Very young babies returning home from public care: pathways to permanence

Infants are far more likely, than any other group of children, to become subjects of care proceedings
(Broadhurst et al., 2018). Yet knowledge about infant pathways into and beyond family court
proceedings is scant. Very recent research has for the first time, identified divergent legal outcomes;
approximately 50% of infants are adopted, but a substantial proportion of infants are either
returned to birth parents or extended family and friends' networks, at the conclusion of care
proceedings (Broadhurst et al., 2018). This project will focus on the latter group, addressing pressing
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stakeholder questions about the quality of contact for these babies during care proceedings,
support for transition home or to family and friends care and the extent to which the care plan for
the baby supports their developmental recovery.
The Children Act 1989 provides a framework within which a court can make an order authorising
the interim or permanent removal of the infant from his or her parents. Issuing care proceedings
for infants has been described as a severe form of intervention in family life by some judges in
courts in England (e.g. R (G) v Nottingham City Council (2008)). Several commentators have argued
that highly intrusive action is taken by the State, in the absence of positive support to build family
resilience (Featherstone et al., 2014). The removal of infants has been found to be strongly
associated with women's repeat appearances in the family courts (Broadhurst et al., 2017). Yet
others would argue that leaving infants for prolonged periods in abusive or neglectful household
circumstances is equally unacceptable, risking longer-term developmental harm (Ward et al., 2012).
Adding to this, parents involved with care proceedings, report feelings of disempowerment,
oppression, and being treated in a way that is contrary to Human Rights legislation (Ward et al.,
2012). On all sides of debate however, there is a consensus that the topic of reunification - with a
specific focus on babies - is hugely under-researched and that further research would strengthen
decision-making and practice, whilst at the same time bringing balance to political and policy
debates about infants in public law proceedings. Questions about developmental recovery have
received new emphasis in the context of the Children and Social Work Act 2017. Local authorities
and the courts are now required, not just to consider the suitability of placements, but also the
extent to which permanency plans support the developmental recovery of the child.
This project will build on my own substantial scholarship in child protection, evidenced by a number
of publications concerning infants subject to child protection procedures, to address pressing
questions about infant return home from public care. I will also build on current work I am
completing for the NSPCC on child reunification, and my extensive experience as an independent
consultant to the Department for Education and several local authorities. In addition, the project
will draw on the data resources of the new Nuffield Family Justice Observatory to access valuable
population level data and produce completely new analyses and complement recent research within
the Centre for Child and Family Justice regarding supervision orders and special guardianship
(Harwin et al., 2016-2019).