Children in Limbo: Cases Where Court Decisions Have Taken Two Years or More

Abstract

In spite of section 1(2) of the 1989 Children Act,* the time taken to conclude care proceedings has been getting longer year on year since the Act's implementation. The average length of proceedings in 2001 was about 47 weeks and a significant number of children are having to wait over two years for a court decision. Chris Beckett and Bridget McKeigue looked at a small group of cases where children have waited for over two years. In this article they examine the consequences for the children of this long wait in immediate terms, such as number of placement moves and assessments experienced, and in the long term as a result of reduced options and possible psychological harm. They then consider the possible causes of these long waits, identifying a number of factors but focusing in particular on the long and repetitive assessment process that seems to have typically taken place.

Objects of Concern: Caring for Children during Care Proceedings

“…Local Authority X avoided multiple placement moves of the order described in Beckett and McKeigue (2003). There were moves during proceedings, though, including instances where children experienced what would have felt like rejection by carers, so that immediate shortterm sources of acute distress were added to the long-term uncertainty that is inherent in the process itself.…”

“…The case of 'Michael', from a previous study in another area (Beckett and McKeigue, 2003), will perhaps help to clarify our concerns. Michael was just under two when he was removed from home on an Emergency Protection Order (EPO).…”

“…In our previous study in a different local authority (Beckett and McKeigue, 2003), we encountered several instances where children endured multiple placement moves in the course of care proceedings. For example, 'Bill George', aged fifteen months at the start of proceedings:…”

An Examination of the Factors That Facilitate and Hinder the Care Planning Process for Very Young Children in Scotland

“…The results suggest that a number of factors contribute to these, in particular the individual experience of the worker, related practice anxiety, a lack of confidence and a lack of coordination between adult and children's services (Reder and Duncan, 1999;Beckett and McKeigue, 2003;Sellick et al, 2004;Taylor et al, 2008). Another key factor is the predominant view that the preferable course of action is that the baby should be returned to the birth parents (Ward et al, 2006).…”

Squeezing the Toothpaste Tube: Will Tackling Court Delay Result in Pre-Court Delay in its Place?

“…Goldstein et al, 1980;Steinhauer, 1991;Thomas et al, 1993;Booth, 1995;Hunt et al, 1999) that it is not good for children to have to endure protracted periods 'in limbo' while their future is decided. We explored this in a previous study in another local authority area (Beckett and McKeigue, 2003) in which we looked at children's cases that had taken an exceptionally long time. The present study was more comprehensive (all proceedings, not just long ones) and it involved collecting data during the process (rather than retrospectively) about what happened to the children and the way in which decisions about their future were made.…”