Family Assessment (Parent & Child) Service Review Outcome

1. Scope and contextBackgroundAs set out in the executive summary, this review focuses on a specific parentingassessment, which can be ordered by the court in care proceedings (section 38(6), 1989Children Act). There is no legal obligation to provide placements that undertake this typeof assessment but there is a legal duty to fund the cost of the placements.The number of these assessments has been increasing in recent years. Article 8 of theEuropean Court of Human Rights, which gives citizens the right to family life, is oftenquoted by the legal representatives of parents in care proceedings. In considering thisArticle 8, courts have been more reluctant, in recent years, to remove a baby at birth evenwhere there is history of serious concerns, or an injury to a previous child which hasresulted in the child being separated from its parents. Article 8 is also put forward as areason that a parent should be given the opportunity of a second or even thirdassessment, where the recommendation from the parenting assessment is not in theirfavour.Legal aid changes in 2007 required local authorities to pay all the costs, which hadpreviously been shared with courts and other parties. This budget increase alongsideincreased use of ‘expert’ witnesses in proceedings caused both delay and huge costpressures. In addition to these changes, there has also been an increase in the numberof care proceedings following the Baby Peter case. Somerset in line with other localauthorities is making more applications to court than ever before. A number of theseapplications will involve Section 38(6) assessments where the court requires additionalinformation before making a decision.Whilst complex and expensive, these assessments are completed on a small number ofparents, fewer than 100 in a year in Somerset. The parents have wide ranging needs,they may be young people in care, care leavers or other teenage parents. They mayhave learning disabilities or have had children removed in the past. They may have anumber of problems including substance and alcohol misuse, mental health difficulties orexperience of domestic violence. In all cases the background, lifestyle or circumstancesof the parent gives rise to serious concerns about the child’s safety.Initial comparisons with other local authorities show that Somerset courts order a largernumber of 38(6) assessments. In addition, other local authorities have built up‘community’ assessments where resources are deployed to assess parenting ability whilea family remains at home. This is an area for development, with potential to meet needand reduce costs in Somerset.Views of Service Users and StakeholdersAs part of the review there has been some consultation with both professionals andparents. This included:-a) Questionnaire to social work practitioners and managers, Court Social Workers(CAFCASS), Health colleaguesb) A legal day involving Somerset County Council legal staff, social work managers,led by an experienced childcare barristerc) An in depth evaluation of the Somerset County Council fostering scheme includinginterviews with staff and parentsFamily Assessment Service Review – Outline Business Case Page 4 of 20 vs. 2.0 15.6.12