Protecting Rights of Children, Young People, and Vulnerable Adults - Essay Example

Relationship of Social Work and the Law: Protecting Rights of Children, Young People and Vulnerable Adults The Death of Victoria Climbié According to a BBC Timeline (2003) the murder of 8-year-old Victoria Climbié in 2000 prompted a review of child protection arrangements in the UK, and this review indicated that the social agencies and police involved in the case had neglected the welfare of the child. Victoria was sent by her parents from Africa to live with her aunt, Marie-Therese Kouao. She died in London from physical and sexual abuse inflicted by Carl Manning and the girl’s aunt which had occurred from 1998 till her death in 2000. The two were ultimately sentenced to life imprisonment, but the repercussions extended to both social and police agencies which had not always responded adequately, for instance not responding to one particular complaint because the child had scabies. In other instances, abuse reports from hospital visits were ignored and the child was returned to her abusers. The Timeline article noted that three social workers were sacked after a public inquiry by Lord Laming found them guilty of negligence. Is New Legislation the Answer? Since Victoria’s death, there has been an upheaval in reforms to protect children, young people and vulnerable adults, especially in the areas of social work and the government in the UK. Under the Children’s Act of 2004 (Smith 2005), legislation in the following areas has been introduced: physical and mental health, emotional well being, protection from harm and neglect, education training and recreation, contributions by children to society, and social and economic well being. The question becomes whether these generalized areas can become focused enough to matter. Studies indicate that the basic areas affected by the Act are the rights of children through the revised Mental Health Act; needs of pupils through Qualification and Curriculum Authority (QCA)__related to the number of new international family arrivals; disability awareness training; the Education Act 2005; help for people with dementia through the International Health Study related to quality of life; the need for new legislation prohibiting discrimination because of sexual orientation, and the effort to balance work and life in the community (Background 2006). This is an ambitious enterprise, but given past history, it is not likely that the Children Act 2004 will resolve all of the issues in conflict. There is presently a two-year assessment underway funded by the Nuffield Foundation which began in October 2004 and will continue to September 2006. The assessment is based on the Human Rights Act of 1998 which brought the European Convention on Human Rights (ECHR) into UK domestic law, and the purpose is to determine anti-discriminatory measures available under the Equality Bill which extend to children and young people (All Party Parliamentary 2005). One concern in the Climbié inquiry was allegation of racism. Victoria was African and spoke little English (Timeline 2003). At present, no police officers criticised by the inquiry have lost their jobs, and one of the social workers involved has been allowed to resume working with children (Climbié Inquiry 2005). With anti-discrimination a key concern in the UK and Blacks, ethnic minorities and the disabled the focus of many reforms underway, the social aims of the UK government are commendable, but one wonders if they can actually change public perception in a way that creates a safe environment for children. The policies contained in the law have weaknesses. The Equality Bill allows for enforcement against anti-discriminatory actions, but, according to the Child Impact Statement, “its powers in relation to the Human Rights Act 1998 are primarily promotional.” Clause 9(2)(a) of the Equality Bill defines human rights as ECHR rights specifically, though subsection (b) enables the new Commission on Equality and Human Rights to exercise its functions in respect of other human rights. This could include the UN Convention on the Rights of the Child, to which the UK has been a signatory since 1991. All Party Parliamentary, sec. 3. The generalized content of the clause gives rise to many interpretations of the Equality Bill as it relates to human rights. Certainly there is no clear effort here to address the needs of children. A Timeline of Child Abuse in the UK In all the years of effort to develop legal recourse and protection for children at risk, the same problems keep arising. Dave Batty (2005) investigated the history of child protection in the UK from 1932 to 2004, as follows: In 1932 all existing child protection law was brought together in a single piece of legislation. In 1948 reforms were necessary after the death of Dennis O’Neil, a 13-year-old at the hands of his foster parents. In 1968 local authorities took over the responsibility for investigating child abuse and services were amalgamated into social services departments in 1970. The death of Maria Cowell in 1974 at the hands of her stepfather highlighted lack of coordination among services responsible for child welfare and led to development of area child protection committees (ACPCs) in England and Wales. The Children Act of 1989 gave every child the right to protection from abuse, with the tenet that children are best cared for in their own families. In September 2003, Birmingham social services launched an inquiry into the death of 7-year-old Toni-Ann Tia Byfield, shot in her father’s bedsit. She was already in the care of social services when she was killed. The “Every child matters” Green Paper was introduced in 2003 and in March 2004 “Every child matters: next steps” was published to set out the purpose of the new Children Act (Background 2006). How successful will this program be in a society that has become an international haven for the oppressed, therefore adding greatly to the number of children and vulnerable adults at risk? How many children will die or have already died because of weaknesses in the social services system? The welfare of children in the UK is threatened by a rise in violence and intimidation by parents against professionals, the increase in something called ritual abuse (kindoki) where children are accused of witchcraft and beaten or killed by their own families (Alderson & Johnston 2005), and the time-consuming task of setting up needed protections and instituting needed legislation. Sir Michael Bichard proposed a registration scheme creating a list of those barred from working with children, but it will not be implemented before 2007 or 2008 (Valios 2005; Vetting and Barring Scheme 2006). Social Work and the Internet The main thrust of the new legislation is the proposed electronic tracking system that will allow a single access for every agency involved not just in children’s services but in all areas of social concern. The British Association of Social Workers and the British Journal of Social Work can offer education online and various departments can gain immediate access to information. If this system is put into place and is easy to navigate, it should improve communication and improve the quality of life in children, young people and vulnerable adults. References Alderson, Andrew, & Chris Johnston. (2005), Dozens of African children beaten, abused and accused of witchcraft, say detectives, News.Telegraph, retrieved 12 March 2006, from http://news.telegraph.co.uk/news/main.jhtml?xml=/news/2005/06/05/nwitch05.xml All Party Parliamentary Group for Children: child impact statement, National Children’s Bureau, retrieved 10 March 2006, from http://www.ncb.org.uk/resources/website%20Equality%20Bill%200605%20lords.pdf. Ashraf, Haroon. 2005, Children Act 2004 [online], communitycare.co.uk, retrieved 12 March 2006, from http://www.communitycare.co.uk/Articles/2006/02/22/47713/Children+Act+2004.html. Background - the evolution of policy. 2006, Department of Health, retrieved 10 March 2006, from http://www.dh.gov.uk/PolicyAndGuidance/HealthAndSocialCareTopics/ChildrenServices/ChildrenServicesInformation/ChildrenServicesInformationArticle/fs/en?CONTENT_ID=4112068&chk=RnMktQ Batty, David. 2005, Timeline: a history of child protection, The Guardian, 18 May 2005, retrieved 10 March 2006, from http://society.guardian.co.uk/children/story/0,,1219395,00.html The Climbié Inquiry. 2005, Guardian Unlimited, retrieved 11 March 2006, from http://society.guardian.co.uk/climbie/0,,530323,00.html Cullen, Deborah, and Mary Lane. 2006, Child Care Law: A Summary of Law in England and Wales. British Association for Adoption and Fostering, London. Smith, Fergus. 2005, Children Act 2004, Children Act Enterprises Ltd, Surrey. Social Services: What We Do and How We Help (2006), Hampshire County Council, updated 24 February 2005, retrieved 10 March 2006, from http://www.hants.gov.uk/socservs/newhelp.html Timeline: Victoria Climbié. 2003, BBC News, retrieved 11 March 2006, from http://news.bbc.co.uk/1/hi/uk/2062590.stm Valios, Natalie. 2005, Child Protection [online], communitycare.co.uk, retrieved 12 March 2006, from http://www.communitycare.co.uk/Articles/2006/02/22/48564/Child+Protection.html?key=BRITISH+AND+ASSOCIATION+AND+SOCIAL+AND+WORKERS Vetting and Barring Scheme - Policy Briefing Pack. 2006, Every Child Matters, updated 01 March 2006, retrieved 10 March 2006, from http://www.everychildmatters.gov.uk/socialcare/safeguarding/vettingandbarring/ Your Rights and the Disability Discrimination Act (DDA) (2005). Directgov, retrieved 10 March 2006, from http://www.direct.gov.uk/DisabledPeople/RightsAndObligations/YourRights/YourRightsArticles/fs/en?CONTENT_ID=4001068&chk=eazXEG Welfare Reform on the Web (2003), Child Welfare - UK, retrieved 10 March 2006, from http://www.bl.uk/collections/social/welfare/issue51/childwuk.html Read More