Navigating the Family Drug and Alcohol Court

The Family Drug and Alcohol Court (FDAC) is a specialist court designed to support parents involved in care proceedings due to substance misuse. However, many parents entering FDAC also face challenges such as mental health issues or experiences of domestic abuse.

FDAC takes a proactive, problem-solving approach to help parents address the issues that led to local authority intervention. By working closely with social workers, adult treatment services, and judges, FDAC aims to give families the best possible chance of staying together.

Who is Suitable for FDAC?

Cases are referred to FDAC by local authorities, which determine whether a case is suitable based on factors such as:

Parental drug and alcohol use being the primary or a significant concern.
The parents demonstrating a genuine willingness to make meaningful changes in their lives.

What is a Trial for Change?

Parents who enter FDAC participate in a Trial for Change, where they follow a personalised intervention plan developed with the FDAC team.

The Trial for Change offers parents the best possible opportunity to address substance misuse and other challenges within a timeframe that prioritises their child’s needs. The goal is to strengthen the parent-child relationship and assess whether parents can make sufficient progress to care for their child safely.

This process also encourages open and transparent communication between parents and professionals, ensuring that everyone understands what is required, when, and why.

The FDAC Process

Parents have the choice to join FDAC. They can:

Enter FDAC immediately.
Opt for traditional care proceedings instead.
Take some time to decide.

Key Stages of the FDAC Process:

First Court Hearing:
- The judge asks whether the parent would like to undergo the initial FDAC assessment.
- If they agree, they join FDAC immediately and meet the FDAC team.
Assessment & Intervention Plan:
- Between the first and second hearing, parents undergo an assessment at the FDAC office.
- An Intervention Planning Meeting takes place with parents, social workers, and guardians to create an agreed plan.
- This plan is regularly reviewed and adjusted as needed.
Trial for Change & Ongoing Hearings:
- Parents begin the Trial for Change with a key worker providing direct support.
- Parents attend fortnightly informal hearings (Non-Lawyer Reviews) where they can speak directly to the judge and discuss progress.
- Parents work closely with professionals, including specialists in domestic abuse and substance misuse.

The Benefits of FDAC and Its Impact on Care Proceedings

Research from Lancaster University and Brunel University has shown that FDAC leads to better outcomes compared to traditional care proceedings. Findings include:

Higher rates of parental recovery by the end of proceedings.
50% more children returning to parental care compared to standard care proceedings.
Greater long-term stability for families.
Parents feeling better supported and listened to throughout the process.

Real-World Impact: Case Examples

In the 2024 case of Gloucestershire County Council -v- A and Others, the court granted a Supervision Order allowing a child to remain with their parents. This was largely due to their successful abstinence from non-prescription drugs and their commitment to long-term recovery through FDAC.

Similarly, in London Borough A v A & Ors, FDAC played a vital role in helping parents address domestic abuse issues that had led to neglect. The judge recognised FDAC’s unique ability to support parents in reflecting on their experiences and achieving meaningful change.

Judicial Support for FDAC

Judges have highlighted the transformative impact of FDAC on families. In the Gloucestershire case, District Judge Tait remarked:

“FDAC is vital to the family justice system. It is built upon the ethos that no family wants their child to suffer and that every family in difficulty wants to make things better. People can change if they are offered the right support. Children belong with their parents if that can be safely achieved.”

Similarly, in the London Borough case, District Judge Hughan praised FDAC’s ability to support parents affected by domestic abuse, stating:

“The FDAC model of working is absolutely suited to helping parents who are afflicted by domestic abuse to reflect on their experiences, gain greater insight, and achieve required change.”

About the Author

Lucy Yeung is a Caseworker in the Child Care department at Duncan Lewis Solicitors, based in the Birmingham office. She advises and assists clients in both private and public law children matters, as well as cases involving domestic abuse, non-molestation orders, and occupation orders.

For advice or assistance on family matters, please contact Lucy via email at lucy@duncanlewis.com

Duncan Lewis Solicitors

Duncan Lewis Solicitors is an award-winning law firm, is renowned for its exceptional legal services and commitment to justice. The company employs a team of highly skilled solicitors offering top-tier representation in 25 fields of law, and ranked as top tier by the Chambers and the Legal 500 legal guides, and as one of the top 250 law firms in the country by the Times. Duncan Lewis was crowned Law Firm of the Year award at the Lexis Nexis awards 2024, further establishing its credentials as one of the leading law firms in the UK.