The impact of the Born into Care research programme led by Lancaster University continues to be felt at the highest levels of the family justice system.

This week, the Family Court judiciary launched a national consultation on draft guidance designed to reduce the volume of short notice applications in public law children proceedings and to improve consistency in gatekeeping and case management.

Through a series of briefings for the Nuffield Family Justice Observatory, Professor Karen Broadhurst and colleagues first exposed the scale of urgent care proceedings issued in the immediate post-partum period. This work raised significant questions about women’s Article 6 rights under the European Convention on Human Rights — the right to a fair trial.

Building on this evidence, Professor Broadhurst published:

Broadhurst, K., Mason, C., & Ward, H. (2022). Urgent Care Proceedings for New-born Babies in England and Wales – Time for a Fundamental Review, International Journal of Law, Policy and the Family, 36(1), ebac008. https://doi.org/10.1093/lawfam/ebac008

The article has continued to catalyse reform across the judiciary and local authorities.

In November 2024, the Family Executive Team — chaired by Mr Justice Keehan in his role as Lead Family Presiding Judge on behalf of the President of the Family Division — established a Short Notice Applications Working Group in response to growing concern about the prevalence of urgent applications. Professor Broadhurst joined the group, which brought together members of the Court of Appeal, High Court, Circuit and District Bench, alongside representatives from HM Courts & Tribunals Service (HMCTS), Cafcass, Cafcass Cymru, the Department for Education, local authority lawyers, the Nuffield Family Justice Observatory and the Chief Social Worker for Children and Families (England).

This cross-sector collaboration has produced draft national documents including:

• Guidance on Short Notice Applications
• A Newborn Baby Protocol
• A suite of Template Orders

The draft guidance seeks to reduce the number of urgent applications to the courts for newborn babies and to promote more consistent, rights-compliant practice.

Professor Broadhurst will present at the official launch and consultation event on 26 February, alongside the President of the Family Division and senior judges leading this programme of national reform.

The draft guidance and consultation details can be accessed here:

https://www.judiciary.uk/guidance-and-resources/have-your-say-on-guidance-relating-to-short-notice-applications-in-the-family-courts/