‘Substituted parenting’ – what does this mean for parents with learning disabilities in the family court context?

This webinar presents findings from the first study of the use of the term/concept ‘substituted parenting’ in the family court when parents with learning disabilities are involved in care proceedings.

The term appears to be being used by local authorities when the support they have identified as necessary is extensive and they consider the high level of support required equates to ‘substituted parenting’ which, they say, is detrimental as it confuses children as to who the parent is. This tends to lead to the children being removed. e.g. A Local Authority v G (Parent with Learning Disability) [2017], although it is not clear what the courts understand by the term ‘substituted parenting’:

“Whether the situation I have described could or indeed should be described as "substituted parenting" is a matter for others to decide... In the absence of a clear description of the dynamic that defines what substituted parenting is, …” (PQR - Supported Parenting For Learning Disabled Parents [2018].

Published court judgments have shown no definition of the term or evidence of analysis of the perceived risk, or exploration of options to address that risk. The Court of Appeal recently considered this aspect in re H (Parents with Learning Difficulties: Risk of Harm) [2023].

Judges, lawyers, social workers, children’s guardians and independent advocates were interviewed for this study; parents with learning disabilities participated in focus groups.

The Report makes a series of recommendations that aim to develop more transparent, consistent and fair processes for parents with learning disabilities and their children.

The webinar will take place over Zoom and joining details will be emailed nearer the date. Places are free but must be booked via Eventbrite.

The project was funded by the Nuffield Foundation, but the views expressed are those of the authors and not necessarily the Foundation. Visit www.nuffieldfoundation.org.