By Islam El-Sakka
New guidance issued to judges in England aims to reduce the number of mothers required to attend family court hearings within hours or days of giving birth. The changes follow concerns about a rising number of urgent care applications for newborns and a BBC investigation that highlighted the traumatic impact on mothers recovering from labour.
Same-Day Hearings Limited to Immediate Safety Risks
The Judiciary's guidance states that same-day hearings should only be granted if a child's immediate safety is at risk, ensuring intervention is "focused on cases that genuinely require it." Applicants seeking emergency or short-notice listings within five days must now justify the urgency with evidence. If a judge disagrees, the case will receive a standard listing between 12 and 18 days.
Data Shows Rise in Emergency Hearings for Newborns
Research from the Nuffield Family Justice Observatory found that over 70% of care proceedings involving babies in England were emergency hearings within two days of application. The proportion of newborns subject to same-day hearings doubled over a decade, from one in ten in 2012-13 to one in five in 2022-23. Emma Smale, the observatory's head of practice and policy, described the guidance as a "welcome focus" on an issue that separates mothers from babies at a deeply traumatic time.
New Protocol Aims for Fairer Process
A Newborn Baby Protocol has also been introduced to provide a "greater level of fairness for child and parents" when care proceedings begin immediately after birth. In England, early referral and assessment by local authority children's services will ensure timely preventative help, including identifying and strengthening family networks where appropriate.
Early Referral and Family Meetings Required
The protocol mandates that a Family Group Decision Making Meeting must be offered to parents before any care order application, in line with the Children's Wellbeing and Schools Act 2026. The Judiciary said the measures are intended to give parents time to respond effectively and reserve urgent judicial intervention for cases that truly need it.
