Families First Partnership Programme to help keep families together through early intervention, a pilot for financial support for kinship carers, and reforms to support for adoptive families.”
As local authority and children’s lawyers, here at Cygnet we hope this emphasis is more than a gloss or a sheen on the current legislation. We want it to bring about real positive change for sibling groups in the care system and enhance their protection.
Time will tell whether it will achieve its goals – but as we look at our siblings on this national day created in their honour and wonder what we’d do without them, we truly hope it does.
About the author
Hayleigh Barry is a senior member of the Family Law team at Cygnet Law. She specialises in public law, with a particular focus on children matters, and is a dedicated advocate for local authorities and children. Hayleigh has built a strong and progressive legal career, gaining extensive experience in complex family law proceedings. She is an accredited member of the Children Law Panel with The Law Society, reflecting her expertise and commitment to the highest professional standards. Recently admitted to the Bar, Hayleigh has further strengthened her advocacy skills, enabling her to represent clients with confidence and clarity. Hayleigh is passionate about driving positive change within the legal system.
