Research report calls for revamping of supervision orders and creation of supervision order support fund

Most parents with mental health, substance misuse and domestic abuse problems feel courts treated them with a lack of respect and understanding in care proceedings, a report published by the Department for Education has found.

The report from the Centre for Child and Family Justice Research, Supporting Families Following Care Proceedings, said this made it harder for parents to present their situation and circumstances effectively. Some parents from ethnic minorities reported a lack of cultural sensitivity.

The report by Professor Judith Harwin and Lily Golding was funded by the DfE to inform the first review of supervision orders since the introduction of the 1989 Children Act, by a sub-group of the Public Law Working Group, co-chaired by Mr Justice Michael Keehan and Prof Harwin.

It called for major changes to help families to stay together after care proceedings, including revamping the supervision order and creation of a supervision order support fund. 

Prof Harwin said parents reunited with their children via a court order following care proceedings felt there was a lack of humanity in the court process with a perception they were “just a cog in the machine, a case rather than a person”.

Parents felt that they had not received enough help before care proceedings for the domestic abuse, mental health difficulties and substance misuse that typically triggered the care proceedings, Prof Harwin said, and felt this made it very hard to present their case well and give them a realistic chance for their child to come home.

Among its findings were that most parents felt that they had not received enough help during pre-proceedings and that while judges and their legal representatives were the most helpful, social workers were the least helpful professionals during proceedings.

Mark Smulian