The impact of expert evidence on care proceedings

There has been an increased demand for expert child psychiatric opinion in child care cases where social services have instigated care proceedings under the Children Act 1989. However, there has been little evaluation of this work in terms of whether such a referral changes the care plan of the referring social work agency or the outcome for the child. This article examines the contribution to care proceedings of assessment reports completed by a child and adolescent forensic psychiatry team in respect of 37 consecutive child care cases. All of the assessments were presented to court and the information was collated once the proceedings were completed. Our findings indicated that the court followed the recommendations of the child psychiatric report entirely in 73% of cases. In addition, in 86% of cases the social service departments reported that they had gained confirmation of their professional opinion. In only 10% of cases did they change their care plan in response to the child psychiatric assessment. In conclusion, the results suggest that in most cases social service departments are using child psychiatry expert evidence merely to validate and/or lend support to their original care plans. Copyright © 1999 John Wiley & Sons, Ltd.     

Partnership with parents in planning the care of their children

Working in partnership with parents is a guiding principle of the Children Act. This principle is made more concrete through specific requirements of the Act, such as those relating to care plans and reviews for children looked after by the local authority. This article examines the extent to which working in partnership with parents has been translated into practice, using some of the findings from a major research evaluation of child care planning under the Children Act.     

Every Child Matters? A critical review of child welfare reforms in the context of minority ethnic children and families

This paper critically reviews some key government papers that together largely provide the foundation for the relevant child welfare reforms in England and Wales. The context of this review was to evaluate whether these papers and documents made sufficient reference to improving policies and practices for minority ethnic children and families involved in child welfare matters, given the research evidence from the early 1990s suggesting that such families may experience particular disadvantages or discriminations within the UK child welfare system. The research evidence cited draws upon studies that have considered the experiences of different minority ethnic groups from the point of referrals through to long term services, including those children who have been looked after in local authority care and those families that have been subject to care proceedings. This paper concludes that more is needed under the Every Child Matters agenda to both acknowledge and address the specific needs of minority ethnic children and their families, as identified in the range of studies published post Children Act 1989. Copyright © 2008 John Wiley & Sons, Ltd.     

Not the only way to communicate: A challenge to voice in child protection work

Children with disabilities and communication differences have consistently been failed under child protection provisions in four vital areas. We have not studied communication in relation to safety programmes, assessment process, criminal proceedings and therapeutic services. Many disabilities have communication differences inherent in the disability. For these children communication may be in the form of sign and/or symbol in conjunction with some level of English speech or speech reading. Children with multiple disability or cerebral palsy may also use a variety of computer aided communication systems with keyboards and/or voice simulators. This paper provides an overview of various communication methods which workers need to be aware of when doing child protection work with children with disabilities.     

The Social Exclusion of Disabled Children: the role of the voluntary sector in the Contract Culture

This paper argues that the role played in educational terms by special schools is being mirrored in welfare by voluntary organisations who provide separate services for disabled children. The impact of the Contract Culture is reinforcing this trend so that the imperative in the Children Act 1989 to integrate is being undermined by the growing role of Voluntary organisations as providers, rather than innovators or advocates. The paper draws on previously published research into the changes in social workers roles in relation to child protection, since the Children Act and a previously unpublished case study in a voluntary sector Project.     

Children,Parents and the State: The Children Act, 1908

SUMMARY: This article examines the first major consolidating piece of child welfare legislation in Britain, the 1908 Children Act. The focus is on the relationship established between child, parent, and state. Contemporary reasons for the need for this re-ordered relationship are suggested, but it is also argued that in certain respects parallels can be found between the Edwardian Act and that of 1989. This in turn suggests the persistence of certain issues in child welfare, and especially that of the division of responsibilities for the care of children between parents and State.     

Consulting the Children: Interviews with Children Using Residential Respite Care Services

The Children Act, 1989, requires that services for children are provided in partnership with parents and that the wishes and feelings of the child and his/her parents are ascertained and given due consideration (sect. 22). As part of a research project assessing the quality of services to children with disabilities under the Children Act, the authors carried out evaluations of six residential respite care services. The services were used mainly by children with learning difficulties, some of whom had little or no speech. Staff at the schools attended by the children were asked to interview them, so that their views could be included in the evaluation reports. Interview schedules and aids to communication were devised to try and enable all the children to express their views. This article describes the initial schedules and the changes made in the light of experience during the research. The authors then summarise the children's responses and consider how the process of consultation could be improved in future.     

Representing children's views and best interests in court: an international comparison

This paper provides a comparison of a number of alternative models of international practice in relation to the appointment and organization of guardians ad litem and other children's representatives in child care and family proceedings. The paper notes that, in their attempts to address the need for children to have representation in matters affecting their welfare, English‐speaking countries have tended to conflate the two salient Articles of the United Nations Convention on the Rights of the Child, that is, Article 3, which deals with the child's best interests, and Article 12, which deals with their right to express their wishes and feelings. Where systems other than ‘stand alone’ legal representation have been put in place, the child's representative is charged with both assessing their best interests and, often as a secondary duty, communicating their views. The paper concludes that for some groups of children in public or private law proceedings, an advocate (rather than a best interest oriented guardian, and where necessary in addition to a legal representative) may enable better representation of the child in the courts and greater participation by children in legal proceedings, an increased role for children as citizens and a fuller implementation of their rights. Copyright © 2005 John Wiley & Sons, Ltd.     

Helping parents,protecting children: ideas from Germany

This paper focuses on the help‐seeking process in the field of child welfare and, with a view to identifying some of the key conditions which facilitate the process, it examines the ways in which the German system responds to parental requests for help. It is based on recent comparative studies between English users of child welfare and protection services and a similar group in Germany and on discussions with German and English social workers. It is suggested we can usefully learn from the preventative services available in Germany under the Children and Young Persons Help Act (1990) which make both help seeking and help giving more straightforward. Copyright © 2000 John Wiley & Sons, Ltd.     

The Voice of the Child: A Legal Voice?

This article presents a legal analysis of the 'voice of the child' in family proceedings, both public and private. The evaluation is thus confined to civil law and is not concerned with young offenders within the criminal justice system. There have been significant legislative developments in the last decade arising from UK, European, and UN provisions. The article assesses the strengths and weaknesses of the rights to representation of children in these legal proceedings and in particular outlines the weaknesses in the proceedings of 'private' law about children. Making recommendations for future reform, the article argues that consistent implementation of the provisions requires greater attention to be paid to direct representation and advocacy for the child's views, in contrast to adult presentation of their own views about the best interests of the child.     

Disabled children,child protection systems and the Children Act 1989

It is now widely recognized that disabled children are particularly vulnerable to abuse but that a number of factors get in the way of protecting them. This article discusses research on the implementation of the Children Act as it applies to disabled children and the findings from in‐depth interviews with young disabled people. The research concluded that: current child protection systems are not addressing the particular needs of disabled children; the Children Act regulations on short‐term and long‐term placements are often not complied with; and disabled children and young people have little say in decisions which affect them and few opportunities to communicate their experiences. Copyright © 1999 John Wiley & Sons, Ltd.     

Young people leaving care in England,Northern Ireland,and Ireland

This paper explores the transitions of young people, aged 16-18, leaving state care in England, Northern Ireland, and the Republic of Ireland. It is based substantially upon the findings from collaborative research which developed in stages between 1991 and 1999 - and is still ongoing. Four substantive areas are discussed. First, the legal framework of the three jurisdictions: the Children Act 1989, the Children (Northern Ireland) Order 1995 and the Child Care Act 1991; second, the research context within the three child care systems; third, the findings from the three related projects; and, finally, the key themes and issues arising from the research studies.     

Kinship care of the abused child: the New Zealand experience.

The concept of continuity--keeping children within their own kinship, community, and cultural networks--has found international favor in contemporary child welfare practice. This principle is reflected in the 1989 New Zealand Children, Young Persons, and Their Families Act. The Act represents a significant shift--from the state to the family--in responsibility for children in need of care. The increasing use of the Family Group Conference process allows families to make decisions about the future of kin children and reflects the belief that, although most abuse is intrafamilial, the family will also be the most committed to keeping the child safe. Other countries have adapted this model to suit their own cultural child welfare needs. The international trend toward formal use of kinship care for children who have suffered abuse or neglect is likely to continue as foster care resources shrink. Drawing on qualitative research, this article describes the experiences of caregivers and their kin children who have been the subject of a care and protection order.     

Advocating for children of separating parents

This article draws upon the author's lay experiences of helping two sets of divorcing parents to retain contact and meaningful relationships between their young children and their non-resident fathers. It argues that the failure to take account of past parenting practices in divorce proceedings, to grant children party status and to make independent representation available to them, and to offer child-centred services to help parents to practise shared parenting post-separation, may contribute to the widespread loss of contact between children and their non-resident parents, particularly fathers. The Family Law Act 1996 promises little change.     

Social work intervention to protect children: Aspects of research and practice

This paper seeks to bring together three issues about which I have felt a nagging, persistent sense of unease over the past 10 years or more. They can be formulated thus: (a) Why is there a great divide between the professional debate on child abuse and that about other aspects of child care policy and practice; (b) Why is accepted good practice so often not carried out; (c) Why are the related implications of research so hard to translate into effective practice? These questions become even more pressing in the present political climate and in the context of the Implementation of the Children Act 1989.     

Specialist assessment in child protection proceedings: problems and possible solutions

Specialist assessment is a crucial part of child protection intervention. This review considers problems surrounding the process of obtaining a specialist assessment in the child protection process, focusing especially on mental health assessment. Difficulties identified concern different professional frames of reference and agency functions, individual influences and power differentials, communication and decision-making at child protection conferences, court proceedings, ‘sensitive costs’ and resources. Particular attention is paid to difficulties associated with the multi-agency nature of the child protection process. Possible solutions are discussed under the following headings: structures and procedures, communication and role clarity, interpersonal relationships, the role of the keyworker, consultation and the responsiveness of specialists to referrer needs. A comprehensive strategy is advocated in improving the input of specialist services to child protection proceedings. This strategy should employ a combination of structural, procedural and interpersonal approaches and its effects should be thoroughly evaluated. © 1998 John Wiley & Sons, Ltd.     

Developing interests in child care outcome measurement: a central government perspective

Over the last decade, the research interest of central government in services to children and families has covered various parts of the child care system, though the focus on evaluation of outcomes has remained constant. Major research programmes encompass the outcomes of: child protection interventions, residential care and the implementation of the Children Act 1989.     

The concept of Children in Need: The answer or the problem for family support?

This paper attempts to describe and assess the impact of the 1989 Children Act on the family support aspects of statutory child care social work. Having outlined some of the ideological challenges to family support work, it goes on to trace the main themes in the relevant professional and research literature. The family support clauses of the 1989 Children Act are outlined followed by a brief account of the dominant concerns which preceded their implementation. The findings of a recently completed study of the implementation of the Children in Need clauses of the Act, are described and brief conclusions drawn about the way in which the more negative outcomes might have been minimised, by counter-balancing the requirement for social workers to prioritise access to services, by a more robust dissemination of research findings about family support.     

How do we value our children today? as reflected by children's health,health care and policy?

SUMMARY. The importance of children in their own right and of their healthy development for the health of society, have been affirmed at an international level by the United Nations Convention on the Rights of the Child in 1989 and by the Children Act 1989 in the United Kingdom. In the UK fifteen years ago, the report of the Court Committee set out a framework for Child Health Services based on the same recognition of the value of children. This paper describes how in spite of the far-reaching recommendations made by the Court Committee, the health of children in this country is far from satisfactory; how health policy and services have failed to meet their health care needs; and how other recent legislation such as the NHS and Community Care Act may well lead to further difficulties in working for the best interests of the child.     

Laws,Conventions and Rights

SUMMARY. This article traces the developing recognition of children's rights, both at an international and national level. The UN Declaration of the Rights of the Child in 1959 and the UN Convention thirty years later provide a context within which a child's right to self-determination and autonomy have gradually become more central. The tensions between listening to children's views and the welfare of the child are examined, in relation to the Children Act, and the case is made for the need to move beyond conventions towards empowerment.