Ministry of Justice
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Improving child care proceedings
New processes to put the welfare of children at the heart of care proceedings take effect today.
The Public Law Outline introduces simpler and more streamlined court procedures and promotes the earlier identification of key issues in the process including;
* Setting court timetables focused on the needs to the
child;
* Ensuring local authorities are better and more fully
prepared before making applications to the courts;
* Cutting
the current six stages of the court process to four;
The Public Law Outline, an initiative led by the Judiciary of England and Wales, also aims to promote better co-operation between all parties involved in care and supervision cases.
Speaking at the launch of the Public Law Outline, family justice minister Bridget Prentice said;
"Children and families involved in care proceedings are among the most vulnerable in society. We should try and prevent children from having to be removed by the courts from their parents' care. It should be a last resort after all other options have been explored, such as care from grandparents or other family members.
"But where a child is suffering abuse or neglect, court intervention may be the right option. Improving the care proceedings process in the courts and reducing delays will go a considerable way to better meet the needs of these children."
Children's minister Kevin Brennan said:
"If we are to achieve our vision of making this the best country in the world to grow up, we need to focus our attention on the most vulnerable and disadvantaged children in our society. Children in care have been marginalised for too long and allowed to fail. Our Children and Young Person's Bill will ensure that family and friends care is always the first option for these children. But when children do have to come into care we want to make sure they are well looked after, which is why we have just issued new guidance to local authorities."
The Public Law Outline procedures are supported by revised statutory guidance for local authorities to assist them in preparing care applications to the court produced by the Department for Children, Schools and Families and the Welsh Assembly Government. That guidance places a strong emphasis on close communications with families and on exploring options for children to be supported and cared for by their wider families while making clear that timely action should always be taken through the courts to safeguard children when necessary.
The development of these reforms reflect the joined-up approach that has been taken covering the full process of bringing before the family courts those children who are believed by local authorities to have suffered, or to be likely to suffer, abuse and neglect.
The government is implementing key reforms to the child care proceedings system in England and Wales, following a review of the system completed in 2006. The reforms will improve the system and provide better outcomes for children while ensuring that resources are used in a timely and effective way.
Notes for Editors
1. The Public Law Outline will replace the existing Protocol for Judicial Case Management in Public Law Children Act Cases from 1 April 2008. It is available from http://www.justice.gov.uk/guidance/careproceedings.htm
2. The Department for Children, Schools and Families has published revised statutory guidance (Volume 1 'Court Orders' of the Children Act 1989 Guidance) to help local authorities prepare and commence care proceedings. The Welsh Assembly is publishing its own version of the guidance for Welsh local authorities. The guidance will come into force in both England and Wales in April 2008.
