Fewer mothers to appear in court days after giving birth under new guidance

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The number of mothers going to court for child care proceedings within hours or days of giving birth will be reduced after new guidance was issued to judges.

The changes follow concerns about the increasing number of urgent applications brought to family courts for newborn babies where there is a safeguarding concern.

A recent BBC investigation highlighted the issue after hearing of the traumatic experience for mothers having to attend court while recovering from labour.

Under the new guidance issued by the Judiciary, same-day hearings should only be granted if a child's immediate safety is at risk to ensure intervention is "focused on cases that genuinely require it".

In October, the BBC reported the number of children involved in care proceedings before they reached their first birthdays was at a persistently high level across England, based on research from the universities of Lancaster and Oxford.

More than half of urgent care hearings in England in 2024-25 were for newborns, where mothers had to attend court within days of giving birth, or even potentially on the same day.

While there are cases where it is unsafe for parents to continue contact with their children, experts told the BBC's File on 4 Investigates that many babies may not have needed to go into care if support had been in place.

Since very young children who go into care are more likely to be adopted than older children, there are concerns from experts that some may have been permanently separated from their birth families unnecessarily.

Following a consultation, new guidance instructs courts to be rigorous in refusing to deal with cases that do not meet the criteria of urgency.

The expectation is that it would be extremely rare for an application to be made for a same-day hearing, the new guidance states.

It outlines that a same-day hearing should only be sought if a child's "immediate safety" would be compromised without the court's intervention.

Research from the Nuffield Family Justice Observatory found that over 70% of care proceedings involving babies in England were emergency hearings within two days of an application being made.

Emma Smale, its head of practice and policy, described the new guidance as a "welcome focus" on the issue.

She said the number of newborn babies in care proceedings in England and Wales subject to a same day hearing had doubled over a decade - from one in 10 in 2012-13 to one in five in 2022-23.

Smale said the process of separating a mother from their baby when they have just given birth is "widely accepted as deeply traumatic for all involved", and called into question the fairness of making "profoundly life-changing decisions" when a parent cannot effectively participate in the proceedings.

Under the new guidance, applicants for emergency or short notice listings - which take place within five days - will be required to justify with evidence why a case needs such a listing.

If a judge does not agree with the level of urgency, the case will be given a standard listing between days 12 and 18.

The Judiciary said the guidance is intended to help ensure parents and guardians "have time to respond more effectively to the application" and urgent judicial intervention is "focused on cases that genuinely require it".

A Newborn Baby Protocol has also been issued, which aims to provide a "greater level of fairness for child and parents" when care proceedings are issued immediately after the child's birth.

In England, early referral and assessment by local authority children's services will ensure the "timely provision" of preventative help, which should include identifying and strengthening family network resources, where this is in the child's best interests.

The protocol also states that before making any care order application, a Family Group Decision Making Meeting must be offered to parents, in line with the Children's Wellbeing and Schools Act 2026.

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