what is the current state of play of fgcs in england

1: What is the current state of play of FGCs in England? Cathy Ashley, Chief Executive Family Rights Group 11th November 2010

3: Current situation in child welfare (2) Between April -Oct 08 and April �Oct 10 Care order applications rose 68% (NB March 10 highest rate of care applications on record) Severe delays in care cases Significant budget overspends on LAC and significant cuts being made to non-statutory preventative services 10,000 shortage of foster carers

4: Why involve families? Rationale � partnership � key to successful protection of children at risk (DoH, 1995) Majority of children subject to State intervention live at/return home: 93% children on CPR live at home 92% children who are looked after return home and contact with families is the key to their early discharge from care Lack of parental co-operation a key factor as to why some cases end up in proceedings Impact of HRA

5: What do families say they want? Help to understand and overcome child protection concerns Information and independent advice on options, processes and their rights Involvement in planning Clarity about arrangements for their child and what decisions can and cannot be made by whom Support for contact arrangements (financial, emotional, assistance to resolve tensions/disputes) Financial and other support for family placements Minimal long term involvement with LA subject to adequate support being available

6: Parents� experiences in court In court parents feel: Isolated and unsupported Intimidated Alienated Confused Excluded Source: Parental experiences of the family justice system: an overview of research, Joan Hunt, Oxford Centre for Law and Practice 

7: Family Group Conferences

8: THE FGC PROCESS

9: Underpinning values of FGCs Clarity about the rights and responsibilities of family members (a person with parental responsibility or older child/YP needs to agree to the referral and to the sharing of information) and the duties, powers and responsibilities of the service providers FGCs are a voluntary process The term �family� refers to both blood relatives and to non-related significant family members, friends or neighbours. The child/young person should be enabled to participate fully in the process and always offered the support of an advocate. The FGC co-ordinator should be independent from other professional involvement with the family. It is a family-led planning process and there must always be private time Plan should be agreed by agency as long as it is safe

10: What is the legal context for FGCs? Not a legal requirement in the UK, but: Fundamental principle of CA - partnership is key to protection of children at risk of harm Duty to place looked after children with family member unless not consistent with child�s welfare � s.23(6) CA 1989 Public Law Outline & revised guidance that records of discussions with the family are 'to be filed' at the first appointment S. 8 22C CYP 2008 (implemented by April 11) sets priority list for placement of child unable to live with parent/carer with PR � 1st priority �a relative, friend or other connected person with child� & who is a LA foster parent. Welfare checklist requires consideration of potential family placements & relationships before decision made relating to the adoption of a child s.1(4)(f) ACA 2002 New family and friends care guidance Child�s right (European and UN Conventions)

11: When should family be referred to FGC? When child welfare/protection issues arise When there is a likelihood of a child being looked In all cases of looked after children where a permanence plan is required for a child including leaving care youth offending, anti-social behaviour and truanting In all cases: Decision must be serious enough to warrant family coming together. Family agrees FGC

12: FGC Research Messages 71% Las have an FGC service or setting one up (compared to 1/3) 33% increase in child welfare FGC referrals over 12 months Family attendance is good and satisfaction high Fathers are more likely to be involved (68%, FGC Survey) On average 7 family members attend (FGC survey) Child attends (70%, FGC Survey) Plans are agreed in over 90% of FGCs

13: FGC research messagesFGCs and safeguarding FGCs successfully held in situations where there has been substantial abuse, DV etc (AHA 2009, Pennell and Burford 2000) Longitudinal study by Kiely and Bussey (2001) says that welfare and safety of children is not compromised by FGCs Significant reduction in number of proceedings after FGCs (Morris 2007, Sawyer and Lohrbach 2008, Walker 2005) Titcomb and Lecroy (2003) 87% of children did not have substantial report of abuse or neglect following the meeting ( 3 year study) Families suffered less maltreatment following FGC (Pennell and Burford 2000)

14: Outcomes 9 projects provided detailed data on costs and outcomes for the last year. - prevented 229 children becoming looked after in the last year including: avoidance of proceedings for 116 children 58 children returning to their family from local authority care.

15: Cost savings � impact of FGCs Assumptions: Based on child being in care for 12 months costing �28,241 (Loughborough cost calculator) cost of the court process in individual care cases amounts to �25,000 (Review of care proceedings, 2006) Based upon findings from 9 projects �The combined savings from this amounted to an estimated �11,005,167. The combined FGC project budgets amounted to �1,467,700. Whilst there are significant costs to public agencies in supporting the family plan which must also be taken into account, nevertheless the savings are clear.

16: Developments in FGCs Wider application in use of FGCs e.g. self referrals, gangs, prisons, adults FGC toolkit (2006) setting national standards A policy in a few Las to offer families an FGC pre proceedings FGC co-ordinator training accreditation � open college, FRG/Univ of Chester post grad. Accredited certificate FRG/FGC Network Guide to courts on using FGCs for children subject to care proceedings� endorsed by FJC, Cafcass DfE contract involving 12 regional and a national FGC event & support consultancy to help establish/sustain FGCs

17: But Can FGCs �disempower� families if they aren�t given access to indep advice to make informed choices/if carers are �disadvantaged� by stepping in early � what needs to change? FGCs are often a �bolt on� to statutory professionally-led practices � are families getting contradictory messages? Financial pressures leading to some closures/cutting corners/variations in practice � do we need minimum standards/indep accreditation? In some regions majority of authorities offering no service � should it be an entitlement to families pre proceedings?

19: Useful resources FRG advice service Tel:0808 801 0366 (Mon-Fri 10-3:30pm) Email: advice@frg.org.uk Downloadable advice sheets http://www.frg.org.uk/Advice/advice.asp FRG Family Group Conference Network, Tel 0207 923 2628 http://www.frg.org.uk

20: Proposed principles for child welfare system The welfare of the child is the paramount consideration. The system should be child-centred and family-focused, strengths-based and culturally sensitive. The right to fair process and involvement in decision making for children and families (at all stages of state intervention). The right to respect for family life (including that of the child), unless intervention is necessary to safeguard the child. That children and families have access to support and advice to enable children to remain within their families, where safe to do so, and so families are empowered to have responsibility for their lives.