Research Paper on Children
The research paper considers the actions required to investigate and protect Kelly, a child showing cause for concern, and examines the possible effects of intervention on Kelly and her parents. There are formal procedures to be followed, supported by legislation. The role of the professional is reviewed and the importance of inter-agency co-operation considered. The manner in which the investigation is performed will facilitate the effectiveness with which Kelly's needs are assessed, and the subsequent actions and involvement of the necessary services will determine the outcome of the necessary actions to be taken.
The most important piece of legislation relating to children is the CHILDREN ACT 1989, which came into force in October 1991. "The ACT is concerned with the health and care of the child and is directed at removing the idea of the professional intervening and taking over through enforced intervention", Bruce and Meggitt (1996). This ACT, which made fundamental changes to the way in which the law treated children, was passed as a result of widespread concern over the welfare of children. There were cases where children had suffered from prolonged physical abuse. Cases such as Gillick v West Norfolk and Wisbech Area Health Authority (1985) as cited in Choat et al (1998), provoked public debate on the rights and duties of parents and children. This followed dissatisfaction with the previously confused and largely uncoordinated system. There were a number of high profile cases such as Jasmine Beckford in 1985 and the Cleveland Report in 1987, which criticized the handling of suspected child abuse by an over zealous local authority.
The Children Act 1989 introduced the concept of parental responsibility. This expression (parental responsibility) "sought to change the emphasis from rights over children to responsibility for children," Carter (2000). The parent has a right to be involved in any application concerning the child although conventional case law states "where there is serious conflict between the interest of the child and one of its parents, which can only be resolved to the disadvantage of one of them, the interests of the child under Article 8(2) prevail (Hendricks v. The Netherlands 1983)," Carter (2000). The European Court stated that "the removal of a child permanently from his parents should only be applied in exceptional circumstances but could be justified if there were motivated by an overriding requirement pertaining to the child's best interest (Johansen v. Norway 1996)," Carter (2000). Effectively, parents have a right to respect for their private and family life. Consultation and support by suitable professionals will also be available to help the parents cope with difficulties. The CHILDRENS ACT makes the welfare of a child a paramount consideration whilst seeking to prevent unnecessary state intervention.
Under Part III CHILDREN ACT 1989 local authorities have a duty to promote the proper upbringing of children by their own families, to ensure that the institutions which look after children away from home comply with their responsibility for the children's welfare, and to protect children that are in need. Local authorities have a positive duty to meet these responsibilities by agreement with the parents, but if this is not possible they can bring care proceedings under s31 CHILDREN ACT 1989, seek an emergency protection order (s44) or a child assessment order (s43). Under the FAMILY LAW ACT 1996, in a situation of this kind, the court will be able to attach an exclusion requirement to an emergency protection order or interim care order, to force the abuser to leave the home.
The local authority, has a duty to "safeguard and promote the welfare of children in their area who are in need and to promote the upbringing of such children, wherever possible by their families, through providing an appropriate range of services", Department of Health (1999).
It is essential to involve the required agencies and professionals to form a working team, dedicated to promoting Kelly's welfare, and offer advice and support to the parents. It is important that a correct procedure is adopted when there are concerns about a child. "Today's children are tomorrow's parents", Bryne and Padfield (1991).
Kelly is a child where cause for concern has been shown. Under the guidance of the Framework for the Assessment of Children in Need and their Families 1999, it is important for the benefit of the child to understand, analyse and record what the possible causes for concerns are. "From such an understanding of what are inevitably complex issues and interrelationships, clear professional judgements can be made," Department of Health (1999).
A new framework for assessing children in need was set out by the Government to develop and assist the introduction of Working Together to Safeguard Children 1999. This is a Government initiative that emphasizes the importance of assessment in the work of local authority social service departments, as explained in the document prepared by the Department of Health (1999). Section 46 of the NHS and COMMUNITY CARE ACT 1990, places a duty on each local authority to prepare and publish a plan for the provision of community care services in their area as stated in The British Council (2000). Emergency protection is covered by s46 CHILDREN ACT 1989, which allows the police to remove a child for up to 72 hours from a situation where the child is likely to suffer significant harm, the local authority must contact the parents. The CHILDREN ACTS 1989 introduces "the concept of significant harm as the threshold that justifies compulsory intervention in family life in the best interests of the child" Department of Health (1999).
The CHILDREN ACT 1989 replaces the concept of parental rights with a new concept of parental responsibility, defined by s3(1) of the ACT as, "all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property."
Care proceedings, under s47 CHILDREN ACT 1989 require that local authorities must investigate all cases where they have a reasonable belief that a child is suffering or is likely to suffer harm. They are empowered to call other agencies (such as housing and health authorities) to help them, and such agencies must help unless it would be unreasonable to do so. The Government has published guidelines to encourage co-operation between the various agencies, and to encourage good practice, but the ultimate responsibility rests on the local authority. Only the local authority or a person authorized by the Secretary of State can bring care or supervision proceedings. Under the current law the only "authorized person" is the National Society for the Prevention of Cruelty to Children (NSPCC).
Having consideration for the measures available to protect Kelly and possibly the other children in the family, the initial step will be to inform the Social Services Department (SSD) that there is concern for Kelly's welfare. This department has the responsibility to clarify with the referrer the nature of the concern. If sexual abuse is suspected the police must be advised. If it is deemed that Kelly is to be removed from the family and placed in care to prevent significant harm, she will be represented by a Guardian Ad Litem Reporting Officer, responsible for "safeguarding and promoting the interests of the children in care and any related proceedings under the CHILDREN ACT 1989" Department of Health (1999). The Local Authority has an obligation to take account of racial, religious and linguistic background, and to allow the child some choice in where to live.
Care must be taken on seeking orders. In Nottingham County Council v P [1993] as cited in Choat et al (1998), a father allegedly abused his children, and the council applied for a prohibited steps order to remove the father from the home. The council inappropriately applied for a prohibited steps order. The Court of Appeal felt the effect would be similar to that of a residence or contact order.
There are several orders to assist parents and the local authority under the Childrens Act 1989. The effect of a care order gives parental responsibility to the local authority, which must receive the child into care and keep s/he as long as the order remains in force; it ends section 8 orders. The parents retain their parental responsibility and under the s34 of the CA 1989 are allowed reasonable contact with the children. In some cases children who are subject to care orders can remain within the family. The local authority cannot consent to adoption, change a child's name or remove them from the UK for more than a month without parental consent. If Kelly and/or her brothers are in danger, then a care order will apply, and the local authority will need to produce an acceptable care plan to the court. Before the order is made a decision checklist is used to ensure a structured process within the law. This includes matters such us agreed facts, disputed facts, information relied upon (the law), significant harm and reasonable parent test. If all this is in place it is decided if an order supports the welfare of the child. A residence order is defined as "an order settling the arrangements to be made to the person with whom a child is to live" (s8(1) CHILDREN ACT 1989).
A contact order is "an order requiring the person with whom a child lives, or is to live, to allow the child to visit or stay with a person named in the order, or for that person and the child otherwise to have contact with each other" (s8(1) CHILDREN ACT 1989). In Re W (A Minor) (Contact) [1994], Choat et al (1998), Sir Stephen Brown said that: "It is quite clear that contact with a parent is a fundamental right of a child, save in wholly exceptional circumstances."
A prohibited steps order prevents any person from taking a "step which should be taken by a parent in meeting his parental responsibility for the child" (s8(1) CHILDREN ACT 1989). A contact order will allow Kelly and her brothers to continue seeing both parents.
A supervision order places the child under the supervision of his local authority or a social worker who must advise, assist and befriend the child (s35 Children Act 1989). The order may last for a year unless it is extended. The supervisor does not have the right to enter the child's home, nor to remove the child. The application may be made by the local authority or the NSPCC. "The court must be satisfied that the child concerned is suffering or is likely to suffer significant harm," Carter (2000). This will be a suitable option for Kelly.
A non-molestation order provides protection from domestic violence whether by action (physical attack) threatened, harassment or even shouting is available under the part 4 family law 1996. A non-molestation order prevents a respondent from molesting the applicant or relevant child. Power of arrest can be attached to the order or an occupation order; an occupation order is required to remove a person of violence from the family home. "These orders deal with rights of occupation or exclude a person from all or part of a building," Carter (2000). Kelly would have protection from domestic violence on the basis of this order.
The relevant course of action is determined by considering the circumstances of the case with the balance of harm test, during the basis for the decision. For example, Kelly, her mother and three younger brothers, housing needs should be balanced against any harm arising out of allowing her to remain in the home with a non-molestation order. Case law states "molestation may take place without the threat or use of violence and still be serious and inimical to mental and physical health," Carter (2000).
The Education Service will be represented; its staff will be ideally situated to monitor any further deterioration in the child and the effects of interventions over a period of time. School representatives must be involved in the formulation of the interagency children protection plan, if it is sanctioned. In Kelly's case, the teacher and/or the friend might have to give evidence to the court to prove that violence has occurred.
The health services will be at the initial meeting to provide health professionals from the NHS or private sector, essential to the diagnosis of the child's health and possible family illness that may be contributing factors in the case.
Voluntary and private organizations may be asked to provide support for the parents and/or Kelly, as required. This would take the form of home visits and support programs.
In the twenty first century children are still neglected and abused, which means their "rights and needs are being violated" Bruce and Meggitt (1996). The modern day perception is that child abuse and child neglect are happening on a large scale. This is fuelled by media attention providing high profile coverage of individual cases. Child-protection registers have to be maintained by every local authority as well as a central register kept by the NSPCC. Current legislation reflects public concern on the effects of child abuse placing emphasis on prevention by vigilance and early detection by the trained professional.
Tradition of good practice needs to be improved in protecting all children. The Victoria Climbie case is evidence that our system is still failing. "Assumptions on the case have been based on social work intervention to protect children from abuse and death", Guardian (2002, p. 1). Yet children are still being abused.
Harry Ferguson (Guardian, 2002) states that the Climbie inquiry exemplify how the entire debate on social care is based on negativity; on preventing the worst. Alexandra Frean (The Times, 2002) says that evidence identified some failings in the child protection system, missing at least 12 chances to save Victoria. Intervention must be put into place to protect all children. It is better to be over cautious rather than letting cases like Victoria Climbie happen to innocent, vulnerable children.
The necessary support will be made available to Kelly's family in an attempt to remove any stress and worry creating cause for concern. Help will be provided to maintain the family unit if at all possible. Patterns of parenting can often be repeated in future generations where there is likelihood of children growing up with poor health and education. A deprived, isolated adult that does not have support from a positive family, is likely to repeat the pattern of parenting.
Enthusiasm is no replacement for diligence, training, and effective assessment where concern is shown that a child is in need of care and protection. The child's welfare is paramount and the actions taken must reflect the child's needs at that time. All children should be protected from harm, and be allowed to develop normally to achieve their fullest potential within the community.
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