Resolutions Model: Returning A Child After Care Proceedings
The ‘Resolutions Model’ has been around for a number of years but we are beginning to see an increase in its use across the Midlands. Family Law Solicitor, Jo Taylor discusses this approach and how it works….
If a child suffers an unexplained serious injury they are often taken into care along with their siblings until the Court can establish what happened to them and whether it is safe for them to go home. If a parent is found to have injured the child, or may have done so, it is rare that the children can go back to live with that parent.
However, we are slowly beginning to see an increase in the use of the “Resolutions Model” in these type of cases. Although the model has been around for a number of years, it has rarely been used in our area. I have experience of how successful the approach can be in the right case.
What is a Resolutions Model?
This is a specialist approach which, in certain circumstances, allows for a child to be returned to their parent(s), even if the Court has made findings that the parent has caused an injury to their child, or they cannot be ruled out of the pool of perpetrators.
What is a Pool of Perpetrators?
A pool of perpetrators is when there are two or more people who could have been responsible for the injury. A common example of this would be that the child was with his parents when he suffered an injury but neither of them accept responsibility and based on the available evidence the Court cannot say which of the parents inflicted the injury. There may be many people in the pool particularly if it is unclear exactly when the injury occurred. The Judge can make findings in a case about who was responsible for causing a non-accidental injury once they have heard and read all of the evidence.
To make a finding that someone is personally responsible, the Judge has to find that it is more likely than not that it was them who inflicted the injury. That is because the standard of proof in a family case is on a “balance of probabilities”.
Another possibility is the Judge could make a pool finding, which means they conclude that someone within the pool of perpetrators has inflicted a non-accidental injury, but they cannot be sure who it was.
If no findings are made against a parent, typically the child will be returned to them. On the other hand, if a finding is made against a parent, typically the child will not be returned to them.
The situation is trickier if a pool finding is made as the Court will not be able to say with any certainty who the “safe” parent is. In most cases, this uncertainty would mean that it is too unsafe for the child(ren) to return to either parent.
The Resolutions Model recognises that there are some cases where a child could be returned even if a parent with findings made against them or who remains in the pool of perpetrators continues to deny any wrongdoing.
When would a Resolutions Model be appropriate?
There are very specific circumstances that need to apply for this approach to be appropriate. I am pleased that the Courts are willing to look at this option in suitable cases, and I have personal experience of this working in practice.
When deciding whether it can be made safe enough for a child to return home to their parent(s), 5 factors need to be considered:
1. Do the parents acknowledge that professionals have legitimate concerns given the medical evidence and any finding of the Court?
2. Are they prepared to work in partnership with professionals in an open and honest manner?
3. Are they willing to examine the way they care for their child and be willing to make changes to care routines in order to help ensure their child’s safety?
4. Are they willing to accept a high level of professional support and monitoring of their child’s welfare?
5. Is there a credible support network composed of safe extended family members or friends, who are willing and able to be involved in helping to ensure the child’s future safety?
How does the Resolutions Model Work in practice?
Each case will be different but a Judgment in the recent case of J (A Child)(Resolutions Model) (Rev 1) [2021] EWFC 58 (25 June 2021) gives some insight into what is involved.
In this case, a specialist social worker was commissioned to undertake a risk assessment. She worked closely with the mother and her family. Risk assessments were undertaken of her family by the Local Authority. There were professional meetings and continual involvement with the child’s social worker and the key social worker, all overseen by the Children’s Guardian. Through these steps, a Resolutions Safety Plan and Roadmap was formulated.
The Judgement does not go into detail as to what was involved in the plan, but it does give an overview:
– Supervision started at 24 hours per day, 7 days a week involving 5 family members and a close family friend, who assisted in shifts. Gradually, short periods of unsupervised time were introduced, starting at 5 minutes. Everyone supervising had clear guidance on what to look out for and how to respond to any concerns. Care would then gradually become less and less supervised, with the supervisors’ role changing to planned and unplanned observations.
– Very regular family meetings were held, in cooperation with Local Authority staff
– Mother and her family were expected to be honest with the Local Authority and putting the child’s welfare first had been a considerable focus of the work undertaken with the family
– The plan allowed for flexibility, recognising for example that a family member / friend may no longer be able to assist. In these situations, progress may be slowed down or stopped to allow time to adjust.
– If the mother was to get a new boyfriend, it was a requirement that the Local Authority would have to assess him before he was involved with the child.
In my experience the Resolutions Model can work well. It requires a lot of commitment not only from the parent, but also from their family and wider support network over a long period of time. It also requires a huge commitment from the Social Work team to find a solution that works for the children to enable them to remain within the family and to solve any issues that arise along the way. No parent should think that this is an easy option, but it may be the option that allows their child to return to the family.
The Future
Obviously, the Resolutions Model is only going to be appropriate in a small number of cases. However, it is an indication of the lengths that the Family Court is prepared to go to in order to avoid separating a child from his or her parents.
I am pleased to see the increase in the Resolutions Model being used. Its potential for successful reunification of children with their parent(s) is being more widely recognised and this gives increased hope to a lot of our parent clients that their child(ren) can be returned home, regardless of the outcome of any Finding of Fact hearing.
I am also pleased to see the local authorities in our area increasing their expertise and knowledge. There are now some local social workers with considerable experience of the Resolutions Model. Other local authorities have close working relationships with specialist providers.
Jo Taylor
March 2024