Assessment of ethnic minority families: when in Rome do as the Romans do?

Charmaine Clubb Barrister 42BR Barristers

Hazel Samuriwo and Charmaine Clubb examine the ethnic disparities in care proceedings highlighted in the research carried out by Nuffield Family Justice Observatory (‘NFJO’) in their 2023 briefing paper. The authors consider to what extent the court and social care have contributed to these disparities. They start by identifying the legal framework which forms the baseline for the court and practitioners. An exegesis of case law is presented highlighting the court’s approach and the tension that exists between taking a child’s ethnicity into account and deciding what is in their welfare interests. The authors critically explore what assessments of BAME families should consider who should assess and whether there is scope for a change in approach. The authors develop the argument that there is an urgent need for cultural competence both in social care but also from the judiciary thus avoiding the extremes of imposing Western-based ideas but also making wrong assumptions which place children at risk. Finally they address the question ‘when in Rome do as the Romans do’ and to what extent ethnicity...