Can a family drug and alcohol court in care proceedings help prevent substance misuse relapse and reunification breakdown? Lessons from a follow-up study

Background In 2008 the first Family Drug and Alcohol Court (FDAC) in care proceedings in England was opened. Adapted from an American model of problem-solving courts, FDAC differs radically from ordinary care proceedings... [ view full abstract ]

Background
In 2008 the first Family Drug and Alcohol Court (FDAC) in care proceedings in England was opened. Adapted from an American model of problem-solving courts, FDAC differs radically from ordinary care proceedings because it treats as well as adjudicates. Its main aims are to help parents stop misusing drugs and alcohol so that they can be reunited safely with their children. If that is not possible, the goal is to place the children in an alternative permanent family swiftly.

A number of key features distinguish FDAC from ordinary court. First, a multidisciplinary team assesses and treats parents, links them to community services and advises the court on their progress. Second, the judge plays a problem-solving role, meeting the parents fortnightly to build motivation and remind parents of their responsibilities and consequences of failure to address difficulties. These review hearings, which take place without lawyers, are the therapeutic component of FDAC. Parents in ordinary proceedings do not talk directly to the judge and lawyers attend all hearings.

The case to develop FDAC was strong because research indicates that 60%-70% of all care proceedings involve parental substance misuse and further returns to court are common. Outcomes for both parents and children are frequently poor. The impacts on family justice and children’s social care are particularly detrimental, but repercussions on the health and criminal justice sectors are also significant. The growth of FDACs has been substantial and today a number of sites across England are implementing the FDAC approach, supported by an FDAC National Unit. The long term objective of the President of the Family Division and Head of Family Justice is to embed FDACs across England.

Evaluation of FDAC
FDAC has been evaluated by Brunel University London from its inception http://www.nuffieldfoundation.org/evaluation-pilot-family-drug-and-alcohol-court. The research has used a mixed-methods methodology comparing outcomes of cases in the three FDAC pilot authorities with cases from three comparison authorities which went through ordinary care proceedings.

Results
In this talk, we will present findings from the three/five year follow-up of FDAC and comparison cases and discuss their implications.

Discussion
Key issues for the discussion will be the contribution of the problem-solving court model in effecting change, the sustainability of reunification and the role of supervision orders to supporting these very vulnerable families.

The central question is the extent to which the FDAC model can intercept the cycle of harm resulting from parental substance misuse and associated psychosocial problems and prevent recurrence of child maltreatment and neglect. The discussion also aims to promote debate on European approaches to tackling serious child maltreatment resulting from parental substance misuse where the appropriateness of reunification or child removal is the key issue.