Social services departments warned over ‘misuse and abuse’ of short-term placements

The most senior family court judge in England and Wales has told social services bosses that “misuse and abuse” of legislative provisions aimed at providing short-term accommodation to children who need a safe home “must stop”.

Sir James Munby today said there had recently been a “litany” of rulings in which family court judges had criticised local authorities for “misuse” and “in some cases plain abuse” of the provisions – contained in the 1989 Children Act.

Provisions give local authority bosses power to place children into foster care – in circumstances where a child has been “lost or abandoned” or has no-one with “parental responsibility”.

But Sir James suggested that too often youngsters were unfairly being kept in foster placements for long periods – not knowing where they would live in the long-term.

He raised concerns after analysing a case where two children were placed in foster care in accordance with the provisions – but remained in that placement for nearly 18 months.

Sir James said judges should make final decisions about the long-term future of children in such circumstances within seven months of the launch of family court care proceedings by local authorities.

“The misuse and abuse of (provisions) in this context is not just a matter of bad practice,” said Sir James, who is the President of the Family Division of the High Court and a Court of Appeal judge.

“It is wrong; it is a denial of the fundamental rights of both the parent and the child; it will no longer be tolerated; and it must stop.

“Judges will and must be alert to the problem and pro-active in putting an end to it.”

Sir James had headed a three-strong Court of Appeal panel which analysed the case involving the two children at a hearing in London.

He said the children were Hungarian.

And he said a judge sitting in the High Court – Judge Clifford Bellamy – had ruled that decisions about their long-term care should be transferred to a court in Hungary.

The local authority which had responsibility for their care had argued that Judge Bellamy had been wrong.

But three appeal judges dismissed an appeal.

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