Lara Prendergast Lara Prendergast

The sinister power of family courts

Even if decisions are obviously cruel and unjust, the public is often not allowed to know

issue 09 September 2017

It’s right that some children are taken into care. One case in point is that of Ayeeshia-Jayne Smith, the toddler who was stamped to death by her violent young mother in 2014. She was known to social services for all of her short life, from the point when her pregnant mother was found living in a garage, but she was never removed. This week, a serious case review found that social workers ‘missed the danger signs’.

Danger signs. A nebulous phrase with numerous interpretations. In tragic cases like this one, the danger signs are ignored, possibly because it is tempting for social workers to avoid dealing with the most aggressive and confrontational families. Because of the strict secrecy surrounding family courts, it is often only when these cases arrive in a criminal court that we get a glimpse of how badly some children are let down. But there’s another risk: the opposite side to Ayeeshia-Jayne’s story. Should social workers choose to see ‘danger signs’ in the wrong places, it’s all too easy for children to be taken away from perfectly functional homes.

Last year I wrote a Spectator piece about women with postnatal depression who were made to feel at risk of having their children removed. This common condition seemed to have become a new ‘danger sign’. Afterwards I received a number of emails from readers whose families had, for various reasons, been broken apart in the courts. They knew that discussing their stories was risky, but they chose to anyway.

One letter came from a university–educated professional couple. The wife had been ill to the point where she could barely get out of bed, but officials would not believe that the husband would be able to look after their child while she recovered.

GIF Image

You might disagree with half of it, but you’ll enjoy reading all of it

TRY 3 MONTHS FOR $5
Our magazine articles are for subscribers only. Start your 3-month trial today for just $5 and subscribe to more than one view

Comments

Join the debate for just £1 a month

Be part of the conversation with other Spectator readers by getting your first three months for £3.

Already a subscriber? Log in