The Family Drug and Alcohol Court explained
By Lauren Unsworth
The Family Drug and Alcohol Court, or FDAC for short, is a specialised court in the UK designed to address cases where parental substance abuse impacts the children in their care. It offers an alternative to the traditional family court model, focusing on rehabilitation and keeping families together whenever possible.
The FDAC team is currently located in 19 courts around the UK, including Leeds Family Court.
The key features of FDAC
- Specialised team: FDAC has a team of professionals, including social workers, psychologists, and substance misuse specialists. They work together to support parents in overcoming addiction while prioritising the well-being of their children.
- Collaborative approach: Unlike traditional courts, FDAC uses a non-adversarial approach. The focus is on cooperation between parents and professionals to create a supportive environment for parents to address any addiction problems.
- Therapeutic model: FDAC operates under a therapeutic model. This model emphasises recovery, personal responsibility, and positive parenting. Parents can engage in treatment programmes and receive regular feedback on their progress.
- Judicial continuity: One of the unique features is judicial continuity, meaning the same Judge hears a family's case throughout, helping to build trust and accountability.
- Time-limited process: The process is time-limited, generally running for up to a year, with regular reviews to assess progress. Suppose parents fail to engage or show improvement. In that case, the Court will decide the child's best interests, including removal from parental care.
What are FDAC's goals?
FDAC has been praised for its holistic approach, providing families with the support they need for change and rehabilitation. It has also been shown to reduce re-entry into care systems for children when parents have successfully completed treatment programmes.
FDAC advise their goals are:
- Helping parents recover from substance abuse.
- Reuniting families where possible.
- Ensuring children's safety and well-being
Who will the FDAC help?
FDAC is most likely to help families already demonstrating a willingness to change. Participation in the FDAC programme is voluntary, and families who refuse to participate will undergo the standard care proceedings.
The most recent statistics
The current statistics for 2024 have yet to be published. However, the National Centre for Social Research was commissioned to assess and understand the impact of FDAC. They published their report in August 2023, which found the following:
- Children in FDAC care proceedings were more likely to be reunited with their primary carer at the end of the care proceeding.
- A higher proportion of FDAC parents had ceased to misuse drugs or alcohol by the end of the proceedings (33.6% versus 8.1%).
- The proportion of contested hearings was lower for FDAC than standard care proceedings (4.2% versus 23.8%).
- Children in FDAC sites had a lower probability of being placed in local authority care compared with children in non-FDAC care proceedings (28.6% versus 54.7%).
What if social workers want to take me to court to remove my children?
It is essential to have legal representation to support you during the court process. Parents whose children are removed from their care are entitled to Legal Aid to cover the cost of representation.
If you contact us, a member of our specialist Childcare department can assess and apply for Legal Aid on your behalf and provide expert advice and representation at any upcoming court hearings.
Are you a parent or carer of children involved with social services?
Our dedicated Childcare team is here to help. We understand how challenging and overwhelming this process can be, and our experienced solicitors are ready to provide you with the expert support and guidance you need.
Don't face this alone – get in touch today and let us stand by your side to protect your family's rights and interests. Contact us now for a free, confidential discussion at 0800 138 0458 or email care.enquiries@switalskis.com