Family Court Advisory Research Articles

Linkage of administrative family court care proceedings and hospital records for mothers in England: linkage accuracy and cumulative incidence of family court care proceedings after a first live birth

IntroductionLinkage of public law family court care proceedings (CP) data to all women giving birth in NHS hospitals in England allows calculation of the cumulative incidence of CP involvement for mothers with first children born. ObjectivesTo assess linkage accuracy and determine the 10-year cumulative incidence of CP after a first live birth (FLB) for population subgroups. MethodNHS England linked records for mothers in Cafcass (Children and Family Court Advisory and Support Service) involved in CP (2007-2021) to all mothers with a delivery in England using Hospital Episode Statistics (HES: 1997-21). We calculated match rates and assessed indirect evidence of potential false positive and missed links. We used survival analyses to estimate cumulative incidence of CP within 10 years overall and for five-year maternal age groups at first live birth. ResultsOf 120,937 mothers involved in CP, 6.6% (n = 8,010) were excluded due to missing postcode or date of birth, or age < 15 or > 50. Of the remaining 112,927 mothers, 92,891 (82.8%) were linked to a HES delivery record. Match rates were lowest for mothers with an ethnic minority background, older at first case, or residing in Greater London, but improved over time. Of 3,572,737 mothers with a FLB, 38,462 had CP involvement. The cumulative incidence of CP at 10 years from FLB was 1.31% (95% Confidence Interval [CI]; 1.29-1.32) overall and highest in mothers aged 15--19 years (6.79%, 95% CI: 6.69-6.89) and those living in the most deprived areas (2.47%, 95% CI: 2.43-2.51). ConclusionOne in 77 of all mothers and one in 15 aged less than 20 at first live birth were involved in CP within 10 years. Linkage error may underestimate the incidence of CP for mothers in London or with an ethnic minority background.

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

IntroductionWhen a child has suffered, or is at risk of suffering, significant harm from parents or caregivers, the local authority may issue Section 31 (s.31) Care and Supervision proceedings under the Children Act (1989). ObjectivesWe compared the healthcare use of infants less than one year old subject to s.31 proceedings in Wales (n = 1,332),to that of a comparison group of infants not subject to s.31 proceedings (n = 204,417), between January 2011 and February 2020. MethodsPopulation-based e-cohort study utilising data held in the Secure Anonymised Information Linkage (SAIL) Databank. Infants in s.31 proceedings were identified using the Children and Family Court Advisory and Support Service dataset. This was linked to demographic and healthcare datasets, to identify General Practice (GP) visits, emergency department (ED) attendances, and hospital admissions (emergency and elective); before the study end date or the child's first birthday for the comparison group, orbefore the s.31 application date.Regression analysis calculated event rate ratios [RR] and incidence rate ratios [IRR] for healthcare events, adjusting for widerdeterminants of health (e.g. perinatal factors, maternal mental health, deprivation), and investigated reasons for healthcare use. ResultsInfants in s.31 proceedings had ahigher number and incidence of healthcare events compared with the comparison group, across all healthcare settings. Differences were greatest for emergency hospital admissions (IRR = 4.03, 95% confidence interval [CI] = 3.53 - 4.59; RR = 4.60, CI = 3.90 - 5.41). "Injury and poisoning" was the main reason for emergency admissions amongst infants in s.31 proceedings. For ED presentations, emergency hospital admissions, and GP visits, there were proportionally more events for these infants across all top ten reasons for healthcare. ConclusionsFindings highlight greater healthcare utilisation for infants involved in s.31 proceedings in Wales, helping to build a better understanding of their needs and vulnerabilities.

Area‐deprivation, social care spending and the rates of children in care proceedings in local authorities in England

AbstractThis paper examined relationships between area‐level deprivation, local authorities' social care expenditure and the rates of children entering care proceedings in England using a novel data linkage of de‐identified records provided by the Children and Family Court Advisory Service (Cafcass). Using structural equation modelling, the authors found strong positive relationships between socioeconomic area deprivation and high rates of children undergoing care proceedings in England between 2015 and 2019. Preventative social care expenditure is associated with lower child rates when adjusting for deprivation. Our findings suggest that deprived and underfunded local authorities respond to an increased need by prioritizing care arrangements.

Natural language processing to identify case factors in child protection court proceedings

Social work case files hold rich detail about the lives and needs of vulnerable groups. Traditional case-reading studies to gain generalisable knowledge are resource-intensive, however, and sample sizes thereby limited. The advent of ‘big data’ technology, and vast repositories of centrally stored electronic records offer social work researchers novel alternatives, including data linkage and predictive risk modelling using administrative data. Free-text documents, however – including assessments, reports, and case chronologies – remain a largely untapped resource. This paper describes how 5000 social work court statements held by the Child and Family Court Advisory Support Service in England (Cafcass) were analysed using natural language processing (NLP) based on simple rules and mathematical principles. Thirteen factors relating to harm and risk to children involved in care proceedings in England were identified by automated computer techniques, and almost 90% agreement with professional readers achieved when the factors were clear-cut. The study represents an innovative approach for social work research on complex social problems. In conclusion, the paper discusses learning points; practical implications; future research avenues; and the technical and ethical challenges of NLP.

Born into care: Associations between area-level deprivation and the rates of children entering care proceedings in Wales

There is international concern about rising rates of children entering out-of-home care and what might be done to reduce the need for compulsory intervention in family life. Previous studies have analysed the associations with family-level variables, such as a presence ofdomestic abuse, parental mental health problems, andsubstance misuse in the parental household. Other studies have looked at multiple area-deprivation as a predictor of childhood adversity, but there is a dearth of research which disentangle the associations between the rates of children in care and different forms of deprivation. This paper sheds light the statistical associations between different area-deprivation domains and the rates of infants and older children involved in care proceedingsin local authorities in Wales, UK, between 2014 and 2019. Data on family court proceedings in Wales from the Children and Family Court Advisory and Support Service (Cafcass Cymru), held within the Secure Anonymised Information Linkage (SAIL) Databank, was linked to information on area-deprivation and incidence rates were computed. Employment deprivation, income, educational and health deprivation are associated with increased incidence rates. Environmental factors such as the physical, housing and access to services domain were not found to be statistically related to the risk of care proceedings. The paper advances knowledge about the wider policy context regarding how to improve the social wellbeing of children in local communities.

“I Had No Hope, I Had No Help at All”: Insights from a First Study of Fathers and Recurrent Care Proceedings

This article presents data from the first large-scale study of fathers involved in repeat (or recurrent) care proceedings in England. The project complements important research on mothers and recurrence. It consisted of three elements: an analysis of population-level administrative data from the Child and Family Court Advisory and Support Service (CAFCASS), a survey of fathers in pre-proceedings and care proceedings, and a qualitative longitudinal (QL) study of recurrent fathers. Here we report findings from the survey and the QL study, offering an expanded definition and description of fathers and recurrence. Elsewhere, we reported that a significant number of fathers appear in recurrent care proceedings and that the majority return with the same partner. Alongside this, there is also a notable pattern of “missing” fathers demonstrated by the proportion of lone mothers reappearing before the court. Our survey indicates a certain profile of recurrent fathers, but also that recurrent fathers are not straightforwardly a homogenous group. We report on the significance of recurrent fathers’ early lives, on the phenomenon of enduring couple relationships and on the prevalence of issues affecting parenting, such as poor mental health, substance use and domestic abuse. Insights from the QL study in particular reveal legacies of harm, loss, and a lack of emotional and relational resources in childhood, which have debilitating and far-reaching consequences. We argue the importance of understanding the vulnerabilities of recurrent fathers and of challenging certain assumptions in child welfare and family justice practices. There is much to be learnt from existing services for recurrent mothers, but also a need for bespoke or adapted services that may be more responsive to particular circumstances of recurrent fathers and couples.

Linking pre- and post-adoption records for research in anonymised form in a data safe haven: legal implications and support for a social licence.

IntroductionThe long-term health and wellbeing of adoptees is under-researched. One reason for this has been limited data accessibility regarding the adoption process, and another is a practice common in some UK jurisdictions of changing the National Health Service (NHS) number (or equivalent) at adoption, as part of creating the new identity. The SAIL Databank holds data on child and family court cases from Cafcass Cymru, together with children’s social care data, and can link these with routine health and administrative data in anonymised form. However, because the linkage key at SAIL is based on an encryption of the NHS number, working with pre- and post-adoption records for longitudinal research remains a major challenge. We set out to explore the legal implications of, and social support for, linking these records for use in anonymised form for longitudinal research.MethodsWe reviewed the main legislation and regulations governing the use of data about adoptees in England and Wales. We gauged support for a social licence in Wales by carrying out interviews with individuals who had been involved in the adoptions process, and by engaging with general public groups for their views. We drew out the main emerging themes and, in combination with the review, propose a way forward.ResultsThe legal review indicated that there are provisions in the Family Procedure Rules (England and Wales) and the General Data Protection Regulation that can be relied upon for the lawful processing of adoption data into anonymised form for research. The main points of concern about linking pre- and post-adoption records were privacy, data security, the need to limit the number of organisations involved in data sharing, and re-identification risk. The over-riding message was favourable with longitudinal research seen as strongly beneficial.ConclusionThis study has indicated that in Wales, there is no legal impediment, nor major objection from individuals involved in the adoptions process, or members of the general public, for the use of adoption data in anonymised form in a data safe haven. This includes the linkage of pre- and post-adoption records to enable novel longitudinal research to take place. The provisos were that robust safeguards must be in place, and that the research should aim to benefit adoptees and to improve policy and practice. We conclude that it is reasonable to proceed with caution to develop practical ways to link pre- and post-adoption records in a data safe haven.

Data Resource: Children and Family Court Advisory and Support Service (Cafcass) public family law administrative records in England.

IntroductionIn England, in cases of child maltreatment or neglect, the state can intervene through the family court to remove children from their family home and place them in out-of-home care. The Children and Family Court Advisory and Support Service (Cafcass) collects and maintains administrative records of all public family law cases in England. While these national records are primarily used to monitor and manage the workflow of Cafcass teams across England, researchers have re-purposed this data for analysis to understand the drivers and outcomes of public family law intervention.Data contentsThe administrative dataset is a reflection of the cases Cafcass is involved with and the extent of that involvement. The dataset contains information about the local authority that makes an application to initiate public family law proceedings, the children and families involved, and the duration and details of the case. Between 1 April 2007 and 31 March 2019, Cafcass captured information on approximately 172,100 public family law cases, involving 282,300 children, and 349,600 adults (of which 289,300 are recorded as biological parents). Amongst the information recorded are the relations between adults and children, making it possible for researchers to identify family groups. Additionally, recording practices at Cafcass have improved over time, this has increased the availability of demographic information of all those involved, as well as child’s final legal outcome.Data accessResearchers can apply to the Secure Anonymised Information Linkage databank (SAIL) for access to the Cafcass pseudonymised administrative data extract, where it is refreshed bi-annually.Keywordschildren, out of home care, family relations, family law

Understanding recurrent care proceedings: Competing risks of how mothers and fathers enter subsequent care proceedings in England

BackgroundDespite progress in understanding mothers' (re)appearances within family justice, fathers have not yet received due attention in research on recurrent care proceedings.
 Aims
 
 Compare parents' gendered risks of entering subsequent care proceedings;
 Map family relations underpinning recurrent care proceedings;
 Investigate the role of family members' life course characteristics (e.g. age, number of children) in shaping the risk of returning to court.
 
 MethodsAnalysis drew on 2007/08-2017/18 administrative records from the Child and Family Court Advisory and Support Services (Cafcass) in England. From a sample of recurrent parents (N = 24,460), a latent class analysis established profiles of who they returned with. A competing risks analysis of all parents (N = 165,550) modelled the risk of returning into each profile given index characteristics.
 ResultsOverall rate of return for mothers was 1.7 times that of fathers: 22% after 5 years, compared to 13% for fathers, and 29% and 17% after 10 years, respectively.
 Five distinct profiles of recurrent parents were established: 'recurrent family', 'recurrent couple', 're-partnered couple', 'complex recurrence', and 'lone parent'. The vast majority of fathers who entered subsequent proceedings did so as either a part of a recurrent family (41%) or recurrent couple (36%). However, these two profiles represented a much smaller proportion (25% and 19%, respectively) of all recurrent mothers, while the remainder returned with either a new partner or as a lone parent (49%), both with a new child. Complex recurrence represented a small proportion for both mothers and fathers (7% and 11%, respectively). The risk of each of these profiles is characterised by the distinct life course positions of the parent.
 ConclusionThe results underscore the value of a relational approach and understanding a parent's position within the life course in social work research towards building a fuller picture of recurrence.

Born into Care: characterising newborn babies and infants in care proceedings in England and Wales

Background/rationaleNations with advanced child protection systems place considerable emphasis on the developmental salience of infancy. However, this emphasis is not matched by any differentiated analysis of the timing of family court intervention in the lives of infants or the final legal order outcomes of these cases. This presentation shares findings from the first ever population profiling study of infants subject to care proceedings within the family justice system in England and Wales.
 AimTo estimate the proportion of all infant care proceedings cases issued within 7 days and 4 weeks of birth and describe case and infant characteristics; to calculate incidence rates over time and by local authority and family court region; to describe and compare legal order outcomes according to age.
 Methods/approachData was extracted from case management records produced by the Children and Family Court Advisory and Support Service (Cafcass) England and Wales. Records were first restructured to link infants to legal order outcome data and birth mother records. Incidence rates were calculated using ONS mid-year population estimates and annual live births. Within the SAIL Databank, Welsh infant records were linked to birth registration and community child health data to produce a fuller picture of infant characteristics in Wales.
 ResultsThe cohort we created comprised all infants recorded as subjects within care proceedings in England (2007/08-2016/17) and Wales (2011/12-2018/19). The study captured the high proportion of infant cases that are issued at/close to birth, but also marked regional and local authority variation in incidence rates.
 ConclusionHigh rates of adoption, particularly for babies born to mothers without a previous family court history, have prompted calls for new preventative solutions. The President of the Family (Court) Division in England has initiated a review of legal proceedings at birth.

The Nuffield Family Justice Observatory Data Partnership

Background
 Not enough is known about how the family justice system is working, the children and families using these services, and their wider outcomes beyond their involvement with the family court. The Nuffield Family Justice Observatory (FJO) Data Partnership, comprising a bespoke analysis platform hosted within the Secure Anonymised Information Linkage (SAIL) Databank and analytical teams at Lancaster and Swansea Universities, has been established to address this knowledge deficit.
 MethodsFamily justice data is being deposited in the SAIL Databank. Data are acquired using a standardised split-file approach, stored in an anonymised format and made available to projects as linked data using a unique encrypted project anonymised linkage field. These data can be augmented with a wealth of available health, education and other governmental/social routinely collected datasets, and future data acquired from other sources, for a range of research projects.
 ResultsChildren and Family Court Advisory and Support Service (Cafcass) Cymru data has been transferred to the SAIL Databank, and agreements to transfer the Cafcass England data are being finalised. Applications are now welcomed to use these data to enhance understanding of the family justice system and children and families involved with the family courts in public and private law. Access will be facilitated through the SAIL Databank, subject to relevant governance procedures.
 ConclusionWe will discuss the rationale of the Nuffield FJO Data Partnership, and how it aims to a) increase capacity and capability of researchers and data scientists utilising family justice and other relevant administrative datasets, b) improve understanding about the family justice system using data from the Cafcass in England and Wales, c) demonstrate the complexities and value of data linkage, and d) assist future policy and practice development. We will discuss matching rates for the Cafcass Cymru data and linkages that have been made to other datasets within the SAIL Databank. We will also set out the support available from the partnership to those wishing to access and utilise family justice data.

MyCourtroom: Rosie’s family go to court; the use of simulations in preparing social workers for court

The role of social workers in court, how they prepare, train, write and present their reports, has been the focus of much debate. Key messages from research tell us that social workers often find court work stressful; they can lack confidence in writing reports giving evidence and being cross-examined. Pre-qualification training in this area can be patchy, with many workers reporting they often learn ‘on the job.’ This article documents the journey from analysing primary and secondary research findings, via a partnership between the University of Kent Centre for Child Protection and Children and Family Court Advisory and Support Service (Cafcass), to develop a training simulation for practitioners to increase their knowledge, preparation and practice for court. The partnership turned these research findings into an interactive, immersive simulation to give practitioners the space to reflect upon and critique their experiences of court. Findings from an initial evaluation of the simulation were positive with participants highly rating its usefulness in developing courtroom skills and knowledge.

Hearing children’s voices? Including children’s perspectives on their experiences of domestic violence in welfare reports prepared for the English courts in private family law proceedings

This research examined Children and Family Court Advisory and Support Service (Cafcass) reports prepared for private family court proceedings in domestic violence cases in England. The research found that in cases where children’s accounts identified them as victims of violence, these disclosures regularly disappeared from report recommendations. Particular discourses regarding ‘child welfare’ and ‘contact’ were identified, which routinely impacted on the ways in which children’s voices were taken into account. Whilst culturally there has undoubtedly been an influential move towards including children’s perspectives in decision-making that affects them, how these views are interpreted and represented is subject to adult ‘gate-keeping’ and powerful cultural and professional ideologies regarding ‘child welfare’ and ‘post-separation family relationships’. This research found that the unrelenting influence of deeply embedded beliefs regarding the preservation or promotion of relationships with fathers continues to have the effect of marginalising issues of safeguarding, including children’s voiced experiences of violence, in all but the most exceptional of cases. Rather, safeguarding concerns in respect of domestic violence and child abuse were persistently overshadowed by a dominant presumption of the overall benefits of contact with fathers.

On the case with the Cafcass Intake Team

The creation of an “intake team” by the Children and Family Court Advisory and Support Service has improved the speed and accuracy of information sent to courts. Charlotte Goddard spent a day with them

The changing profile of surrogacy in the UK – Implications for national and international policy and practice

Since 2007, the numbers of UK Parental Orders granted following surrogacy have markedly increased. More recently, eligibility criteria have been extended to unmarried heterosexual couples and same-sex couples rather than only married couples. Numbers seeking fertility treatments, including through surrogates, outside their country of residence have also increased. This paper presents the limited data currently available – from UK General Register Offices, Child and Family Court Advisory and Support Service for England and the UK surrogacy agencies: COTS, Surrogacy UK, British Surrogacy Centre – to consider potential reasons for the increase and to consider policy and practice implications. It charts the apparent decline in involvement of surrogacy agencies and suggests the potential for exploitation where scrutiny of arrangements and follow up are limited. It recommends improvements to data collection and argues the need for a more integrated approach to review of surrogacy arrangements both nationally and internationally.

Completing the surrogate motherhood process: Parental order reporters’ attitudes towards surrogacy arrangements, role ambiguity and role conflict

This study investigated the attitudes of parental order reporters (PORs) towards their work with surrogacy arrangements and their experiences of role conflict and role ambiguity. A questionnaire was used to assess PORs’ perceptions of their role in parental order [PO] applications, attitudes towards surrogacy arrangements and the legal process and the influence of role ambiguity or conflict. Questionnaires were distributed to all PORs employed by the Children and Family Court Advisory and Support Service in England. Thirty-three PORs participated (response rate 46%) who, on average, had each completed five PO applications (range 1–40). Positive attitudes towards surrogacy and the child’s needs for openness about origins were found. Concerns about the inadequacy of preparation and assessment arrangements, overseas arrangements and non-regulation of surrogacy agencies were evident. PORs with high-role ambiguity were more likely to report less positive attitudes towards the emotional consequence of surrogacy on offspring. High scores on role ambiguity and role conflict were reflected in less positive attitudes towards the parties’ preparation towards parenthood. These results have implications for training, policy and practice in this area.

Your shout too! Children's views of the arrangements made and services provided when courts adjudicate in private law disputes

Government reports and research studies from several countries, going back over several years, have highlighted the harm suffered by children caught up in their parents' conflict about where they should live and who they should see. This article adds to the still-small body of research presenting children's views about the sources of support available to them around the time of court hearings and subsequently. A questionnaire was sent, via the Children and Family Court Advisory and Support Service (Cafcass) and through their resident parent, to the majority of children in England aged 10 or over about whom a court welfare report had been written during a six-month period. Responses were received from 141 children and demographic data are provided on these respondents. More of the respondents expressed broad satisfaction with their residence arrangements than was the case for contact arrangements. Whilst more than half of the respondents were broadly satisfied with the services they had received, others evidenced very real causes for complaint. Others valued the service provided but considered it to be ‘too little, too late’. For an important minority, the complexity of their situations and the deep-seated problems of one or both parents made it very difficult for even the most skilled and sensitive professionals to arrive at a conclusion that met the child's needs and accorded with their wishes. The findings support those from studies focusing on the views of parents as well as children, which show that, whilst a skilled court welfare service continues to be essential for a minority of the most vulnerable children trapped in these conflictual situations, it is essential that such children be considered as ‘children in need’ who can benefit from the family support services available to all vulnerable children.

Judging the Children Act 1989: courts and the administration of family justice

Focusing on those aspects of the Children Act 1989 which relate to the family justice system, this article outlines the development over the last 20 years of the family courts and the court welfare system (now CAFCASS ‐ Children and Family Court Advisory and Support Service), and the operation of two provisions: section 1(5) the ‘no order’ principle and section1(2) the avoidance of delay. Neither of these provisions have delivered what they promised and further procedural change through the Public Law Outline and the Private Law Programme have been introduced to divert cases from proceedings and reduce delay. The foundations for a family court set down in the Act appear at last to be being developed. However, the recently announced Family Justice Review means that the role and function of family courts is again uncertain.

Identity crisis in the family courts? Different approaches in England and Wales and Australia

The question of whether family courts are primarily a legal or a social welfare institution has persisted in the history of the court welfare service in England and Wales. The role originated in the probation service and is now undertaken by Cafcass (Children and Family Court Advisory and Support Service). Although this social work contribution to settling parental disputes has been welcomed by the courts, there has been a continuous tension between the legal and social welfare functions of the family justice system. Cafcass has recently attempted to reformulate this by diverting most cases away from formal hearings into a conflict resolution process. However, this new model raises questions of legitimacy, and has not yet been accepted by lawyers or the public. A comparison with the history of Australian courts shows a similar pattern of conflict. After a long struggle, recent reforms in Australia may have achieved a workable consensus that prioritises non-legal resolution processes over adjudication. If this new approach is successful, it will be worth considering a similar solution in England and Wales, and a radical break from the past.

Four young people speak about children’s involvement in family court matters

The practice section in this issue of JFS presents speeches by four young people, recently delivered to a large audience of judges, lawyers and mental health practitioners in northern England, at the launch of a new initiative by Cafcass, called Children First. Cafcass (short for Children and Family Court Advisory Support Service) was established in the United Kingdom in 2001, as an independent authority, and its functions range across family court, Guardian ad Litem and child protection matters. Its goals are:to safeguard and promote the welfare of children;to give advice to the family courts;to make provision for children to be represented; andto provide information, advice and support to children and their families.