A new approach to care proceedings

A new approach to care proceedings, introduced in April 2008 with revised Children Act 1989 Guidance Volume 1 and the Public Law Outline (PLO), a procedural guide for the courts, adds a semi‐formal pre‐proceedings stage. This paper critiques the aims and objectives of the pre‐proceedings process in the light of what is known about the families who become subject to care proceedings. Drawing on the Care Profiling Study, the analysis of a random sample of 386 court files for care proceedings brought in 2004 and the Ministry of Justice's preliminary study of the operation of care proceedings under the PLO, it questions whether formalizing communication between the local authority and the parents immediately before proceedings can produce the intended benefits of diverting cases from the courts and improving the preparation of court applications. It considers how the new processes fit with existing safeguarding and planning procedures, the impact on workers and families, and whether the procedures will help produce good, long‐term arrangements for children at risk of significant harm more quickly.     

Why parents matter: exploring the impact of a hegemonic concern with the timetable for the child

In a climate of austerity, timescales and targets, this paper probes whether parents matter sufficiently within the current child protection system in England. Evidence suggests that achieving partnership working in the context of child protection has become increasingly illusive, particularly when parents are notified that the local authority is considering compulsory intervention to remove their children under the Children Act 1989. Recent changes to legislation, policy and practice ushered in with the aim of achieving earlier decisions within the time frame for the child are laudable, but there are consequences for both children and their parents. The aspirations of the Public Law Outline (2008) are well rehearsed, but the changes being introduced with the recent reform of the family justice system, alongside particular constructions of parenting, may be failing to recognize the potential of many parents, if offered appropriate support, to care safely for their children.     

Care Proceedings: Exploring the Relationship Between Case Duration and Achieving Permanency for the Child

The 1989 Children Act in England and Wales and the derivative1995 Children (NI) Order in Northern Ireland provide the legislativeframework within which issues pertaining to the care and supervisionof children that come before the Courts are examined. Both piecesof legislation were intended to address a number of problemswith the way that such issues were dealt with by the Court,particularly the tendency for proceedings to become protractedand for children to ‘drift’ in care as a consequence.The imposition of the ‘No Delay’ principle in bothjurisdictions was designed specifically to address these concerns.However, since the introduction of both the 1989 Children Act(implemented in October 1991) and the 1995 Children (NI) Order(implemented in November 1996), there has been a steady increasein the average duration of proceedings and concerns remain aboutthe impact that this may be having upon the children involved.This paper presents the findings of a research study (McSherry et al., 2004)that explored the complex relationship between the durationof care proceedings and costs to children in terms of the likelihoodof achieving permanency.     

Revisiting children 'home on trial' in the context of current concerns about the costs and effectiveness of the looked-after children system: findings from an exploratory study

Statute and practice relating to s.31 part IV of The Children Act 1989 allow children subject to care orders to be placed at home with their parent(s). It is not uncommon for the courts to accept a plan for children to return home at the final hearing of care proceedings at which full care orders are granted. In such instances, children retain looked‐after status but, in terms of their day‐to‐day care, are looked after by parent(s). Whilst there are a small number of studies conducted in the 1990s relating to children ‘home on trial’, there is a much more limited recent literature. It is important to revisit this population of children, given current concerns about the burgeoning costs of child care proceedings and the looked‐after children system (LAC). This paper reports on a small‐scale exploratory study in one north‐west local authority area. Consisting of a file study and interviews with parents and professionals, the study examines the factors that contributed to initial removal of children to public care, the impact of the LAC system for children ‘home on trial’, stability of placements at home, as well as issues to do with the discharge of care orders. Particular attention is drawn to lone father headed households, a social group over‐represented in our sample. The study aims to inform further multi‐location studies.     

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.     

Care Proceedings under the 1989 Children Act: Rhetoric and Reality

Correspondence to Bridget McKeigue and Chris Beckett, School of Community Health and Social Studies, The Old Gym, Anglia Polytechnic University, East Road, Cambridge CB1 1PT, UK. E-mail: b.m.mckeigue{at}apu.ac.uk Summary Among the most important changes that it was hoped would flowfrom the 1989 Children Act were, first, a reduction in delaysin care proceedings, since this was recognized to be harmfulto children and, second, a shift away from the use of compulsiontowards working in partnership. In this article, Bridget McKeigueand Chris Beckett demonstrate that, in both respects, the Acthas not only failed to deliver, but has been followed by rapidchange in the opposite direction to the one hoped for. However,many commentators, both within and outside of government, continueto speak of the Act as if it had been a success. The articleconsiders a series of characteristic rhetorical manoeuvres,which seem to allow the Act’s failings to be passed overin much of this discourse. They conclude that progress is morelikely to be made if the Act’s failure to deliver is franklyconfronted.     

The day fostering scheme: a service for children in need and their parents

This paper summarizes a new scheme, set up initially as a pilot project, which has now become Children and Families Social Services provision, in the Metropolitan Borough of Stockport. The pilot project ran for a 6‐month period, in order to establish whether a day fostering service would be a useful and effective way of working in partnership with birth families. The paper discusses the philosophy behind the Children Act 1989 (England and Wales), and some research findings on the consequences of poor parenting for children, to examine the need for a day fostering scheme. Finally, the scheme itself is described, with an evaluation of the referrals for the 6‐month pilot period, and a discussion of the future of the project.     

Supporting families of origin: an exploration of the influence of the Children Act 1948

The 50th anniversary of the Children Act 1948 is an opportunity to look back at the evolution of child care practice in England and Wales. This paper traces the development of social work practice aimed at supporting families of origin. It highlights the transition of the concept of prevention from a narrow focus on the prevention of admission to care, to the wider understanding of family support reflected in the Children Act 1989. Some of the challenges to policy and practice supporting families are identified and it is argued that the retreat from prevention in the 1970s is most evident in the subsequent investment in the child rescue ideology of the 'permanence movement'. The paper draws attention to the intentions of the Children Act 1989 to redress the failures and deficiencies of earlier practice by its emphasis on supporting families of children in need. It highlights current concerns that practice aimed at supporting families of origin continues to be marginalized by an emphasis on child protection and argues for a renewed commitment to section 17, Children Act 1989.     

From parental engagement to the engagement of social work services: discussing reductionist and democratic forms of partnership with families

Social work has moved from a child protection discourse towards a child welfare discourse that views the relationship between social workers and families as a partnership. Partnership with families in the field of child protection and child welfare, however, mirrors diverse ideological motives of social policy, civil society and practice. We engage in a theoretical discussion of different interpretations of partnership. We draw a primary distinction between reductionist and democratic forms of partnership with families. In a reductionist approach, social workers activate parents in order to realize the goals set by social work. A democratic approach to partnership refers to a shared responsibility between social workers, parents and children. In this approach, effective partnership is not something to be realized as an outcome, but a point of departure that implies a joint search for meaning and an experiment with which social workers engage. This engagement presents ‘non‐participation’ not as problematic but as an essential element of participation. The focus then shifts from a methodical approach to partnership – how to activate people to participate in the care process – to the question of how the engagement of social workers can be constructed together with families.     

Child Protection: Balancing Paternalism and Partnership

Correspondence to Martin C. Calder, Child Protection Unit, Salford Social Services Department, Avon House, Avon Close, Little Hulton, Manchester M38 OLA Summary There have been a great many protracted and heated debates aboutthe practice of state intervention and control of family lifein recent years. Indeed, the Children Act (1989) was draftedafter the Cleveland Inquiry highlighted the lack of consulationwith parents and the lasting effects of ill-considered intrusioninto family life, and embraced the philosophy of partnership.Social workers operating in the child care and child protectionareas need to balance the contradictory notions of paternalismand partnership, in the knowledge that they will be pilloriedby the popular press when they get it wrong. This paper attemptsto contrast the two concepts in their philosophical and socialwork contexts, and moves on to recommend frameworks for helpingto balance them when they are operationalized. It is essentialto consider this particular debate in the wider political andeconomic contexts, particularly where uncertainty and the lackof resources are ever-present features.     

Protecting children in Scotland: examining the impact of the Children (Scotland) Act 1995

This paper discusses findings from a small‐scale study of the impact on child protection practice following implementation of the Children (Scotland) Act 1995. The Act introduced three new measures to allow the state to intervene in families to protect a child where there is a risk of significant harm. These include the child protection order, the child assessment order and the exclusion order. The child protection order provides for the removal of a child to (or his or her retention in) a place of safety. In the first two years of the operation of the 1995 Act fewer applications were made for this order compared with similar provisions under the previous legislation. This reduction in applications appears to be related to unfamiliarity with new legislation; greater scrutiny resulting from the more formal application to the sheriff court; and the introduction of a new legal criterion for intervention, the presence or likelihood of ‘significant harm’. The introduction of the ‘no order’ principle into Scottish child care law is also likely to be a factor.     

Family support: past, present and future challenges

Section 17 of the 1989 Children Act incorporates a new legal framework for the delivery of services to support children in their own homes, and is a crucial part of the act, both in its own right, and in terms of its significance for other aspects of child care such as child protection activity. However, while "children in need" represents a new legal phraseology, the policy and professional issues addressed by the clause have a long history. This paper traces the evolution of the current approach to family support, and provides a brief account of its impact on policy and practice.     

Services for disabled children: integrating the perspective of social workers

The paper addresses questions about the appropriate focus and direction of social work with disabled children, by triangulating parental views with those of social workers. Previous studies concerning services for disabled children have concentrated either on the views of parents or, less often, on those of service providers. This study adds to the picture by linking the two together and allowing service providers to comment on the views of service users. Parents of nine disabled children were inter-viewed following the introduction of a specialist disability team in an inner city borough, following the implementation of the Children Act 1989. The interviews took place over a 9-month period in 1995, and the comments of parents were then shared with social workers both from the borough concerned and from elsewhere. The parents' views reflect confusion about service provision, ignorance of their children's legal (as opposed to moral) rights, a preference for proactive service provision and the need for emotional as well as material support, the last framed variously as counselling, advice and someone to listen. There was little evidence that the Children Act, which could have facilitated improvements in all these areas, had made any discernible difference. Social workers' comments on these findings, with which they identified strongly, revealed a lack of confidence in their own abilities, a lack of clarity in their role and increasing disillusion with the services of their organizations. It is argued that in order to meet parents' expressed needs, service providers require a confident and fundamental shift in emphasis back to the role of social worker as provider as well as enabler.     

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.     

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.     

The Life and Death of the Care Order (Criminal)

Professor Robert Harris, Department of Social Policy and Professional Studies. The University of Hull. Hull, HU6 7RX. Summary This paper traces the life history of the care order (criminal)from its inception in the 1969 Children and Young Persons Actto its abolition in the 1989 Children Act. It is argued thatthe care order (criminal) is a microcosm of the central ambiguityof the juvenile justice system, and that its history accordinglymirrors that of juvenile justice itself. An empirical studyis then reported which demonstrates that the role of the provisionsince 1983 has been complex, but that it has catered for threedistinct groups of offenders, of whom only one poses a policyproblem. The ‘residence requirement’ solution tothis problem in the 1989 Children Act is welcomed as havinga better chance of sustaining the different tasks of the juvenilejustice system.     

Parental Contact with Children Fostered and in Residential Care after the Children Act 1989

Correspondence to Andy Bilson, Department of Social Work and Social Policy, University of Northumbria, Newcastle NE7 7XA. E-mail Andy_Bilson{at}Unn.AC.UK Summary Research carried out since the implementation of the ChildrenAct 1989 based on a sample of 848 children looked after by localauthorities indicates that previous estimates of the numberswho have no contact with parents may have underestimated theextent of the problem, and that despite the emphasis placedon contact by the Children Act there is still much work to bedone to improve practice. The research not only confirms earlierfindings about the instability of placements in care but alsoshows differences in face to face contact which depend on thelength of time in care or accommodation and the reason for entry,as well as differences between children placed in residentialand foster care. Finally it was found that where children havespent long periods in care they tend to have little contactwith fieldworkers, and it is suggested that there is a needto redefine the social work agenda for this vulnerable groupof children.     

A Role for a Support Person for Child Witnesses in Criminal Proceedings

Correspondence to John Williams, Department of Law, University of Wales, Aberystwyth, Hugh Owen Building, Penglais, Aberystwyth, Dyfed SY23 3DY Summary The 1989 Children Act greatly extends and enhances the roleof the guardian ad litem (GAL) as the officer appointed by thecourt to safeguard and protect the welfare of the child in civilchild protection proceedings. But how do children fare whenthey are involved as witnesses in criminal proceedings? Sincethe latter part of the 1980s it has been recognized that theirimmatunty requires a more sensitive and caring approach thanthat adopted for adults in the criminal courts. As a resulta number of innovative procedures intended to alleviate stressin child witnesses have been introduced. But one outstandingissue of major importance, that of providing support for childrenbefore and during an appearance in a criminal court, needs tobe addressed urgently: the GAL is only available to childrenin civil proceedings. Drawing on the experience of the UnitedStates, where Victim Assistants are used to provide help andsupport for child victims and witnesses, and where the appointmentof GALs for child victims in criminal proceedings is gainingincreasing acceptance, the authors argue that the American exampleoffers much that may usefully be adopted in tailoring the Britishsystem to the special needs of child witnesses. A number ofmodels for the role of the Support Person for child witnessesin the British system are put forward for consideration.     

No place like home: lessons learned and lessons forgotten –the Children Act 1948

The Children Act 1948 emphasizes foster care as the alternative provision for children who cannot be cared for by their own families; it also underlines the responsibility of the state to provide good alternative homes where necessary. The Act reflects contemporary developments in psychological thinking about the importance of attachment relationships, and a recognition, derived in part from the experiences of evacuation, of the harmful effects on children of separation from their families. However, greater awareness, from the 1970s on, of the deficiencies of the state as parent and the complexity of relationships between children, their birth parents and foster families led to the promulgation of 'inclusive' and 'task-centred' models of foster care, reflected in the shift of nomenclature from foster 'parenting' to foster 'caring'. These approaches may, however, be in danger of minimizing both the attachment needs of many children and young people within the foster placement and the parenting role which is appropriate in many placements. A model of foster care, derived directly from the first Children Act, which stresses these core relationships, should be developed alongside that which emphasizes task-centred, time-limited provision.