When Things Go Wrong: Being an Independent Person under the Children Act 1989 Complaints Procedure

The introduction of market principles into public services in the 1990s meant that British local authorities were required to develop complaints procedures. In the case of services for children and families, the Children Act 1989 required the appointment of an "independent person". This article describes the findings from a research study conducted in 1999. A total of nineteen independent people from a range of London boroughs participated. It was found that young people themselves rarely use this system designed to protect their rights. As "sole traders" in adversarial situations between social services personnel and complainants, the independent people were constantly negotiating their position. Depending upon the issue, they are required to move skilfully between conciliation and formal investigation. The findings will be useful to local authorities using independent people, and to the independent people themselves who are largely unsupported in their roles.     

Placed and paid for: a national overview of the use of private and voluntary day care facilities for children in need

This paper examines day care provision for children in need, who are placed and paid for by local authorities in non local authority services. The England and Wales Children Act 1989 placed a new duty on local authorities to provide day care services for children who are defined as being 'in need', and the guidance accompanying the Act encourages the use of independent sector services for this purpose. This paper brings together the main findings from a survey of all English local authorities, an analysis of local authority documentation and secondary analysis of government statistics to provide a national overview of the use of sponsored day care places for children 'in need'. It concludes that the majority of English local authorities value the contribution of independent day care providers, but that there are potential problems with adopting a market approach to welfare services, such as low levels of training and support for such providers, and a shortage of suitable service provision in the areas where they are most needed. These require further consideration by policy makers and local authorities.     

Sponsored Places: The Use of Independent Day-Care Services to Support Children in Need

Correspondence to: Dr June Statham, Project Director, Thomas Coram Research Unit, 27-28 Woburn Square, London WC1H OAA Summary The implementation of the Children Act 1989, with its emphasison family support through the provision of non-stigmatizinglocal services and on local authorities working in partnershipwith voluntary and private service providers, has given a newfocus to the use of independent day-care services to supportchildren in need and their families. This article uses datafrom research in England and Wales on the implementation ofthe Children Act as it affects early years services, to considerthe extent of sponsored day-care, the circumstances in whichit is used, and the issues it raises for local authorities,independent day-care providers and the children themselves.     

Using the 'Looking After Children' dimensions to collect aggregate data on well-being

The Department of Health has funded the development of a set of schedules for collating information on and monitoring the progress of children looked after by local authorities. An additional aspiration underlying official encouragement of the use of these ‘Looking After Children’ (LAC) materials was that they would provide aggregate data to feed into national and local policy and planning. Progress on this aim has been slow, in part because instruments designed to aid practice in individual cases have not adapted easily to the hoped for dual role, and in part because completion rates have been patchy and often poor. This paper describes an action research project designed to use the children's reviewing system to collect aggregate data on the LAC dimensions of well‐being. It comments on the viability of this method of aggregate data collection as well as locating the information on a cohort of 96 children in the context of other studies, and debates about whether the state can be a ‘good parent’.     

Children in Need: Definition, Identification and Support

Correspondence to Dr Matthew Colton, Department of Social Policy and Applied Social Studies, University of Wales, Swansea, Singleton Park, Swansea SA2 8PP. Summary This paper examines the way in which local authorities operationalizethe concept of need contained in Part III of the Children Act1989. Findings from an empirical study conducted by the authorssuggest that difficulties are being encountered in operationalizingneed, and that these difficulties stem from an inherent contradictionbetween the all-embracing spirit of the Act and current politicaland social realities. The paper identifies key dilemmas in theimplementation of Part III of the Children Act and highlightsconflicts facing social services departments.     

A Triumph of Hope over Experience? Modernizing Accountability: The Case of Complaints Procedures in Community Care

Complaints procedures are one component of maintaining and improving the quality of community care services. However, how effective are they in providing a means of redress for service users? This article presents the findings from four research projects, which included complaints procedures in their survey of service users’ experiences of community care provision. These findings are compared with the outcomes of similar research projects. The article concludes by evaluating the Department of Health’s consultation proposals on complaints procedures, and other policy documents, in the light of the research findings.     

Patterns of Provision in Respite Care and the Children Act

Summary This article presents the findings of a three-year study intorespite care services to disabled children and discusses thesein the light of the 1989 Children Act. The aims and methodsof the research are first outlined and the various servicesincluded in the study are described. Access to services was found to be uneven, with families fromlow socio-economic groups and from black and ethnic minoritycommunities apparently having less choice. The characteristicsof users are identified: some of these varied according to typeof facility used or amount to care received. Agency records and registers were often found to be inaccurate:the Children Act will require authorities to maintain updatedregisters. New powers to charge for services may create furtherbarriers to access although requirements to take account ofchildren's racial and cultural background should extend it.The Act will help authorities regulate the amount of respitecare children receive and introduces certain safeguards. Itsemphasis on consulting young people is to be welcomed. Overall,the new legislation has the potential to improve many aspectsof respite care; its ability to do so will depend on havingadequate resources.     

Implementing Local Safeguarding Children Boards: managing complexity and ambiguity

Local Safeguarding Children Boards (LSCBs) were established under the Children Act 2004 and have responsibility for coordinating and ensuring the effectiveness of the work of partner bodies to safeguard and promote the welfare of children. Drawing on data from a Department for Children, Schools and Families and Department of Health‐funded evaluation, the paper examines the development of LSCBs and the challenges and issues that have been encountered by Boards in implementing new arrangements. In doing so, the paper contributes to current debates about some of the limitations of New Labour's safeguarding reforms as a vehicle for improving outcomes for children and families.     

The Right to Take Risks: Alcohol and Older People

This paper examines policy and practice regarding the purchase of alcohol for older clients of home carers in three local authorities in the Greater London area. Data were gathered from interviews with home carers and their managers, focus group discussions, and a postal survey. None of the local authorities had a written policy or written guidance on alcohol purchase or on appropriate responses to the identification of problematic drinking in older clients. The findings illustrate the problem of balancing "rights" and "risks" within a philosophy of community care which emphasizes client choice and autonomy, and show how policy and practice are "tailored" by local contexts. It is suggested that both home carers and other domiciliary workers, as well as their older clients, could benefit from a clear code of practice regarding responses to alcohol consumption and problematic drinking by older people.     

Maternal Depression, Child Care and the Social Work Role

Correspondence to Michael Sheppard, Principal Lecturer, Department of Applied Social Science, University of Plymouth, Drake Circus, Plymouth, Devon PL4 8AA. Summary This article reviews findings on the relationship of maternaldepression and child care problems, a relationship which haslargely been ignored in social work. These findings are of particularimportance in view of the philosophy in the Children Act 1989that the best place to bring up a child is usually with theirfamily and the duty of local authorities to promote this. Thefindings consistently identify a clear relationship betweenemotional and behavioural child care problems and maternal depressionshowing that depression is likely to affect the mother's childcare abilities and also her perceptions of the child's behaviour.These have important implications for education, training andpractice, and these are discussed.     

Un-charted Territory? Experiences of the Purchaser/Provider Split in Local Authority Children's Services

¹Ian Kirkpatrick Public Services Research Unit. Cardiff Business School, Aberconway Building, Colum Road, Cardiff CF1 3EU, UK. Summary A primary goal of Conservative government policy, expressedin the 1990 National Health Service and Community Care Act,was to encourage the development of market mechanisms throughthe separation of purchaser and provider roles. The main targetfor reform was to be adult services although, in the absenceof specific guidance, a number of local authorities also implementedpurchaser/provider structures in services for children and families.To date, little attention has been given in the literature eitherto describing what purchaser/provider structures involve inthis context or to assessing their impact. Drawing on case studydata from seven local authorities, this article seeks to addressthese deficiencies. It is argued that many changes have beencosmetic and that, while it is not possible to evaluate thelong-term effectiveness of the model, there is evidence thatit can have some negative consequences for the co-ordinationand delivery of services.     

‘It's about changing services and building relationships’: evaluating the development of Children in Care Councils

The introduction of Children in Care Councils under the Care Matters reforms in England set a challenge for local authorities to find effective ways by which children in care could contribute their views to the planning and provision of services. This paper discusses a review of progress across London which combined a survey of boroughs with focus group discussions with young people, local authority staff and elected members. The research found that considerable progress had been made in that virtually all boroughs had some mechanism for representing children in care, and that staff and young people were proud of their achievements. However, major challenges remain – to embed a culture of participation in services, to ensure continuity, to reach all children including the many placed ‘out of borough’ and to defend what has been achieved in the face of severe cuts in public spending. The paper highlights a tension between empowering young people and meeting targets as corporate parents. The results support other research pointing to the need for a better understanding of the relationship between participation in governance and participation grounded in ordinary life.     

A Model for the Comprehensive Assessment of Older People and Their Carers

Correspondence to Beverley Hughes, Department of Social Policy and Social Work, University of Manchester, Oxford Road, Manchester M13 9PL. Summary Although local authorities and social service departments arein the process of developing systems of assessment in relationto care management, there has been little debate about the principleswhich ought to underpin assessment processes, nor about thepurpose, scope, and content of comprehensive assessment witholder people. This article discusses these issues and proposesa framework for comprehensive assessment with older people andtheir carers, derived from development work with social workersin a number of local authorities. Of particular importance isthe need for comprehensive assessment to embody meaningful mechanismsfor user and carer participation and empowerment; to acknowledgenot only need and risk but strengths and resources; to regardthe older person as the centre of a network of personal, familial,and social factors which together determine her or his qualityof life and level of risk. The implications for practitionersare examined.     

Identifying and implementing pathways for organizational change – using the Framework for the Assessment of Children in Need and their Families as a case example

Change within social work organizations is incessant. This has implications for senior managers and elected members who have to manage these changes. The Department of Health has introduced new guidance entitled the Framework for the Assessment of Children in Need and their Families ( Department of Health 1999a ). The guidance is based on a number of principles that require an attitudinal shift in terms of assessing ways of safeguarding children and promoting their welfare. This paper describes strategic approaches to the effective introduction of the framework within social services departments and other child welfare organizations. Two models have been adapted from practice: the actual framework for assessing children and their families and the Protchaska and DiClementi model of change. These models complement each other. The adapted Assessment Framework provides a structure to assess the readiness of the organization for the implementation of the new framework. The model of change provides a schema for planning, implementing and reviewing the introduction and operation of the Framework for the Assessment of Children in Need and their Families. Although the focus of the paper is the introduction of the new guidance , the models can be utilized by senior managers in any social care organization who are facilitating major changes in the organization.     

Adoptive family life and adoption support: policy ambivalence and the development of effective services

Adoption policy and practice in England is being ‘modernized’ in order to increase the number of permanent placements for children in public care. Success depends on improving adoption services as well as reforming the adoption process itself. To this end the Adoption and Children Act 2002 places new duties on local authorities to ensure greater consistency and quality of service in adoption support as well as in care planning. Questions now arise locally about what priority and focus to give to adoption support. Yet service development is inhibited by the ambivalence of New Labour about exactly what it is that adoption support is supposed to be supporting and how. Funds are limited and service re‐organization is always difficult to achieve. However, mixed policy messages result largely from the ambiguous social role and expectations of adoptive family life and kinship. In law adoption replicates the autonomous normative birth family whilst in policy it provides reparative parenting for particularly vulnerable children. A lack of clarity about the claims for support of those affected by adoption results. This paper argues a fresh case for the distinctive claims of adoptive family life for support. It suggests how new thinking about adoptive family life and kinship might stimulate local service collaboration and effective adoption support.     

Barriers children face complaining about social work practice: A study in one English local authority

Despite the introduction of guidelines and procedures aimed at encouraging and supporting children and young people to complain about the services they receive, children in care still face barriers to doing so in practice. This paper explores what happens when children in care are dissatisfied with the services they receive. Specifically, this study examines the complaints procedure for children in care. The findings are based on semistructured interviews with children in care, social workers, senior managers, and independent reviewing officers from one English local authority. Thematic analysis of these data identified five emergent themes: (a) complaints by children in care are managed at the lowest possible level, (b) senior managers have an overly optimistic view about children in care being informed of complaint procedures and being encouraged to do so, (c) children in care are worried about complaining, which is recognized by professionals, (d) children's voices are often not heard, and (e) when issues are clearly defined, independent reviewing officers have some degree of success in resolving complaints from children in care.     

Understanding and working with adolescent neglect: perspectives from research,young people and professionals

This paper provides an overview of research about adolescent neglect funded by the Department of Children, Schools and Families (now the Department for Education) and the Department of Health. The paper examines what is known from literature about the causes of adolescent neglect, together with its potential consequences for well‐being. Drawing on qualitative data, the concept of neglect is explored from the perspectives of young people themselves and the professionals who work with them. Consideration is given to examples of interventions and preventative models geared towards addressing adolescent neglect. Key findings indicate that there is a need for both a re‐examination of current definitions of neglect in the light of age‐related distinctions and perspectives, and a fuller understanding of the particular needs of adolescents who are experiencing neglect. Additionally, the research highlights that there is a lack of research knowledge about neglectful parenting and the behaviour of young people, as well as limited understanding of interventions with neglected adolescents. Key themes from the research are discussed in terms of their implications for future practice, policy and research in relation to working to improve the welfare of neglected young people.     

Need,well‐being and outcomes: the development of policy‐thinking for children's services 1989–2004

This paper describes how government policy thinking about the well‐being of children and young people developed between the Children Act 1989 and the Children Act 2004. These two Acts are milestone statements about how services to children in England and Wales should be delivered. It is an account informed by the author's own experience as a government adviser on children's social care over much of this period and supporting documentation. It traces the strands of government policy thinking about how to deliver services for children from children in need to the articulation of the five Every Child Matters outcomes. It argues that attempts to achieve coordinated service planning for children and young people played a significant role in the formulation of shared objectives and the articulation of child outcomes. However, it argues that looking at real outcomes exposes how children in the UK do relatively badly compared with other rich nations. It questions whether we can realistically expect our services to deliver significantly improved outcomes given the impact of enduring inequality in our society. This paper is dedicated to the memory of David Lambert CBE, former Assistant Chief Inspector of the Social Services Inspectorate in London, who died suddenly on 7 October 2010. He lent me articles to assist me in writing this paper.     

Rights to special services for people with developmental disabilities in Sweden: The risks and benefits of a legislative approach

Several major pieces of legislation in Sweden have been developed and enacted during the twentieth century to enable people with disabilities to live as normal a life as possible. The legal instrument is not supposed to depend on political economic trends. Important changes in the new Act on Special Services for Developmentally Disabled Persons from 1986 include qualitative demands and the right to self-determination for these individuals. The special services covered by the law are called social rights. The implementation of these rights is under the jurisdiction of politically appointed councils in counties or municipalities. The decisions made by these authorities can be appealed in administrative courts. Judicial review is supposed to be an instrument for the protection of citizens from the authorities responsible for services. In theory, at least, when one disabled person wins a case in court, the precedent should trickle down to all individuals in similar predicaments. But this does not always occur. One problem is that the law has no sanctions to force local authorities to follow the precedents or to execute court decisions. This article focuses on the Act and on the interplay between court cases and precedents and the decisions made by local authorities.     

Parental competence and the welfare of the child: issues for those who work with parents with learning difficulties and their children. A response to Booth and Booth

The parental competence of parents with learning difficulties is discussed by Booth and Booth as if it was separable from consideration of the welfare of their children. The author responds by arguing that The Children Act 1989 requires a focus on the welfare of the child and any debate about parenting must take this into account. The Act also imposes a statutory duty on local authorities to promote the upbringing of children by their families. If parents with learning difficulties need help to carry out some of their parental responsibilities, they have the right to expect services which are sensitive to their needs. Their children, however, must also have rights to help, care and protection where this is needed, as other children have. The author argues for an integrated approach to work with parents with learning difficulties and their children, in which the welfare of the children is seen as the proper concern of all parties.