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Judge hails "vital" role of Family Drug and Alcohol Court after making supervision order

A Family Court judge has made a supervision order for a period of 12 months in order for a baby boy to remain in the care of his parents, in light of the progress they have made through participation in the Family Drug and Alcohol Court (FDAC) programme.

In his ruling, District Judge Tait said the case concerned an eight-month old boy, C.

Both of C’s parents have a long history of substance misuse. C could not leave hospital immediately and is reported to have suffered with the impact of his mother's drug use during pregnancy for the first six weeks of his life.

The applicant local authority issued care proceedings shortly after C’s birth. It sought, and District Judge Tait made, an interim care order, authorising his separation from the parents into a foster placement.

The "Turn Around for Children Service" (TACS) subsequently identified some hope for change with the parents and recommended their acceptance into the FDAC programme the following month.

“It has to be said that the parents, much to the delight of all concerned, have not looked back since”, said the judge.

He noted that the parents benefited from a “comprehensive package of support and service” in respect of their substance misuse, their mental health needs, the safety of their relationship with each other and their parenting of C.

Both parents successfully achieved abstinence from non-prescription drugs in this time.

District Judge Tait extended the proceedings to enable the parents to receive further support and assessment in relation to caring for C.

C moved home in a planned way and has lived with his parents since December 2023.

The local authority invited the court to make a supervision order for a period of 12 months, with C remaining in the care of his parents.

The parents were in “full agreement” with the plan.

District Judge Tait said: “C's welfare is my paramount concern and I remind myself the order I make is about his wellbeing, rather than rewarding the parents for their efforts.

“I must also ensure that any order is necessary and a proportionate response to the risks to which C would be exposed if no order, or a less interventionist order was made. The Article 8 rights of C and his parents to respect for a private and family life are fully engaged.”

He noted that despite their past behaviours, the parents have “achieved and maintained” abstinence from illicit substances, engaged in therapeutic work to address their past trauma and have engaged in painful safer relationships work.

On C’s welfare, he said: “Since C has been in their care, they have shown that they are able to provide a safe, healthy and stable environment in which he can live. They are attuned to C's needs and are working together to meet them.”

He concluded: “[The parents] still have a long way to go with many challenges ahead and they will need to show the same determination and resilience, as well as the confidence to seek support when needed. This, in my judgment is why a Supervision Order is necessary. It will ensure that there is a 'soft landing' after the FDAC process, where C is supported in his family by the same people who have built up a solid, open relationship with the parents.

“However, C is safe and happy and nothing more than this order is required or would be proportionate.”

The judge made a supervision order for 12 months to the local authority in respect of C and endorsed the supervision support plan.

Finally, District Judge Tait said: “This is an example of why FDAC is so vital to the family justice system. It is built upon the ethos that no family wants their child to suffer and that every family in difficulty wants to make things better. People can change if they are offered the right support. Children belong with their parents if that can be safely achieved.”

The Family Drug and Alcohol Court is an alternative family court for care proceedings. Around the UK there are currently 13 specialist FDAC teams, working in 21 courts and serving families in 37 local authorities.
 
In October 2023, The President of the Family Division, Sir Andrew McFarlane, published his second annual report on FDACs. The report revealed that 57% of parents completed the FDAC programme, and 53% reduced or ceased their alcohol use. Looking at outcomes for children, 45% were returned to live with their families and 30% were placed with a friend or family members. 

Lottie Winson