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Fewer mothers to appear in court days after giving birth under new guidance

Fewer mothers to appear in court days after giving birth under new guidance

Summary

New guidance for judges in England aims to reduce same-day and short-notice court hearings for newborns in child-care proceedings. Courts should grant same-day hearings only when a child’s immediate safety is at risk, while applicants for urgent hearings must provide evidence explaining the need for them.

Key Facts

  • The guidance says same-day hearings should be extremely rare and limited to cases where a child’s immediate safety would be compromised without court intervention.
  • Applicants seeking an emergency or short-notice hearing, held within five days, must provide evidence to justify the urgency.
  • If a judge rejects the requested urgency, the case will generally be listed between days 12 and 18.
  • More than half of urgent care hearings in England in 2024-25 involved newborns, according to the article.
  • Research found that more than 70% of care proceedings involving babies in England were emergency hearings within two days of an application.
  • The share of newborn cases in England and Wales with a same-day hearing rose from one in 10 in 2012-13 to one in five in 2022-23, according to Emma Smale of the Nuffield Family Justice Observatory.
  • A new Newborn Baby Protocol calls for a Family Group Decision Making Meeting to be offered to parents before a care order application, in line with the Children’s Wellbeing and Schools Act 2026.
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