How Important Is The Sibling Relationship?

Back in July 2020 we wrote this blog on the importance of the sibling relationship. The article quotes extensively from the Nuffield foundation research ‘Monk, D. and Macvarish, J. (2018) Siblings, Contact and the Law: An Overlooked Relationship, London: Birkbeck.’ which remains the leading academic study on this topic.

We are particularly delighted that on 10th November we will be welcoming Professor Daniel Monk as the keynote speaker at our annual Care Conference for lawyers, Cafcass, social workers and other child care practitioners. Our subject is siblings and the conference is titled ‘Is blood thicker than water?’ It promises to be an informative and interesting day with plenty of debate.

Our blog from 2018 follows….

More and more in the Family Justice System we are recognising the importance of keeping sibling groups together. Where families have experienced disruption, often for children, their siblings have remained the only constant in their lives.

In November 2018, the Nuffield Foundation published a report ‘Monk, D. and Macvarish, J. (2018) Siblings, Contact and the Law: An Overlooked Relationship, London: Birkbeck.’ exploring whether sibling relationship is overlooked. It found that generally there is a lack of clarity about the status of step and half siblings, and a lack of consistency in the law about the approach to the sibling relationship.

It is to be noted that the definition of a sibling is ‘a brother or a sister’ and full siblings will share both parents in common. However, we should also recognise the importance of half-siblings, step-siblings and foster-siblings. CAFCASS, in a blog on 18 January 2019, follows the guidance that states the starting point must be to ‘allow children to say who their brothers and sisters are’ (Argent, 2008), which means considering who is important to the child.

What Is The Law?

1. The sibling relationship is central to the right protected by Article 8 of the ECHR which is the right to respect for family and private life

2. It is reflected within the Children Act 1989 at section 1(3) a checklist of factors to consider when assessing the child’s welfare and the sibling relationship will weigh in the balance when addressing those factors, for example the ascertainable wishes and feelings of the child, the effect of a change in circumstances, and the child’s background

3. Most recently in ABC v Principal Reporter and another relating to Scottish proceedings at paragraph 52 stated ‘The nature of the sibling relationship will vary from family to family and there needs to be a nuanced approach which addresses the extent of family life in that relationship, the home circumstances, how far the interests of the parents, the sibling and the child coincide and the possibility that the child, the parents and other siblings may have art 8 rights which are in conflict with those of the sibling. There needs, in short, to be a bespoke enquiry about the child’s relationship with his or her siblings’ evidencing that in the case law, the sibling relationship is recognised and considered by the Court

4. Section 22C(8)(c) of the Children Act states that when the local authority are searching for a placement for children, they must ensure that if the child has a sibling for whom the local authority are also providing accommodation, it enables the child and the sibling to live together. This is so far as is reasonably practicable

However, there Nuffield Foundation Report highlighted some deficiencies in the law in preserving the sibling relationship. For example, under s.34(4) of the Children Act, there is a duty on a local authority when a child is in care to promote reasonable contact between the child and their parents. There is no similar duty imposed to promote sibling contact. It therefore makes policy recommendations and the end of the report, to enhance the legal protection for the sibling relationship

So Practically, What May Happen To My Children In Proceedings In Relation To The Sibling Relationship?

Firstly, the Social Worker should be alive to the studies in relation to the sibling relationship and their importance, and should be evaluating this when determining the care planning for the children.

Secondly, within care proceedings, the children will be appointed a Guardian who will analysis the care planning of the Local Authority and will be ensuring that the sibling relationship has been properly considered and assessed.

Thirdly, you may hear reference to Together and Apart Assessment or Sibling Assessments. These are either undertaken by the Social Worker or by a psychologist. In the Nuffield Report, it was shown from the study groups that these assessments vary in format, but that there was a general trend of an increase in frequency of these assessments. The purpose of this assessment is to inform the Court of the individual needs of the children, their inter-sibling relationships and in care planning whether they should remain together or whether their best interests individually demand their separation. It is important that where siblings are to be separated, the justification for that separation is properly evidenced and if it is not, that there is a challenge on the possible long-term effects of the separation.

Jo Taylor
October 2023