Care proceedings and children's care 2009-2017

DOI

The project aim was 1) to examine the process of care (child protection) proceedings and the orders granted for two random samples of c 300 children subject to these proceedings before (S1) and after (S2) major legal reforms intended to streamline and shorten proceedings. The samples were selected from 6 (anonymous) local authorities, 5 in Southern England and 1 in Wales. These data are recorded in a child level SPSS database. 2) to establish children’s post court outcomes and the utility of Department for Education Administrative data for this by linking data collected above to administrative data relating to children’s social care. 3) to capture the qualitative information about the child’s progress and well-being, that is not available through the DfE data, one year (T1) and 5 years (T2) after the proceedings ended. This included information about the care plan, the reasons for any changes of plan or placement (reasons for placement changes have only been requested in the SSDA903 returns since 2015-16), family contact (birth parents, siblings, other relatives), services and support needed or supplied, the child’s physical and mental health, and behavioural and emotional wellbeing In each local authority 10 files were selected from each sample; the selection criteria were their age at the end of proceedings and the order made in proceedings. Researcher ratings were made for children’s wellbeing as explained below. Data from these files was extracted and recorded in an SPSS data base. 4) These quantitative datasets are supplemented by 1) interview data collected in 2016-17 from local authority managers and lawyers in each local authority in the Study, exploring policies and practices relating to care proceedings, care plans, assessment of carers and provision of services. 2) focus group data from focus groups in 2018 with judges who hear care proceedings. This material is in a NVivo database. 5) Quantitative data on court outcomes was supplemented by identifying any further proceedings up to November 2017 relating to the children in the Cafcass cms and e-cms databases (these data were not available for Wales).The study will identify outcomes for children of care proceedings by linking administrative data on children's services with data collected in a study of these proceedings. Linking research data about their court cases with administrative records about children's subsequent care can provide an account of outcomes for children, which will assist professionals working in the family justice system to make better decisions about children in these proceedings. Supplemented with information drawn from children's local authority social work files and interviews with professionals responsible for services, the study will demonstrate the power and limitations of administrative data in understanding outcomes of care proceedings. This innovative use of administrative data will be useful to academics and non academics, developing knowledge of the effects of contemporary policy and practice in child protection, and enabling a systemic and interactive approach to understanding care proceedings. The DfE and Cafcass are project partners supporting research access to the administrative datasets. In England and Wales, local authorities bring care proceedings in the family court to secure the protection of children where suitable arrangements cannot be made with parental agreement. The court's role is to make decisions and orders in the child's best interests, to secure justice for parents and children, and to hold the local authority to account. To achieve this it scrutinises the local authority's care plan and considers other proposals for the child's care from parents/ relatives and the child's representative (Cafcass guardian). Decisions in these cases are necessarily based on a prognosis about the child's future care but courts obtain no information about what happens to children subsequently. This is true for most of those working in the family justice system (judges, lawyers, children's guardians, expert witnesses and social workers. Following these proceedings, local authorities have the responsibility for implementing the care plan/order by looking after children subject to care orders, finding families for those subject to adoption plans and supervising or supporting supporting those cared for in their families. Administrative records are kept on each child in the care system or supported by the local authority, and these provide accounts of social care performance by local authority and over time. This study will use these data to provide an account of the care/service histories for a sample of approximately 290 children subject to care proceedings in 2009-11, collected in an earlier ESRC study of practice in 6 local authorities. Data from these proceedings provides a rich account of children's pre-care lives and the court process through which plans were scrutinised and orders made. Linking these datasets will provide a nuanced account of the impact on children's lives of the legal and social work process that are applied to them. In 2013, a new process for care proceedings (now PLO 2014) was introduced to secure case completion in 26 weeks, approximately half the time taken previously. Court powers to order assessments were controlled, making courts more reliant on information from the local authority. The study will draw a new sample of care proceedings brought by the same 6 local authorities in 2014 to compare processes, decision-making and outcomes for children after 1 year with those in the earlier data. This will establish the extent to which shorter proceedings are resulting in more timely decisions for children, different plans and orders in proceedings, and different outcomes for children one year after the final court order. Outputs will include a report, summaries for family justice professionals, articles in academic law, social work and research methods journals, and for practitioners. There will be impacts on practice in child care and protection in the family court and local authorities.

1) Court data: Data were collected on a recording schedule by trained researchers from legal department files for cases initiated during 6 months of 2009 and 9 months of 2014/15. The files contained notes of advice given by LA lawyers, minutes of legal planning meetings, the letters before proceedings (LbP), minutes of pre-proceedings meetings (PPM) etc, and court documents, including statements, assessments, directions and orders. Data were entered into a database for analysis using SPSS. Cases were sampled randomly to obtain a sample of 30-40 in each LA. 2) Administrative data: Children identifiers used in annual social care data returns were obtained from Local Authority Children’s Services based on information supplied by the researchers (DOB, gender). For children identified, the Department for Education extracted selected variables from the SSDA 903 Children Looked After and the Children in Need (CiN) databases of the National Pupil Database (NPD). The researchers derived variables combining information from court data (see 1 above), episodes in care and CiN episodes. The critical court data information were dates of s.31 application and date of end of proceedings. 3) File study: To assess various dimensions of the child’s wellbeing, the researchers used a rating scale devised by Elaine Farmer and Eleanor Lutman, for their study on working with neglected children and their families (Farmer and Lutman, 2012). Using their guidelines, we made researcher ratings of the child’s health, educational progress, educational and behavioural difficulties, peer relationships, relationships with current carers, relationships with birth parents if the child was not living with them, social skills and social interaction. There was also an ‘overall child wellbeing’ category, with ratings ‘good’, satisfactory’, ‘poor’ and ‘very poor’. This overall category was rated by the field researcher and the two investigators, independently, and an agreed rating decided. (There was in fact very little disagreement about the ratings: in only four cases did the three researchers each give a different rating, and these were easily clarified in discussion afterwards). 4) Qualitative Interviews: In each LA, qualitative in-depth interviews were conducted to explore informants’ understanding and experience of changes in care proceedings after the introduction of the PLO. All interviews were audio recorded and transcribed for analysis using NVivo11. 5) Re-applications study: Data were extracted from the Cafcass databases about any subsequent public or private law applications that the sample children were made subject to. Information was collected about the type of application, date of application, other subject children not involved in the original care proceedings, legal outcome and date of case closure.

Identifier
DOI https://doi.org/10.5255/UKDA-SN-853328
Metadata Access https://datacatalogue.cessda.eu/oai-pmh/v0/oai?verb=GetRecord&metadataPrefix=oai_ddi25&identifier=53a904f46fc39000d2814605ba7045635ffc2a61e453ddc8c6d635916b559736
Provenance
Creator Masson, J, University of Bristol
Publisher UK Data Service
Publication Year 2018
Funding Reference Economic and Social Research Council
Rights Judith Masson, University of Bristol; The UK Data Archive has granted a dissemination embargo. The embargo will end in August 2019 and the data will then be available in accordance with the access level selected.
OpenAccess true
Representation
Language English
Resource Type Numeric; Text
Discipline Jurisprudence; Law; Social and Behavioural Sciences
Spatial Coverage England and Wales; United Kingdom