Andrew Perrigo, partner at Morecrofts and family law solicitor, looks at the new national guidance on newborn care proceedings and how it builds on the approach already taken in Cheshire and Merseyside.
Andrew Perrigo, partner at Morecrofts and family law solicitor, looks at the new national guidance on newborn care proceedings and how it builds on the approach already taken in Cheshire and Merseyside.
New national guidance has been issued to reduce the number of mothers required to attend urgent Family Court hearings within hours or days of giving birth. It addresses the difficulties parents of newborn babies face when the local authority seeks court orders at birth. Parents often had to leave their baby in hospital to attend a hearing miles away, while the mother was still receiving care after the birth.
Cheshire and Merseyside have had a similar protocol in place for four years.
Why change is needed
There will still be cases where the risks require immediate judicial consideration but the birth of a baby should not, by itself, turn a case into an emergency.
Same-day hearings are expected to be extremely rare and should only be sought where the child’s immediate safety would be compromised without the court’s intervention.
Where an emergency or short-notice hearing is sought, the local authority will have to justify with evidence why that degree of urgency is necessary. If the court is not satisfied, the case can instead receive a standard listing between days 12 and 18.
That is an important distinction as a mother who has given birth hours or days earlier may still be recovering physically, receiving medication, dealing with complications following delivery and adjusting emotionally after the birth. At the same time, she is expected to give instructions to lawyers and participate effectively in proceedings which may result in her being separated from her newborn baby.
An application made immediately after birth should not prevent parents from taking a proper part in the proceedings.
Looking beyond mum and baby
The guidance also emphasises the role of the wider family.
The new national Newborn Baby Protocol promotes early assessment, preventative help and identification of the child’s family network.
Before the birth, the local authority should explore whether the family can safely care for the baby, what support they need and whether relatives or friends could offer an alternative before removal into foster care becomes necessary.
It is important to get legal advice early if proceedings may be issued at birth. This can help parents check that the local authority has done everything expected of it under the protocol.
Care proceedings may need to begin as soon as a baby is born, but that does not always mean a court hearing is needed that day.