Use of the FDAC in Public Children Law Cases

Hello. Welcome, everybody. When I'm stuff to my mood and I'm very pleased to welcome you to today's bys, I session through data law. Today I'm going to be talking to you about the family drug and alcohol called DF back for short on its use in public that Children law cases on good looking at the development off use of F backing care cases in particular, on also consideration of how distant fits in within timescales and particularly looking at the case of Ri s insofar as the position with the 26 week at Timetable will have a look at that. So I'm going to be talking about the EFTA court on DF back then was really a court that started back in London effect some years back by Judge Crichton some years back on. But this is where the president of the Family Division, Sir James Mommy, has recently noted that. But the F deck, of course, as the president puts it, is one of the most important developer sued family justice in the last 40 years, and it had grown from a single pilot in London to now is available in many parts of the country a lot of president has said that he would have wanted it to be used in really many parts all around England and Wales. He's the president's view is that F back project should be available to all parents facing the prospectively when losing. That should assist Children to the care system on its vital latter f that continues to be funded on a sustainable basis at the President has also said that F Back is not seen as a Z. Really something matter is really complimentary, but it's something that should be used in appropriate cases, and the president's ambition has been that it should be available every part of the country and be able to be access more widely. Then what is? This is where the president has really emphasized at the need for FDA to be properly financed and to be used appropriately. Circumstances So So what is the F Deccan? How does it work? Following on from a pilot in London some years ago? Well, effectively, the involvement of the EFTA court is somewhat different, depending upon which geographical area you're based on celesta. One thing it does very somewhat geographical, not know in a huge amount ways. But the main aspect of the EFTA court is you'll find that it's going to be used, as it says, a problem solving scheme on therapeutic approach to care proceedings in cases. And it's going to be used where the local thought he has recognized that parental substance BC's whether it's drugs under alcohol is a key element in the case of one of the things we need to emphasize for my experience in being able to do cases within the EFTA court is that it's not limited to only cases where parental substance misuse is is the only issue. For example, in May of cases where, said a local authority commence proceedings based upon, say, issues swelling to substance misuse is the main issue, but also those matters relating to, say, domestic abuse. This issues over, say, conflict with professionals on so forth. Now, if the main reason under reasons why the local thought of commence cape settings is the substance misuse and if that can be addressed at an appropriate let way on, managed appropriately that this is really a reason why it may be that that case condemned for within the after court sort of Family, drug and Alcohol Court on, uh, this is where the local thought he, as the applicant will then determined, looking at the paperwork, looking at the work they've already done as to which cases. Okay, stay, feel. Maybe more suited to go down the EFTA court, and this is where they worked. And B applies the court and advice in a court to possibly list a matter within the after court. And that's where the court will then be looking at. The application forms themselves, so it's still the same application form that's filled in the form of C 11 away. But the local authority team will be invited to court than listing within the EFTA court. Now, if you're active for parent in this situation where the court has decided to list the matter to be run dandy EFTA court and it's very important, I would suggest that your client is advised about the positives of the case going through the F deck scheme on that is, it would enable them to be able to use the time that's available to seek improve the situation that's been raised insofar as the substance misuse to then be able to look at the possibility of reducing and even ending in terminating do at the usage of substances so as to achieve, for more, say, for a sustainable family reunification of possible indoor circumstances. Now this is where how will the F back court differ from the other cases that you'll be dealing with? Well, it'll still be held and dealt with in the family courts That's still gonna be heard in the same building in most cases. But the big difference is this. As you know, one of the pillow when you're looking at practice direction 12 a. Off the family procedures, you'll be looking at the fact that under appear load of Pablo outline, the court will be listening matter unless it's urgent. 40 Taste Mandaric hearing between Days 12 to a team. Now that will also happen if your lodging cases under the EFTA active still be listed for that initial hearing. But the big difference is this. Unlike the pillow, we we have the case manager hearing between days 12 to 18 and under further case manager hearing, nor Life's and Day 25 then we have two issues resolution hearing with a view trees over the matters and potentially concluding the case and only for Nessie will have to find a hearing. Potentially, in an ordinary care case, you may have a limited number of hearings on order. These hymns, of course, will involve lawyers attending with their clients and the guardian social worker and, of course, before the judicial input. But that's where this differs from EFTA court, because with the EFTA court, you will have judicial continuity more so than you would perhaps have in other types of cases but also diabetes. Fortnightly court reviews so effectively doubles fortnightly court reviews without the lawyers being present. But when a judge will actually see and speak to the clients the parents directly on a judge, would we speak into declined monitoring Their progress, therefore, will be speaking to the families directly as well as big into the social workers in the Guardian directly with a view to keep in the parents engaged and motivated and then looking at resolving matters so effectively. But when I have done the FDA hearings, you what? You're fine day for years. If the local thought today for lodged the case and invited the court to list it to be heard within the EFTA court. Then you still have Thea, the case manager hearing. But you have these fortnightly review hearings, or so on the purpose of that release to try and instill confidence and motivate the parents with a view to next blowing what they have done overdosed up to fortnightly period of time to be able to more to fight them, explored them, has seen whether or not it's actually going in the right direction or not. On one thing that's very important with, like, say, these applications is in many areas there, for the local authority will be putting in the application whether it's in the social, because in the short statement assed too, why they feel the case is suitable for the F deck pro process. And what will happen is when that local authorities had largely application at court a suit unmarked, a suitable 40 F backed by the local authority that this is where it allocating team to get kicking team at. The court will then decide whether they feel it is appropriate to be listed within the EFTA court and therefore they are listed our next available dating the after court for the first hearing, so as well as less to get for the first hearing. They'll also be the other directions given for case management, so that if, for example, there is a need for contested interim care hearing to be listed and now be listed on will also be a listing of the case. Mandarin hearing goes So so in many areas, you'll find out the case manager here and go take place if, if dramatic, proceeds under the EFTA court within around week 44 weeks after the first hearing has taken place to label for judicial continuity on, uh, the other big difference between the F back type of a court hearing under normal care cases is there'll be a disciplinary team working alongside the family members to a system, so that would be, for example, in many areas. Don't be, for example, a team which will consist of maybe a psychologist psychiatrist working alongside the families. In those circumstances, there'll be senior practitioners. There'll be especially social workers. On the loss will be parental substance misuse specialists as well. In many areas, eso there'll be a lot more interdisciplinary teams working alongside the family alongside the Social from the Guardian also has experts in that we can't what would happen. And he said, Let's said a local thought, therefore have large D applications so that they are invited to court to list a matter within the Family, Drug and Alcohol Court to make sure that the parents do wish to engage with this. What you'll find in many areas. Therefore, use that that first hearing the parent will have a preliminary meeting with the F Back team on dirty off and will be offered the opportunity to actually work and engage within the F that process. So the best way trying explain this is those of you who do private Children or cases where you'll find out the for head read the first time in dispute resolution. Important you love. Three year from the court officer. They loved a parents There on there'll be a meeting between the family court office on the parents with a view to sing. If agreement could be reached in a way, three FDX scheme works similarly sort. The first hearing the FBI team will be there on. They will then be sitting with the family members the parents on offer them the opportunity to work on, go through the FDA process and then to be assessed us to their suitability. So this is where there will be an expectation for the parents to commit to an intervention plan which is setting out the fact that they would do wish to commit to the process off going through the F deck root s so that that would then be confirmed up in readiness for the case manager hearing, which would then re listed after the first hearing sort of purpose off this intervention plans very much to designed to test and see on establish whether or not apparent, is prepared to commit to working with the F Back court until therefore, address the issues surrounding the substance misuse and therefore be able to meet their child's needs within the agreed timescales. Theo Expectation will be such that apparent will be expected to abstain from street drugs to begin to address the difficulties. Eso any of their substance used to be able to strengthen their relationship with their child, and all of this will be set out within the intervention plan, which depends will then be asked to sign under to commit to like to say if they do commit to that at the case Mandarin hearing, which will be listed there after the orbit of various directions made. Now this is where it's important to note that the case manager here and don't be a number of directions which are pulled together to purpose being to enable appropriate evidence to be gathered with a view to them playing that before the court. Now somebody evidence you'll find at the case Magic here will take the form off evidence being put together in so far as a drug and alcohol testing. So this is where many areas you find that there will be arrangements made for testing to be undertaken off drug and alcohol testing, often on a weekly basis on. And there will be a reference to specify which drugs and and a there is to be testing foreign also, whether they used to be testing for alcohol. So don't be expected to be testing done on a often on a weekly basis, Onda. Also, you'll find that there would MB directions also made for, uh, the, uh, non lawyer review hearings to take place every two weeks before particular judge of judges The purpose of this, of course. Like, say, to neighborhood, judge, to monitor progress and enable parents to have a 1 to 1. A discussion with a child to see is with the judge to see how they are progressing with the matter. Generally, that also be directions that made for other testing to be undertaken by way off testing to be undertaken insofar as hair strand testing if necessary, and also, if appropriate, of other forms of testing, such as fingernail testing with a view to enabling sufficient evidence to be obtained and reports we obtained us for drug and alcohol use regional circumstances. So there'll be various companies which will be used to enable trusting to be done. Many of you will be aware that when it comes to testing will be if it's here head here, that's going to be used, for example. Then don't be testing done using segments off the head hair so they'll be monthly segments done. Sometimes this will be done over paid off three months, or they for they will be three months worse off testing done over that period of time and then don't be results obtained in appropriate cases that could also be testing, done by way of feeling of liver function testing and also on also blood testing and urine samples being tested. Also so again, throughout the FDA process, you'll find out they'll be continuous monitoring and testing off substances do not pay at a time on, uh This, therefore will be what will be provided unity case manager hearing as far as the year various directions now. Also, the case will be expected to be timetable within the 26 weeks or two dates for the issues resolution here and final hearing should be made available on that. The aim, therefore, would be to ensure that the case can be completed within the 26 weeks. As I mentioned a key aspect of the the FBI processes, they was going to be the regular reviews, normally every two weeks for a period of time, which will be attended to India after court by D parents on also often in attendance. Where would they have that team and also the garden under? So we should work about Non lawyers would not be attending that here, And if there are any legal issues that do crop up But of course, the court would be expected to list a matter for hearing, if necessary, to deal with those cage management issues in due course. Now, one of the other aspects, which therefore we need to be a way off, is the fact that how does the F decked process them fit in within the 26 week timetable? With this is where the case of yes, a child 2014 is very important case. You'll be aware that this was a case that the president of the family division said James Mumby handed dad. And it was a case where, by the president did say that there were certain situations with a court would allow an extension beyond 26 weeks. If you want to make out that the eggs extensions and I say to assist the court resolved, a person is justly. One situation is whereby if d cases going within the F deck a mangement so the FDA process is still. Of course, the president said, requires consistent in ongoing commitment from apparent on cooperation Onda. And of course, there will be a lot of work done with the motor disciplinary team so that if duties to weekly to fortnightly court review meetings, matters or not really improving an effect. Let's say the court is of the view that sufficient progress on on the S a level of progress which is acquired is not being made a za advised by, said a social team, the garden. Also, the multi disciplinary was that members of the team you are there, then. This is where the court may give the parent of you that they need to reconsider whether or not they would wish their case to connect, to continue run through the aft deck route, or whether the court themselves is making a decision as to whether the court should. Whether the case should in fact continue to run for the F deck route any longer on. That's where you may find that the case may actually conclude sooner than the 26 weeks and may actually be completed sooner within the FBI process than otherwise would have been contemplated. So I suppose what I'm trying to emphasize here is because the case is going through the EFTA court. It doesn't necessarily mean that it's going to be completed within 26 weeks. In all cases, it may not particularly progress is being made, particularly if there's a longer period of time which is required in order to enable the commitment on the The reduction in the substance sees to be seen under progress to be made in that regard. So the president has said in RE s done in appropriate cases, as long as one can justify the need for it on. But it's necessary to assist the court result of procedures justly, it is possible to go beyond the 26 weeks, but this should be seen. As you know, Maura's an exception and the norm in F that cases. It is possible and necessary in some cases to go beyond the 26 weeks. But have it said that even within the EFTA court itself, the courts expectation is to finish the case within 26 weeks, if possible on the court would therefore be wanted a timetable and conclude that case within that time if possible. So again, very, very important, Teoh to bear that in mind, the president did say India re s case that the EFTA court is based on problem solving by the specialist multi disciplinary team with supports the parents. Therefore, in overcoming their problems were Children up in port risk by parental substance misuse and the aim. Of course, off, the EFTA court is famous to keep the family together with wherever possible on Dad. The progress of course made by the parents had monitored regularly, and if therefore, opponents cannot maintain an essay progress, the process is brought to an end, and therefore the president made it very clear. Yes, they last the case. And of course, that would mean that the case is completed and concluded, therefore within the 26 weeks not regard. So you can see running the case through the EFTA court. It's somewhat different to your are other forms off care cases but, like said a big differences needing to ensure that that commitment is there on making sure that you want familiar about the at the fortnightly reviews, which often take place. And these often will be without the need for lawyers present at that particular meeting. Thank you very much for listening. I hope that's been useful and I speak to you next time. Thank you. Bye. For now