Home > Child Law Project. Findings and observations for reform from 10 years’ attendance at child protection proceedings.

Corbett, Maria and Coulter, Carol (2023) Child Law Project. Findings and observations for reform from 10 years’ attendance at child protection proceedings. Dublin: Child Law Project.

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This paper marks the tenth anniversary of the establishment of the Child Law Project. It aims to bring together key material we have published over the past ten years. It briefly outlines our history, remit and activities to date; sets out the legal and policy context in which child care proceedings are heard; and provides a profile of the children and parents subject to child care proceedings. Then, drawing on ten years of attendance at child care proceedings, summarises some key findings and observations for reform and notes where progress has been made to address concerns raised.

PDF P.10 Drawing on our court reports from the High Court, we have observed that many of the children who were the subject of special care proceedings had been in care, including special care, for significant periods of their childhood. Their care needs were highly complex, often with multiple diagnoses and challenges. They presented with a spectrum of emotional and behavioural difficulties and psychological disorders. These included intellectual disability, learning difficulties, personality disorders, eating disorders, and polysubstance drug abuse. They often had a history of neglect and abuse including sexual exploitation. Many presented as severely traumatised, were engaging in selfharm, had suicidal ideation and sometimes extremely violent thoughts and behaviours towards themselves and others. 

P.11 No targeted intervention on family reunification where parental addiction is the core difficulty - Introduce a family drug and alcohol programme within the Family Court to support family reunification where it is safe and in the child’s best interests, drawing on best practice internationally and linked to community addiction services.  

P.12 2.5 Profile of the Children and Parents Subject to Proceedings
Reason for admission: Drawing on our court reports, we note that the reason for the child’s admissions to care falls into one of three categories. The majority of admissions related to a concern that the parent had neglected or abused their child or failed to protect them from harm. Some admissions were focused on the child’s presentation with emotional, behavioural or mental health difficulties. A third group consisted of those who had no adult responsible for the child, such as unaccompanied minors (separated children seeking international protection), or where a parent was dead or absent (often related to addiction).
Profile of the Parents: Many parents were experiencing multiple difficulties which hindered their ability to care for the child, including mental health and addiction problems, often accompanied by domestic violence, homelessness and social isolation. Cognitive impairment also featured in many such cases. Ethnic minority parents – migrants, Travellers and Roma – were disproportionately represented in child care proceedings. Another group that is overrepresented are parents who themselves spent time in care.
Profile of the children: A common thread in many, but not all cases, is that the child has experienced traumatic events and suffered harm, including numerous incidents of abuse and chronic neglect, including serious sexual assault, death threats and non-accidental injury, the untimely or violent death of a parent or other close relative, experiencing homelessness, and witnessing domestic violence, being exposed to inappropriate sexual material or behaviour, living with a parent with a substance addiction or who was self-harming. A significant proportion of cases make reference to the child having special needs and disabilities.
Drawing on our court reports from the High Court, we have observed that many of the children who were the subject of special care proceedings had been in care, including special care, for significant periods of their childhood. Their care needs were highly complex, often with multiple diagnoses and challenges. They presented with a spectrum of emotional and behavioural difficulties and psychological disorders. These included intellectual disability, learning difficulties, personality disorders, eating disorders, and polysubstance drug abuse. They often had a history of neglect and abuse including sexual exploitation. Many presented as severely traumatised, were engaging in selfharm, had suicidal ideation and sometimes extremely violent thoughts and behaviours towards themselves and others.

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