Courts, care proceedings and outcomes uncertainty: The challenges of achieving and assessing “good outcomes” for children after child protection proceedings

Abstract

The professed aim of any social welfare or legal intervention in family life is often to bring about "better outcomes for the children." But there is considerable ambiguity about "outcomes," and the term is far too often used in far too simplistic a way. This paper draws on empirical research into the outcomes of care proceedings for a randomly selected sample of 616 children in England and Wales, about half starting proceedings in 2009-2010 and the others in 2014-2015. The paper considers the challenges of achieving and assessing "good outcomes" for the children. Outcomes are complex and fluid for all children, whatever the court order. One has to assess the progress of the children in the light of their individual needs and in the context of "normal" child development, and in terms of the legal provisions and policy expectations. A core paradox is that some of the most uncertain outcomes are for children who remain with or return to their parents; yet law and policy require that first consideration is given to this option. Greater transparency about the uncertainty of outcomes is a necessary step towards better understanding the risks and potential benefits of care proceedings. KEYWORDS children in care system, courts, family reunification, kinship care, outcomes in child welfare intervention

Professional Practice in Child Protection and the Child's Right to Participate

“…In this chapter, a child in need is defined as a child whose wellbeing is threatened or where suspicion has arisen concerning possible neglect, abuse, or other violation of a child's rights to safety and protection . Child protection assessments require accuracy and comprehensiveness when evaluating risks and protective factors and the need for services in order to support the well-being of the child (Dickens et al, 2019). In this regard, understanding a child's life, experiences, and needs is crucial and cannot be done without hearing the child (van Bijleveld et al, 2019).…”

Health service use of infants involved in family justice care and supervision proceedings in Wales: a data linkage study

“…There is also a need to understand more about outcomes following care proceedings, including understanding links between outcomes of court proceedings (different court orders and placement types) and children's progress and health [46,47]. It is also valuable to understand the length of time the case is open, and frequency of re-entering proceedings.…”

The role of family coercion, culture, expert witnesses and best practice in securing forced marriage convictions

“…Support services must also become more attuned to FM dynamics in order to adequate assess and address risk factors. There is a general reluctance in children's services to use care proceedings for older children (Dickens, Masson, Garside, Young, Bader, 2019); since most victims in FM cases are over sixteen, this approach needs to change for those at potential risk of this and related crimes (removed for review). There is also an assumption that many young people leave their family home when they try to escape abuse.…”