Solicitors’ experiences of representing parents with intellectual disabilities in care proceedings: attitudes, influence and legal processes

Abstract

This paper reports on an exploratory study of the role of solicitors acting for parents with intellectual disabilities (ID) in public law proceedings. The paper draws on in-depth interviews with 11 solicitors and a subsequent focus group in which the interview findings were presented and reflected on by six of the eleven participants. Two of the five themes that emerged will be discussed here. They are entitled ‘Attitudes and Influence’ and ‘Legal Processes’ and concern the attitudes and influence of those involved in assessing, supporting and representing parents with ID and the care proceedings processes encountered by parents with ID.

Keywords:

• solicitors
• care proceedings
• parents with intellectual disabilities
• legal processes

Disclosure statement

No potential conflict of interest was reported by the authors.

Notes

1. In the United Kingdom the term ‘learning disabilities’ continues to be used by health and social services although the term ‘intellectual disabilities’ is now predominantly used in academic circles and in other English-speaking countries to describe individuals who, according to the World Health Organisation, have ‘a state of arrested or incomplete development of the mind’ (Holland 2011), However, there is significant criticism and controversy regarding the labelling of individuals in this way from academics (for example, Chappell, Goodley, and Lawthom 2001; Rapley 2004), individuals themselves labelled as such, and their advocates (Goodley 2001).

2. CAFCASS is an independent public body accountable to the Secretary of State for Education (CAFCASS 2013). CAFCASS guardians are appointed to represent the interests of the child(ren) in proceedings when the judge decides to make the child(ren) a party to the case under Rule 16.4 of the Family Procedure Rules 2010 (CAFCASS 2011).

3. ‘Good enough’ parenting is a term commonly used in legal and policy documents to describe the standard of parenting skill required. ‘We can define good enough parenting as a process that adequately meets the child’s needs, according to prevailing cultural standards which can change from generation to generation’ (Hoghughi and Speight 1998, 293).

4. Participant 10 is referring to a number of changes made by the UK government outlined in Family Procedural Rules (Ministry of Justice 2013b) restricting the use of expert witnesses in care proceedings.

5. Magistrates are unpaid appointees and have no legal qualifications. They undertake three-day basic training in the law before sitting. Usually cases are heard by a panel of three magistrates. The rationale for the use of magistrates is that three lay people from the community are better placed to judge certain cases than a district judge with a background in law.

6. A District Judge of the County Court and a legal adviser review all cases and allocate them to the Family Proceedings Court, the County Court, or the High Court. If the case is to be heard in the Family Proceedings Court or the County Court, they will also decide whether or not to allocate to a District Judge. Subsequent applications for transfer of the proceedings to another court can be made by a party to the proceedings (i.e. by legal representatives acting on behalf of the parent(s), child or LA) (Judiciary 2013).