Getting it right in time: parents who lack litigation capacity in public law

Researchers: Penelope Welbourne | Philip Bates

Project overview


This exploratory study will provide the basis for the first research into the issue of parents who lack litigation capacity in child care proceedings. Most parents who lack litigation capacity have learning disability or mental health problems and robust processes are needed to support them. This research will follow the care proceedings process from identification of a lack of litigation capacity/referral to the Official Solicitor, through to pre-proceedings and care proceedings.

It aims to explore the feasibility of carrying out an in-depth study that would look at the way courts and key professionals manage conflicting pressures in cases where parents lack capacity in care proceedings and to identify how these parents can be best supported through care proceedings while meeting other priorities, such as those relating to child welfare.

This feasibility study will involve:

  • A literature review
  • A review of 20 case files
  • Interviews with case workers within the Office of the Official Solicitor, judges, parent advocates, local authority legal advisers and Cafcass guardians
  • Observations of 10 court hearings.

Latest on this project


Team


  • Penelope Welbourne
    Plymouth University
  • Philip Bates
    Plymouth University

  • Imogen Parker
    Nuffield Foundation
  • Director, Justice
    Nuffield Foundation

Explore our projects

Empty-street-with-cyclist-and-pedestrian-in-distance-Law-and-compliance-during-COVID-19-PROJ
New

Justice | 2020 - 2021

Law and compliance during COVID-19

View project
New

Justice | 2020 - 2022

Youth custody: Educational influences and labour market consequences

View project
Serious-teenage-girl-gestures-as-sits-on-couch-in-school-counselor-office-Mental-health-service-provision-for-children-state-care-England-PROJ
New

Justice | 2020 - 2021

Mental health service provision for children in state care in England

View project
In progress

Justice | 2019 - 2022

Understanding criminogenic influences on youth offending

View project
In progress

Welfare | 2019 - 2023

Children living with domestic violence: effects on children’s well-being

View project
In progress

Justice | 2019 - 2021

The Edinburgh Study: causes and impacts of criminal justice pathways

View project
In progress

Justice | Welfare | 2019 - 2021

Girls and women with experience of care and the criminal justice system

View project
In progress

Justice | Welfare | 2018 - 2020

The implementation of new rules and guidance for permanent foster care

View project
Woman-carries-daughter-to-council-house-COVID-19-families-low-income-poverty-in-pandemic-PROJ
In progress

Justice | 2018 - 2020

Paths to administrative justice in Wales

View project
In progress

Justice | Welfare | 2018 - 2021

System conditions and welfare inequalities in children’s services

View project
In progress

Justice | Welfare | 2018 - 2020

Looked after children grown up

View project
Reported

Justice | Welfare | 2018 - 2019

Pathways of incarcerated children in care

View project
Serious-teenage-girl-gestures-as-sits-on-couch-in-school-counselor-office-Mental-health-service-provision-for-children-state-care-England-PROJ
New

Justice | 2020 - 2021

Mental health service provision for children in state care in England

View project
New

Justice | 2020 - 2022

Youth custody: Educational influences and labour market consequences

View project
Empty-street-with-cyclist-and-pedestrian-in-distance-Law-and-compliance-during-COVID-19-PROJ
New

Justice | 2020 - 2021

Law and compliance during COVID-19

View project
In progress

Welfare | 2019 - 2023

Children living with domestic violence: effects on children’s well-being

View project
In progress

Justice | 2019 - 2022

Understanding criminogenic influences on youth offending

View project
In progress

Justice | 2019 - 2021

The Edinburgh Study: causes and impacts of criminal justice pathways

View project
Reported

Justice | Welfare | 2015 - 2018

Bridging the Evidence Gap in Family Proceedings

View project
Reported

Justice | 2016 - 2018

The impact of Litigants in Person on the Northern Ireland court system

View project
Reported

Justice | 2016 - 2017

Transparency and privacy in family courts

View project
Reported

Justice | 2016 - 2019

Implementation of recommendations of the Carlile report

View project
In progress

Justice | 2017 - 2020

Enhancing problem-solving practice in youth court

View project
In progress

Justice | 2013 - 2019

Timely disclosures mean timely interventions for young offenders and victims

View project
Empty-street-with-cyclist-and-pedestrian-in-distance-Law-and-compliance-during-COVID-19-PROJ
New

Justice | 2020 - 2021

Law and compliance during COVID-19

View project
New

Justice | 2020 - 2022

Youth custody: Educational influences and labour market consequences

View project
In progress

Justice | 2019 - 2022

Understanding criminogenic influences on youth offending

View project
In progress

Welfare | 2019 - 2023

Children living with domestic violence: effects on children’s well-being

View project
In progress

Justice | 2019 - 2021

The Edinburgh Study: causes and impacts of criminal justice pathways

View project
In progress

Justice | Welfare | 2019 - 2021

Girls and women with experience of care and the criminal justice system

View project
In progress

Justice | Welfare | 2018 - 2020

The implementation of new rules and guidance for permanent foster care

View project
Woman-carries-daughter-to-council-house-COVID-19-families-low-income-poverty-in-pandemic-PROJ
In progress

Justice | 2018 - 2020

Paths to administrative justice in Wales

View project
In progress

Justice | Welfare | 2018 - 2021

System conditions and welfare inequalities in children’s services

View project
In progress

Justice | Welfare | 2018 - 2020

Looked after children grown up

View project
In progress

Justice | 2017 - 2020

The Mental Health MHTS For Scotland

View project
In progress

Justice | Welfare | 2017 - 2020

Birth fathers’ recurrent appearance in care proceedings

View project
Reported

Justice | Welfare | 2018 - 2019

Pathways of incarcerated children in care

View project
Reported

Justice | Welfare | 2017 - 2018

Visualising data in care proceedings

View project
Reported

Justice | Welfare | 2017 - 2018

Addressing the ‘care cases’ crisis: a sector-led review

View project
Reported

Justice | 2017 - 2019

Immigration judicial reviews

View project
Couple of African descent attends couples counselling to discuss finding fault in divorce
Reported

Justice | Welfare | 2017 - 2020

Pensions on divorce interdisciplinary working group

View project
Siblings play ball in a playground - Siblings Contact and the Law
Reported

Justice | Welfare | 2017 - 2019

Siblings, contact and the law: an overlooked relationship?

View project
Reported

Justice | Welfare | 2017 - 2019

Measuring outcomes for children’s social care services

View project
Reported

Justice | 2016 - 2018

The dissemination of lessons from research to the Judiciary

View project
Reported

Justice | 2016 - 2018

The impact of Litigants in Person on the Northern Ireland court system

View project
Reported

Justice | 2016 - 2017

Transparency and privacy in family courts

View project
Reported

Justice | 2016 - 2019

Implementation of recommendations of the Carlile report

View project
Reported

Justice | Welfare | 2015 - 2016

Feasibility study for research into improving children’s social services

View project
Search projects

We aim to improve people’s lives by funding research that informs social policy, primarily in Education, Welfare and Justice. We also fund student programmes that give young people skills and confidence in science and research.

We are an open, collaborative and engaged funder that offers more than money. Through connecting the individual projects we fund, we strengthen their collective impact and give voice to an overarching narrative.

Profile

COVID-19 response

Nuffield-funded social scientists are conducting COVID-19 research in real-time, to capture people’s experiences of the social, cultural and economic impacts of the pandemic.