The Child Client

In court cases involving children the child is often a party to proceedings and is thus entitled to Legal Aid and representation by a solicitor. This representation of the child happens not just in youth courts under the Criminal Justice Act 1991 but also in Family Courts in proceedings under the Children Act 1989. This article looks at how a solicitor ascertains whether a child client is competent to give instructions and offers information on the techniques employed by the solicitor in communicating with the child, especially in proceedings under the Children Act.     

Young Children in Rural Areas: Implementing the Children Act

SUMMARY. This article is based on the results of the first stage of a study of the Children Act (day care and preschool education), and looks at how the Children Act 1989 has been put into practice with respect to services for children under eight, in rural local authorities in England and Wales. It considers the duties given by the Act to local authorities from a rural perspective, including providing a range of services for children in need, reviewing the services that are available for all young children, and setting standards for day care services provided by the voluntary and private sectors. It concludes that although the Act has helped to focus attention on the needs of children in rural areas, there is a danger that nothing will be done to meet them because of the principle of targeting resources on children who are most in need. Rural isolation was rarely specified as an indicator of need, and other criteria often had an urban bias which may work against the development of services in rural areas. The article also argues that there is a particular need to develop new models of service delivery and ways of providing training and support to early years workers which are appropriate for rural areas.     

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.     

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.     

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.     

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.     

Child protection training for teachers

These notes make particular reference to the central role that members of the education service can play in protecting children, within the context of both the Children Act and Working Together. They also provide a brief account of training available for teachers in Rochdale, in both single agency and multi-disciplinary courses. The importance of multi-agency working and training is emphasized and the main issues included in the new Rochdale multi-disciplinary training courses are identified.     

Home‐start and the delivery of family support

The publication of Child Protection: Messages from Research (Department of Health, 1995) and of the ‘Supporting Families’ Green Paper (Home Office, 1998) have both highlighted the importance of developing family support services, in keeping with the word and the spirit of the Children Act, 1989. This article presents some of the findings of a three year study of a voluntary organisation, Home‐Start, which offers support to mothers with children under five through volunteer home visiting. The article makes connections between the activities of Home‐Start and the wider debate about family support in the United Kingdom. Copyright © 2000 John Wiley & Sons, Ltd.     

Children Living With Uninsured Family Members: Differences by Family Structure

Despite increased access to insurance through the Patient Protection and Affordable Care Act of 2010, uninsurance rates are expected to remain relatively high. Having uninsured family members may expose children to financial hardships. Eligibility rules governing both private and public health insurance are based on outdated expectations about family structure. Using 2009–2011 data from the National Health Interview Survey (N = 65,038), the authors investigated family structure differences in family‐level insurance coverage of households with children. Children living with married biological parents were the least likely to have uninsured family members and most likely to have all family members covered by private insurance. Controlling for demographic characteristics and income, children in single‐mother families had the same risk of having an uninsured family member as children in married‐parent families. Children with cohabiting biological parents had higher rates of family uninsurance than children with married biological parents, even accounting for other characteristics.     

Under Fives: Thirty Years of No Progress?

SUMMARY. The value of preschool education was already well recognised 30 years ago but the UK, unlike other European countries, has never developed a coherent system of public provision for young children. Reliance on private, voluntary and self-help facilities to fill the gaps has produced diversity but variable quality and little real choice. Over the same period attitudes and family structures have changed and there have been great advances in our understanding of how children's development can be supported and enhanced. The Children Act 1989 provides a legal framework for translating this knowledge into action. Yet at a time when a remarkable degree of professional consensus has been achieved on what is needed, we seem as far as ever from an adequate level of good quality provision. The article suggests that the reason is to be found in the marginalisation of our youngest children as the concern only of their parents and not of society as a whole.     

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.     

Using a child development model to assess the outcomes of social work interventions with families

The Children Act 1989 strengthens the view that the purpose of providing children's welfare services is to support families in promoting their satisfactory development. Implementation of the Looking After Children materials provides data that enables us to assess how far such aims are achieved both for individual children and for groups. Concrete information in each of the key areas of need, threshold, objective, service and progress across seven dimensions of development can be built up to provide complex assessments of outcome. Extending such assessments beyond the group of children looked after away from home raises questions about public responsibilities to families.     

The Planets Aligned: Is Child Protection Policy Reform Good Luck or Good Management?

Abstract

Governments across Australia are struggling to address escalating child protection notifications, a marked increase in the number of children in State care, a decrease in the number of foster carers and chronic workforce shortages in child welfare services. This paper explores the reform process that culminated in the proclamation of the Victorian Children, Youth and Families Act, 2005 and represents an aspect of the response in Victoria to these wider issues. It explores the history of the reform from the perspective of key actors from government, non-government sectors and academics who participated in the process. The paper explores the “ingredients of social policy reform” and how the change process was managed in Victoria. It does not seek to evaluate the reform but rather to understand the complex processes through which a propitious moment for reform was both seized and constructed.     

How far is England in the process of introducing a mandatory reporting system?

This article argues that England is in the process of introducing a mandatory reporting system, not based on the requirement to report child abuse but on the basis of ‘a cause for concern’ for a child's welfare. It describes Section 12 of the Children Act 2004, which is fundamental to the development, and the rationale upon which it is based. The second part of the article summarizes the key criticisms that have been made of mandatory reporting systems and discusses how these are likely to apply in the English situation. Copyright © 2007 John Wiley & Sons, Ltd.     

Towards Greater Recognition of the Right to Play: An Analysis of Article 31 of the UNCRC

Children’s right to play is formally enshrined in Article 31 of the United Nations Convention on the Rights of the Child (UNCRC). However, few research studies have explored children’s experiences of play from an explicit rights‐based perspective. Using children’s views to illustrate the multi‐dimensional relationship Article 31 holds with other key children’s rights, this article shows how a rights‐based classification of play emphasises issues such as freedom, safety, choice and inclusion. The article highlights the fact that while Article 31 has provided an impetus for play policies throughout the UK, these have not been developed from an explicit rights‐based perspective. The article concludes by suggesting that the Committee on the Rights of the Child could take a greater lead on this issue through more robust monitoring and enforcement of Article 31.     

All Work and no Play? Understanding the Needs of Children with Caring Responsibilities

This article draws on research with children who provide care for parents with serious mental health problems and signals ongoing research that uses photographic participation methods with these groups of vulnerable children. The intention of this article is to highlight the need to move away from popular and simplistic representations of children with caring responsibilities (young carers) as victims of their parents’ illnesses, as ‘little angels’ whose caring work is condoned through rewards or as (exploited) informal domestic workers whose childhoods are inevitably compromised by the caring activity they undertake. Recommendations are made for generating deeper understanding about the lives and needs of children who are affected by parental impairment that is congruent with the thrust of current UK policy, Every Child Matters and the 2004 Children Act.     

Ethnic and Racial Identity of Internationally Adopted Adolescents and Young Adults

Abstract

Results of studies to determine how well children who have been adopted internationally have adjusted consistently raise a concern about identity issues. This paper reports the results of interviews about their sense of racial and ethnic identity with 155 adolescent and young adults who were adopted internationally in Canada during the 1970s and 1980s. The findings are discussed in relation to the rights conferred on these children through the U.N. Convention on the Rights of the Child, the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption and the Canadian Multiculturalism Act.     

Maintaining contact between parents and children in the public care

Children looked after by local authorities are at risk of losing contact with parents and significant others despite emphasis in the Children Act 1989 on partnership and promoting contact. Work to maintain contact should address losses before as well as during care. Contact declines over time with lower rates for children in foster care and as social work support for families diminishes. Contact after adoption is increasing; methods of indirect contact developed by adoption agencies may help to maintain contact for looked after children. Lost contact can be restored with social work support.     

The best interests of the child? The role of the court welfare officer

SUMMARY. The current developments in practice, where children are involved with the courts, will form a fundamental part of work with children under the 1989 Children Act. One of the key actors will be the Court Welfare Officer, part of the Probation Service. This article reviews the role as it has developed in recent years, pointing out the different practices which coexist, even in the same area. Using evidence from a small scale research study in one Service, the article argues for a clearer and more consistent role, which can only really develop under a Family Court Welfare Service     

Young people's views on being looked after in out-of-home-care under The Children Act 1989

This paper describes a project to inform and to elicit the views on The Children Act 1989 of forty five young people who were currently being looked after by English local authorities in out-of-home-care. The full findings are reported elsewhere (Buchanan, Wheal, Walder, Macdonald, & Coker, 1993).One of the key principles of The Children Act 1989 was that children and young people should, in the light of their age and understanding, be consulted and participate in decisions affecting their lives, provided that this approach did not jeopardise their welfare. Throughout 1991 the Department of Health in London orchestrated an impressive training initiative to ensure that all those who had a role in implementing the Act were aware of the principles that informed the legislation. Leaflets were also prepared for young people who were being looked after in foster or residential care. During this period I asked a young man in a local authority residential establishment, what he knew about the new law. “No one tells me anything”, he replied. This was worrying because without the necessary information, such young people would poorly equipped if they wished to participate in decisions affecting their lives, and more seriously they would be poorly protected should they have reason to complain about their care. During the late 1980's and early 1990's there had been a number of concerns about the welfare of young people living in residential settings. These had resulted in a spate of enquiries, (Levy & Kahan, 1991), (Williams & Macreadie, 1992), and a number of reports (e.g. Utting, 1991; Warner, 1992).