Child protection under Swedish law—legal duality and uncertainty

Society's responsibility to protect children from harm as prescribed by the UN Convention on the Rights of the Child raises complex questions about the fundamental rights of both children and parents, as well as when and how authorities are to intervene in order to protect children from maltreatment. Many child protection systems around the world attract considerable criticism, due in part to how the law responds to child protection matters. This article examines the Swedish child protection system from a critical legal perspective with the ideas conveyed within Therapeutic Jurisprudence as a theoretical starting point. The aim is to describe and analyze the legal challenges and dilemmas that meet this system. A legal ambiguity about when and how responsible authorities are to intervene, leading to significant uncertainty for both children and parents, is identified. Furthermore, the strong focus by Swedish authorities on voluntary measures to resolve child protection matters can lead to vulnerable children not receiving the protection to which they are entitled. Certain of the challenges and dilemmas described here are specific to the Swedish system due to its legal context and family support approach. However, other aspects resonate across legal systems and, therefore, may be of a more general interest.     

Concluding commentary: Varied perspectives on child welfare

A fuller understanding of the child welfare system requires its examination from multiple perspectives, as is demonstrated in this special issue. Until recently, the perspectives of mothers involved in child protection and whose children had been placed in foster care had been particularly neglected. This special issue contributes to progress in the research literature in this regard. Questions are raised about the nature of the interactions between the mothers and the child protection system, and the compatibility of those interactions with effective service delivery. This commentary concludes with the suggestions that we seek better ways to structure the child welfare system, and that a social movement composed of parents involved in that system, children in foster care, caseworkers and administrators, and researchers, all united as allies, might be necessary to effect such change.     

Comparing child protection decision-making in England and Finland: supervised or supported judgement?

ABSTRACT

Systems for the protection of children have evolved differently across nation states. Studies have identified contrasting system ‘orientations’, related to how child protection problems are framed and how organisations respond in different contexts. In this study, the influence of national and organisational factors on practice-level decision reasoning by social workers has been compared. Interviews were conducted with 30 child protection social workers in sites across England and Finland, structured around two hypothetical case vignettes. While similarities were observed in how the social workers responded to the vignettes, there were differences in the nature and extent of managerial involvement described, with the English social workers appearing to rely on managerial input for decision-making to a greater extent than the Finnish social workers. These findings suggest evidence for two distinct organisational approaches to decision-making: ‘supervised’ and ‘supported’ judgement. Here, supervised judgement describes a hierarchical, ‘top-down’ form of decision-making, while supported judgement describes a more horizontal and shared decision-making approach. The lens of comparative methodology has revealed how these organisational factors come into play in different child protection systems. The practice implications of supervised, manager-led approaches to decision-making, as contrasted with supported, team-led approaches, are discussed.     

Obstacles for child participation in care and protection cases—why Norwegian social workers find it difficult

Although some attempts are being made to increase children's participation in Norwegian child protection cases, much needs to be done in order to comply with the participation principle in the United Nations Convention on the Rights of the Child. This paper reports on a study of factors that are likely to predict if social workers will attempt to give children an effective voice in decision making processes. 53 child protection case managers and 33 social work students participated in a questionnaire survey in which they were asked to agree or disagree with 20 statements about child participation. Statistical factor analysis was used in order to identify underlying factors in the dataset. The results suggest three main reasons for children not being allowed to participate: communication difficulties (communication factor); because child participation was not deemed necessary (participation advocacy factor); or that participation was considered inappropriate because it might be harmful (protectionism factor). This research suggests that, if we are to improve participation within the child protection system, formal regulations and guidelines need to be accompanied by a greater attention to development of social work skills in working with children through participatory processes. Copyright © 2010 John Wiley & Sons, Ltd.     

Child protection systems within the Danish,Finnish and Norwegian welfare states—time for a child centric approach?

This article explores the relationship between the child protection systems and the Nordic welfare state in Denmark, Finland and Norway. Despite an ideological focus on prevention and provision of a fair amount of universal services and in-home child protection services for families and children, there is, nevertheless, a relatively high number of children in the child protection system, even children placed out of their home. The outcome of child protection seems to be relatively poor. One of the problems in the present child protection systems is related to questionable service provision within the system. Other problems are about the normative foundation for the system, for example, family orientation and the least intrusive principle. Such principles are closely related to the logic of universal services, and may as such ignore the diversity of needs, rights, risks and ages of children needing protection and related services. Consequently, many principles of the present child protection systems are – and will remain – challenged by a child-centric orientation, in which valuing children's needs, rights and voice in situ are central.     

Rights and the role of family engagement in child welfare: an international treaties perspective on families' rights, parents' rights, and children's rights

According to international human rights treaties, what rights do family members, parents, and children have in family engagement in child welfare decision-making? A socio-legal analytical approach produces a typology of rights, then applies the typology to eight countries' approaches to family engagement to show that strong bundles of rights are available in some countries, but not in others. This study reveals international treaties have articulated many rights necessary to family engagement, but some rights are missing.     

Balancing Autonomy Rights and Protection: Children’s Involvement in a Child Safety Online Project

Researchers who involve children in their research are faced with the challenge of choosing between differing theoretical approaches which can prioritise children’s autonomy rights or their ‘vulnerability’ and their need to be protected. Somewhat confusingly, ethical guidelines seem to reflect a combination of these approaches. Even when researchers have settled on their preferred approach, they may find that this then has to be modified in accordance with gatekeeper requirements. In the context of children’s involvement in a child safety online project, this paper highlights the difficulties encountered because of a tension between children’s autonomy rights, educational norms in a school setting and child protection concerns and considers whether an appropriate balance was achieved.     

Child protection policy perspectives and reform of Australian legislation

Legislative responsibility for child protection has become a major theme in the international human rights arena and a major policy issue within early childhood education and care. This paper examines child protection policy and legislation in Australia and measures that are being employed to safeguard children and childhood within contexts that are seen as increasingly risky. Juxtaposing perspectives on child protection and child liberation, it examines the protective responsibilities speci?ed in legislation in the context of predominantly adult agendas. Copyright © 2004 John Wiley & Sons, Ltd.     

Better practices in parent engagement: lessons from the USA and England

This paper undertakes an international comparison of parent engagement in the USA and England. Research from both countries is reviewed to establish the extent to which parent engagement is achieving the benefit of an improved fit between need and services and what, if any, differences exist between the experiences of parents in the USA and England. Despite some unique differences, research from both countries identifies similar experiences among parents. Those studies indicate that parent engagement is not yet contributing to the provision of services that are more timely, appropriate, or adequate in meeting parent need. The barriers to achieving a better fit between needs and services are explored and system-wide issues that limit the effectiveness of engagement with parents are discussed. The paper presents the Munro Review of Child Protection in England as a catalyst for change in improving the child welfare system's approach to parent engagement and establishing a better fit between needs and services. Consideration of the applicability of the Munro Review findings to the USA child welfare system or replication of such a review is proposed.     

Reducing Child Protection Error in Social Work: Towards a Holistic-Rational Perspective

Social work in the UK remains embroiled in concerns about child protection error. The serious injury or death of vulnerable children continues to evince much consternation in the public and private spheres. Governmental responses to these concerns invariably draw on technocratic solutions involving more procedures, case management systems, information technology and bureaucratic regulation. Such solutions flow from an implicit use of instrumental rationality based on a ‘means-end’ logic. While bringing an important perspective to the problem of child protection error, instrumental rationality has been overused limiting discretion and other modes of rational inquiry. This paper argues that the social work profession should apply an enlarged form of rationality comprising not only the instrumental-rational mode but also the critical-rational, affective-rational and communicative-rational forms. It is suggested that this combined, conceptual arsenal of rational inquiry leads to a gestalt that has been termed the holistic-rational perspective. It is also argued that embracing a more rounded perspective such as this might offer greater opportunities for reducing child protection error.     

The role of professional judgement in social work assessment: a comparison between Norway and England

ABSTRACT

Good quality assessment has a significant role to play in contributing to better outcomes for children in need of protection, so it is important to understand what supports best practice. This paper focuses on the role of professional judgement in assessment, and compares two very different national approaches. In England, governmental responses to perceived failings in the child protection system have led to a highly proceduralised and bureaucratised system and a corresponding down playing of the role of professional judgement. In Norway, professional discretion and judgement have been seen as key to the assessment process, and governmental response to criticism of child protection practice has been to support their use through provision of increased resources. However, too much emphasis on professional judgement and too little procedure may be as problematic as the reverse [Report of Auditor General of Norway. (2012). Document 3:15. Norway: Fagbokforlaget]. So this paper explores the different ways in which professional judgement is understood and addressed in each system and asks what we can learn from them in terms of best assessment practice. Acknowledging child protection as a ‘wicked problem’, we propose a model of Grounded Professional Judgement based on notions of epistemic responsibility and accountability to support the exercise of professional judgement in situations of uncertainty.     

Interviews with Children Exposed to Violence

The aim of this article is to show how research practices may simultaneously follow principles of children’s citizenship rights to participation and principles of protection and support when children exposed to violence are informants. The article focuses upon organisation of interview processes and interactions between adult researchers and child informants in interview encounters. We point to a number of ways in which one may negotiate the tensions between, on the one hand, victimised children’s vulnerability and dependence upon adults for protection and support, and on the other these children’s agency and rights to participation.     

Social Work Intervention in Child Abuse—An Ever-Widening Net?

This paper considers some of the issues concerning the social work response to child protection which are currently being debated by professionals involved in this field. In particular, the paper considers where there is an imbalance in the system, with too much emphasis being placed on child protection at the expense of child welfare. It describes how one authority has sought to focus its child protection investigation system. This has been achieved firstly through the use of management information to measure performance and make comparisons between different areas. This information was then used as the basis of training, encouraging staff to renew their practice and ensure that an appropriate response is made to child care referrals and that children are not drawn into the child protection net inappropriately but are dealt with within a child welfare framework. Examination of a sample of child protection investigations showed that where welfare needs were investigated, attempts were made to use available resources to meet these needs.     

Subsequent child protection contact for a cohort of children reported to child protection prenatally in one Australian jurisdiction

Repeated reporting to child protection is common. One approach to early intervention is for jurisdictions to receive and respond to child protection concerns raised before children are born. Despite this, little research has comprehensively examined subsequent child protection contact for those first reported prenatally. This study aimed to examine the subsequent child protection contact for up to a two-year period for a cohort of children who were reported about prebirth. Child protection administrative data were extracted for 640 children reported for a concern about an unborn child in a single jurisdiction during 2014. Data about child protection contacts included reports, investigations, substantiations and out-of-home placements for children reported prenatally. Of the 640 children, 79% reported about prenatally also had contact with child protection between birth and age two. From birth and up to age two, children reported prenatally had between zero and 21 reports. Twenty-two per cent of the children reported prenatally were removed from their birth parents and placed in out-of-home care prior to age two. These findings highlight the importance of intervening and supporting families prior to and during pregnancy to reduce harm to children and reduce the need for contact with child protection.     

Responding to child deaths: the work of Australia's Victorian Child Death Review Committee

The Victorian Child Death Review Committee (VCDRC) in Australia is a multidisciplinary Ministerial Advisory Committee established to review the deaths of children either currently child protection clients or known to the statutory child protection system. The Committee provides advice about each child death as well as insights into what are the surrounding patterns and issues. Key to this role is examining the contribution of the service sectors to the protection of children and the routine practices that are in place to respond to children and vulnerability. This paper provides a snapshot of the cases referred to the VCDRC and the key messages for practice drawn from them. What emerges is that often the threshold for when statutory child protection services must be involved in child and family matters can be ambiguous and that agreement about intervention, the level and nature of need or risk, and when cumulative harm and neglect require statutory responses are not always shared between agencies. It is clear that the lack of common frameworks about what constitutes child protection intervention challenges services. It is recommended that there be and used agreed definitions and frameworks to ensure shared understandings and collaborative responses across the service and legal systems.     

European Somali Children Dumped? On families,parents, and children in a transnational context

Transnational familyhood is a challenge to western societies, whose implementation of legislation generally works with the assumption that families are nuclear and situated within a nation state. In the present case study, Somali transnational family organisation is juxtaposed with the western nuclear family model to illustrate the basic differences between the models. The mobility of children in the Somali family system is discussed in relation to child protection in European societies. Cultural variation in family organisation needs to be further discussed in societies that claim to be multicultural. The nature of child protection interventions by social workers will depend on whether society declares universalist or cultural-relativist values as more important.     

Partners for protection: a future direction for child protection?

The development of an innovative group working with female, non‐abusing carers is described. Part educational and part therapeutic, it sits squarely within child protection procedures and forms part of an interagency approach to protecting children from sexual abuse. Group processes are described and difficulties are explored, including those experienced by the women themselves in relation to child protection procedures. Current service approaches and attitudes may have potentially adverse consequences for the ultimate aim of child protection and these are considered together with a discussion of the value of alternative approaches. Copyright © 2005 John Wiley & Sons, Ltd.     

Exploring the link between sexualized behaviour and sexual abuse in a clinical setting

This study examined the issue of sexualized behaviour in children as an indicator of sexual abuse. The purpose was to develop alternative explanations for sexualized behaviour if sexual abuse was not confirmed or suspected. Other possible explanations explored were the presence of frequent disruptions to family life, previous unresolved exposure to sexual abuse or contact with a sexualized child. Data were collected on 81 cases of sexualized behaviour referred to a specialist child protection assessment unit over a 7‐year period. It was found that in very few cases was sexual abuse considered an explanation for the sexualized behaviour. Of the remaining cases, a substantial number showed evidence of family disruption, which could lead to sexualized behaviour developing as a comforting response for the child. Furthermore, a number of children also had experienced sexual abuse in the past, which might have been unresolved for the child, or had contact with another sexualized child, and this might have accounted for their behaviour. It would appear that many of the children were facing difficulties in their lives and might require therapeutic intervention, even if concerns about recent sexual abuse had been allayed. Copyright © 1999 John Wiley & Sons, Ltd.     

Child abuse,child protection and disabled children: a review of recent research

This paper reports the results of a scoping study that reviewed research about child abuse, child protection and disabled children published in academic journals between 1996 and 2009. The review was conducted using a five stage method for scoping studies. Several studies have revealed a strong association between disability and child maltreatment, indicating that disabled children are significantly more likely to experience abuse than their non‐disabled peers. Those with particular impairments are at increased risk. There is evidence that the interaction of age, gender and/or socio‐cultural factors with impairment results in different patterns of abuse to those found among non‐disabled children although the reasons for this require further examination. It appears that therapeutic services and criminal justice systems often fail to take account of disabled children's needs and heightened vulnerability. In Britain, little is known about what happens to disabled children who have been abused and how well safeguarding services address their needs. Very few studies have sought disabled children's own accounts of abuse or safeguarding. Considerable development is required, at both policy and practice level, to ensure that disabled children's right to protection is upheld. The paper concludes by identifying a number of aspects of the topic requiring further investigation. Copyright © 2010 John Wiley & Sons, Ltd.     

The context of decision-making in cases of child neglect

This paper explores professional decision-making in cases of child neglect within the context of child protection practice in Britain. The literature on the nature of neglect is reviewed. Difficulties associated with decision-making are then examined within a framework that addresses the social, political and organizational context of child protection practice. It is argued that the current system, which focuses on incidents of abuse rather than the context of children's lives, provides inadequate protection for many children experiencing chronic neglect. Conclusions are drawn with regard to the development of practice that supports vulnerable parents while still remaining the child's welfare as paramount. © 1998 John Wiley & Sons, Ltd.