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

Recent judicial guidance aims to decrease the number of mothers required to attend child care proceedings shortly after giving birth. This move responds to growing concerns about the rising frequency of urgent court applications involving newborns where safeguarding issues are present.

A BBC investigation shed light on the stress faced by mothers attending court while still recovering from childbirth. The new instructions from the Judiciary clarify that same-day hearings should be reserved strictly for situations where a child’s immediate safety is at risk. This approach seeks to ensure that urgent court interventions focus only on cases that truly warrant them.

Research from the Nuffield Family Justice Observatory revealed that over 70% of care proceedings involving infants were emergency hearings held within two days of application. Emma Smale, head of practice and policy at the Observatory, described the updated guidance as a “welcome focus” on reducing unnecessary urgent care proceedings. She highlighted a doubling in same-day hearings for newborns in England and Wales over the past decade, noting the trauma endured by mothers when separated from their infants so soon after birth.

The revised guidance requires applicants requesting emergency or short-notice hearings to provide evidence justifying the urgency. Cases that do not meet the strict criteria will be scheduled for standard hearings to allow parents more time to respond. Additionally, a Newborn Baby Protocol has been introduced to promote fairness for both children and parents in cases initiated immediately after birth. This protocol emphasizes early involvement of local authority services and mandates that a Family Group Decision Making Meeting be offered to parents before any care order application, aligning with the Children’s Wellbeing and Schools Act 2026