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Mothers' reoccurrence at care proceedings: how can we prevent the cycle?

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It has been estimated that 1 in 4 women in England and Wales are at risk of return to court within 10 years after the initial set of proceedings. In 2015, findings from Broadhurst et al provided the first evidence presenting the repeated return of mothers to public law proceedings. Since this study, there has been no recorded improvement to parents being back in proceedings after having other children.

Since this first research was publicised there have been attempts to remedy parents returning to court. A range of preventative services have been developed for women who appear in recurrent care proceedings, to help stabilise their lifestyles and offer support for any trauma that may be the cause to their continual returns to court. This being said, there are still a limited number of these services available.

In England, 41.8% of mothers returning to court with a new child were estimated to be 14-19 years old at the birth of their first child. Broadhurst et al, found in his studies that the younger a mother is when she becomes pregnant the higher the likelihood is of her becoming subject to recurrent proceedings. There is consistent evidence, that with the right help, women are less likely to return to care proceedings. If the court grant Care and Placement Orders and the child is adopted, parents will be offered post-adoption counselling to help parents to come to terms with their child no longer being in their care.

Though counselling can help with the effects of adoption on the parents, it does not help prevent the issue reoccurring if the parent was to become pregnant again. Repeat removals are not inevitable if parents are given the right support. Pause practises have been put in place for parents to engage with and turn their life around. Unfortunately, these interventions are closing due to lack of funding and facilities, nine Pause practitioners have either closed or had their budgets cut.

Parents that have had children removed during care proceedings are not automatically going to lose future children if they choose to have them. The Local Authority issue care proceedings due to having concerns for the child’s wellbeing and being at significant risk of harm. If a parent can demonstrate that the issues are no longer standing and they have made the relevant changes, there is no reason their other children would also be subject to care proceedings.

At Johnson Astills Solicitors we have extensive experience in advising parents at all stages of involvement with the Local Authority. If you need advice regrading your child or unborn baby, you can contact us at our Leicester Office on 01162554855 or our Loughborough Office on 01509610312.