Children Act '89 is key to curb growth in care
Derren Hayes
Tuesday, October 29, 2019
September's fall in care applications received by the Children and Family Court Advisory and Support Service (Cafcass) continued a long-term downward trend.
In 14 of the last 16 months, Cafcass received fewer applications compared with the previous year.
On the face of it, this appears a good news story, reflecting how councils are supporting children in need and their families earlier to avoid care proceedings. Such approaches are at the heart of the Children Act 1989, which received Royal Assent 30 years ago this month (see feature). Despite the decline, new Cafcass chief executive Jacky Tiotto says the organisation is "just as busy" as when care applications were running at record highs as councils are applying for different types of orders as alternatives (see interview).
Evidence that demand continues to grow can be seen in the 7.3 per cent rise in levels of children in the family court system in the year to October. Having so many children in the family courts system is stretching resources to the full, explains Tiotto. The solution, she says, lies in the 1989 Act's provisions that require social workers to consider if children at risk can stay with family members or people connected to them as an alternative to care.
The Association of Directors of Children's Services has said that cases that go to court "are the riskiest and most challenging". For every case that comes to court, "dozens of others" are being safely managed in the community, it adds. But Tiotto says more emphasis needs to be placed on pre-proceedings work and she is keen for Cafcass to be involved in discussions over what evidence social workers should bring to court at this stage.
Tiotto can point to her time as director of children's services in Bexley as evidence that such an approach can work. While she was there, the rate of children in care fell at a time when it rose nationally. Ofsted, which rated the authority "outstanding" in 2018, praised the "very effective intensive support within pre-proceedings, which results in more children being able to remain safely cared for by their immediate and wider families".
The 1989 Act was meant to herald an era when care proceedings were used as a last resort, instead shifting the emphasis to helping children and families through supportive social care practices. A refreshed commitment to the principle from politicians - along with extra funding for pre-proceedings work - would be a fitting way to mark the act's 30th anniversary.
