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Hannah Gannagé-Stewart

Deputy Editor, Solicitors Journal

New guidelines to be written for pre-birth care proceedings

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New guidelines to be written for pre-birth care proceedings

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Nuffield Family Justice Observatory (NFJO) has pledged to develop the first national, evidence-based guidelines for professionals undertaking care proceedings involving newborn babies.

Nuffield Family Justice Observatory (NFJO) has pledged to develop the first national, evidence-based guidelines for professionals undertaking care proceedings involving newborn babies.

The guidelines will be piloted in eight local authorities and health trusts during a six-month period and used in at least 30 child protection cases involving newborn babies.

In a report published yesterday (11 December 2019) NFJO revealed evidence of inconsistent practice; such as insufficient time spent on pre-birth assessments, misunderstandings of the legal framework, and failures to follow due process.

The report acknowledged the acute pain and stress felt by all parties due to such failings in pre-birth and newborn care proceedings – where babies may be removed from their mothers at birth.

The report, Born into care: guidelines to be developed for health and social work professionals, followed earlier NFJO research which revealed increasing numbers of newborn babies were being subject to care proceedings in England and Wales.

The study found that in 2007/8, care proceedings were issued in relation to 1,039 newborns (32% of all cases involving infant age under one year), however by 2016/17, this number had more than doubled to 2,447 newborns (42% of all infant cases).

In light of the issues raised by the latest research, and the limited guidance and training available for professionals at present, NFJO has committed to developing the first national, good practice guidelines for professionals in this area.

Researchers at Lancaster University and the Rees Centre at the University of Oxford, led by Professor Karen Broadhurst, will develop the guidelines over the next 18 months, working closely with health and social work professionals, as well as birth parents.

Broadhurst said: “We are delighted to be working in partnership with both professionals and family members across England and Wales to deliver this participatory project. We are also privileged to be supported by an outstanding advisory board chaired by Sally Jenkins [head of children and family services at Newport City Council] and a dedicated birth mothers’ group.”

NFJO aims for the guidelines to be adopted and developed into guidance by local authorities, health authorities, the police and the judiciary throughout England and Wales.