Pre-proceedings and capacity: the impact of professional language and other barriers on parents with learning disabilities.

Whewell, Emma

Abstract

In England and Wales, the issue of delay in public law children cases has been a concern for two decades. Delay can lead to an increased burden on the public purse and greater uncertainty for children and families. Numerous procedural measures have been introduced try to reduce delay both before the issue of care proceedings at court and subsequently. There is now a national 26-week target for the completion of proceedings. However, although there is a national ‘pre-proceedings process’, there is no suggested time limit for the conclusion of pre-proceedings work.

A research team, has considered the operation and effect on children and families of two regional pre-proceedings protocols which aim to complete pre-proceedings work within 26 weeks, and enable permanent decisions to be made about a child’s future within a year overall. One of the findings from the qualitative and quantitative data collected in 2013-2014 and 2016-2017 is that the 26 week pre-proceedings process can create particular problems for parents with learning disabilities or who otherwise lack capacity. These groups are known to be at greater risk of losing their children. The speaker will consider how professional language and other barriers in this time-limited and complex intersection of child and adult care law can contribute to the problems experienced by such parents.

• Presentation Conference Type: Conference Paper (unpublished)
• Conference Name: Second UK Mental Disability Law Conference
• Start Date: Jun 26, 2018
• End Date: Jun 27, 2018
• Deposit Date: Jun 9, 2021
• Public URL: https://uwe-repository.worktribe.com/output/7451481