Child Protection Policy - Term Paper Example

Child Protection Introduction: The tragic deaths of young children such as Jasmine Beckford (Blom Cooper 1985) and Maria Colwell (DHSS 1974) through parental abuse and neglect have led to public inquiries into such deaths and an increasing emphasis being placed upon the social worker’s preventive role. In the case of Victoria Climbe, the tragedy was worse because it could have been prevented if there had been some intervention early enough. After the death of Victoria Climbie who was murdered by her great aunt Marie-Therese Kouao and her boy friend Carl Manning in February, the government set up a statutory inquiry led by Lord Laming, into the events that surrounded her death’ (Laming, 2003). The ethical difficulties in child protection have been best stated by Asquith who points out the conflict between privacy and protection as follows: “…..precipitate intervention is seen as unwarranted and as an invasion of the rights, autonomy and privacy of the family, whereas the failure to intervene in certain cases is also seen as reprehensible because of the dire consequences for the children involved.”(Asquith 1993:2) The well being of children has been impacted by a number of parenting issues and Little has identified domestic violence, poverty, learning disability, substance abuse and other factors that can hinder parenting and pose dangers to children (Little 2004). The maltreatment of a child, either physically, mentally or emotionally can have an impact upon a child’s health, development and well being, and in some cases can also lead to aggressive violent behavior (HM Report, 2005). Physical damage leads to bodily harm, neurological damage and in extreme cases such as Maria Colwell and Victoria Climbe – to death. Sustained emotional abuse affects a child’s mental health, behavior and self esteem. Violence and conflict between parents is often a cause of emotional deprivation and neglect, which impacts upon the ability of children to form attachments, hindering growth, intellectual, social and educational development. The question of child abuse arises particularly in the case of minority children, who belong to families which are disadvantaged on several fronts. This includes children in families which are poor, so that children have to be raised in areas of high crime, poor housing and disadvantaged conditions that work contrary to their welfare. Such families face racism and social exclusion, living in unsanitary, overcrowded conditions, poor diets, low immunity to diseases and lack of educational and other opportunities.(HM report, 2005). In many such poor families, there is no wage earner and the problems of poverty may be exacerbated by drug or alcohol abuse, all of which can lead to depression and lack of care for children, who are forced to shoulder parental responsibilities at a young age. During the 1980s, work on behalf of children and their protection was carried out as interventions, gaining the condemnation of the public due to the perceived interference into the sacred precincts of the family and violation of fundamental rights to privacy. (Fulcher and Scott 2003). There has been strong opposition to the system of child protection in the UK, questioning the extent to which intervention by practitioners can be ascribed legitimacy, therefore the system operational within the UK was classified as a residual model with fierce public opposition to intervention (Parton 1985:127). As a result, social workers and early years practitioners tended to focus upon actual cases of abuse rather than adopting a preventive stand to protect children, which led to a limited intervention policy. On the other side of the coin, there was outrage at the tragic deaths of children such as Maria Colwell and Jasmine Beckford where “ineffectual intervention by incompetent social workers” (Parton, 1985:99) was perceived to be the cause of failure to provide adequate protection to children. This resulted in an increased focus on the identification and prevention of child abuse and neglect, which has shifted the focus of the debate on highlighting the needs of children. Theoretical perspectives on child abuse: Thompson (1993) spoke of anti-discriminatory practice in social work defining discrimination as ‘unfair or unequal treatment of individuals or groups; prejudicial behaviour acting against the interests of those who characteristically tend to belong to relatively powerless groups within the social structure (women, ethnic minorities, old or disabled people and members of the working class in general)’( Thompson, 1993 p31). He stated that Social services should move towards an anti-discriminatory practice which he defined as ‘an approach to social work practice which seeks to reduce, undermine or eliminate discrimination and oppression specifically in terms of challenging sexism, racism, ageism and disablism…and other forms of discrimination encountered in social work’( Thompson, 1993 p31). Rattanasi (1992) points out that anti-racism depends upon a cultural category of “black” which appears fixed and homogenous and could lead to discriminatory practice by social workers towards children from minority racial groups. The feminist theory on child abuse places the causal burden of child abuse on men, so that even in those sporadic instances of women abusing children, the instigators are generally men while the abuse occurs due to the woman’s failure to protect the child from the male.(Faller 1987). It was Dr. Henry Kemp who in 1962, first introduced the term “battered child syndrome” to identify potential victims of child abuse who are brought in for medical treatment, since not all such injuries may be caused accidentally but may have been perpetrated by abusers. Other theories that attempt to explain child abuse are the sociological and psychodynamic theories. The psychodynamic theories focus upon those abusers who are mentally hinged or bad individuals, who engage in extreme forms of abuse. As opposed to this, the sociological theories focus upon abuse that occurs within a family context, where the basic causal factor may be stress generated by other aspects such as unemployment of the family provider, domestic violence and discord between parents, substance abuse, the discrimination face din society due to poverty and racism, as well as the non availability of a supportive social network (Erikson & Egland, 1996 p14) These theories are relevant in the context of child protection. For example, Kemp’s theory of the battered child is useful for social workers in identifying potential symptoms of child abuse. Feminist theories have highlighted the need for increased levels of protection to be provided by social support services to women, in the interest of promoting the welfare of young children. Sociological theories help to highlight the socio-economic factors and social discrimination that may be faced by certain minority groups and the inter-familial context. Therefore, in extending protection to children who may be at risk, it is important to identify potential risk factors in the environment and within the family context, which could be causal factors for stress on care providers, thereby impacting negatively upon the children that are in their care. Legislative provisions to safeguard children and their efficacy in child abuse: The Children Act of 1989 was the first public recognition of the rights of the child as an individual person. The Children Act of 1989 states that in any provision or decision made by the Courts, “the child’s welfare shall be the Court’s paramount consideration.”3 This Act places the responsibility on Councils with Social Service Responsibilities (CSSR) to safeguard the welfare of children in their area4. As a result, this places local authorities under a duty to make investigations when they suspect a child may be facing harm (Section 47 of the Children Act 1989) or when they are directed by the Courts to carry out such an investigation (Section 37 of the Children Act of 1987). They may also make arrangements with others to provide services to children on their behalf.5 The CSSRs also have to work with local authorities, who are empowered6 to make enquiries if they suspect a child in their area may be suffering from harm. Emergency action to protect children can be taken by local authorities by issuing Emergency protection orders.7 Police officers who have cause to believe that a child may suffer serious harm are also empowered to remove a child to suitable accommodation.8 At school, the Education Act places a duty on local education authorities to safeguard the welfare of children9 and independent schools also face the same obligations.10 Although the Children Act of 1989 has introduced measures to allow some fairness for all parties as well as a focus on the well being of children and protect them from neglect, there is strong public opposition to the notion of separating children from their families. As a result, “little or no preventive work ... [before actual abuse] is handled by social services departments because of priority being given to statutory cases.” (Corby 1987:131). The real problem that existed in provision of effective child protection services was that “much greater emphasis [needed] to be placed on differentiating between serious abuse, likely to reoccur, and more moderate abuse where risk of further occurrence is slight.” (Corby 1987:142). However, over the years, the focus has shifted from the family support approach of the 40s to the concern with the protection of children who may be victims of abuse and neglect. The Commission for Social care Inspection (CSCI 2006) reported that as of March 31, 2003, the number of children on child protection registers in England was 26,600, representing 24 children out of every 10,000. By March 31, 2005, the number of children was 25,900. The Victoria Climbie Report also corroborated the findings on earlier inquiries that showed a failure to intervene early enough. Notably, the Report identified the following weaknesses in service: “poor co-ordination; a failure to share information; the absence of anyone with a strong sense of accountability; and frontline workers trying to cope with staff vacancies, poor management and a lack of effective training…” [Laming 2003]. Lord Laming’s (2003) inquiry into the death of Victoria Climbie has led to the development of the Every Child Matters Program (DeFS 2003). This program stresses an integrated services approach that is free of discrimination and offers practical support. It also proposes that a separate Children’s Commissioner be appointed in order to watch out for and put forward their views. This Program has also supported an interactive approach where information is shared between all public authorities, including medical and social service personnel to provide the most effective framework for coping with the problems faced by children. The Children Act of 2004 also has some significant provisions that are specially geared towards protecting children and ensuring their welfare, by emphasized an integrated approach whereby there is coordination between various public organizations and an obligation placed upon local authorities to work in coordination to ensure that desirable outcomes are achieved for the welfare of the child.11 In addition, every area is to have a Local Safeguarding Children Board and a range of organizations are expected to participate and provide assistance to children.12 The Government has also drafted the Children and Adoption Bill of 2005. The basic premise of this bill is that where the rights of parents are considered, this will only be to the extent that it is necessary in the consideration of the welfare of the child. This bill contains several far reaching provisions, such as allowing for adoption in cases where parents are unable to provide necessary care or where physical, mental or emotional harm is being caused to the children by one or both of the parents. Conclusions and personal reflections: Child abuse is perhaps the worst category of abuse, since it targets vulnerable and helpless young children who need care and protection, while most of the abuse takes place within a familial context, where it is difficult for the law to intervene. The large number of children on child protection registers in England provides an indication that there is a greater recognition of abuse through the cooperation of various public agencies, however children are still not being adequately protected by the provision of a supportive social network and after care to substitute for the loss of parental or provider care. The differing individual needs of minority children in particular, may not be receiving adequate attention, as most child care practitioners are burdened with large case loads and may not be able to maintain the necessary levels of follow up care and intervention. As noted above, the theoretical perspectives on child abuse help to provide some guidance to child care practitioners on aspects that they need to be sensitive to in identifying potential cases of child abuse. Applying these theoretical guidelines, it would therefore appear that legislative policies and programs to deal with child abuse must take note of the social context within which child abuse occurs and the fact that most perpetrators of abuse are male. Additionally, sensitivity is required to the underlying issues such as poverty and discrimination in society which may cause stress and indirectly impact upon the child in a familial context who is subjected to abuse that protective measures can be successfully implemented earlier if problems are recognized early to facilitate early intervention and prevent tragedies such as Climbe. There is a wealth of legislative direction on child protection as detailed above however, there is still a lack of clear guidance available to child protection practitioners on the new legal systems and the application of such direction within the local framework. (Taylor 2006). But through the evolution of legislation and guidance and the performance indicators that have been mooted by the Government, child care practices are being constantly shaped and refined and have also recently begun to incorporate user perspectives. (Miller 2004). Intervention in cases of severe child abuse is now a much more effective process, especially since criminal offences against children may be actionable through the provisions of Section 47 of the Children Act of 1989, which places the emphasis on the investigation process. But the provision of social and child protection services needs to be refined according to regional needs, in order to make it more effective and to identify troubling issues as quickly as possible. (Little 2004). This is especially relevant in those areas which are largely minority based and where discrimination is a factor that needs to be addressed. The major emphasis of the research in the field of child protection therefore needs to be shifted away from the current assessment of risk and the need to protect (Woodcock 2003) towards a more interactive service, where it is not only public bodies and organizations that work together for the welfare of the child – but also through the incorporate parental perspectives and a focus upon bringing about change within the family network itself, for long lasting solutions and prevent exclusion and discrimination. There is also a need to re-frame legislative and policy guidelines from a regional perspective in order to make them more effective and meaningful within a local context, in addressing the needs of minority children in promoting an anti-discriminatory and anti-racist approach to child protection services.. Policy and Practice must be better coordinated and integrated and new structures such as preventive services and children’s trusts must be considered and integrated into the local service systems.(Whitaker and Archer 1989). Proposals have been mooted for the independent evaluation of children’s trusts over the course of the next three years. (DfES 2003). Policy may differ from practice within each regional area due to differences in belief and value systems, cultural and racial differences and the composition of minority groups in a particular area (Banks 2001). Moreover, there is inadequate provision for protection of children against discrimination and therefore, there is a need to introduce and successfully implement anti discriminatory child care policies in order to ensure that maximum protection is provided to children through an understanding of the various contexts within which child abuse occurs. References * Asquith, S (1993). Protecting children: Cleveland to Orkney: more lessons to learn? Edinburgh: HMSO at pp 2 * Banks, Sarah (2001), Ethics and values in social work, 2nd edition, Basingstoke: Palgrave. * Blom-Cooper L (1985). A child in trust: the report of the Panel of Inquiry into the Circumstances Surrounding the Death of Jasmine Beckford. London: HMSO. * Commission for Social Care and Inspection (2006) Supporting Parents, Safeguarding Children: Meeting the needs of parents with children on the child protection register, London: Information and Management Directorate. * Children Act of 1989 (c.41) [Online] Available at: http://www.opsi.gov.uk/acts/acts1989/Ukpga_19890041_en_2.htm#mdiv1 * Corby B (1987). Working with child abuse. Philadelphia: Open University Press * DfES, 2003. “Every Child matters” [online] available at: http://www.dfes.gov.uk/everychildmatters * DHSS (1974). Report of a Committee of Inquiry into the Care and Supervision Provided in Relation to Maria Colwell. London: HMSO. * Erikson M & Egland , B “Child Abuse” in J Briere et al (eds) The APSAC Handbook on Child Maltreatment, 4-20, Thousand Oaks California Sage 1996 * Fulcher, J and Scott, J; (2003) Sociology, 2nd edition, Oxford: Oxford University Press * HM Government, 2005. Working together to safeguard children: A Guide to inter agency working to safeguard and promote the welfare of children” * Laming, H (2003) The Victoria Climbie Inquiry, London: HMSO, * Little, M (2004) “Refocusing Children’s Services Towards Prevention: Lessons from the Literature”, Dartington Social Research Unit: Department for Education and Skills, Research Report RR510. * Miller, C (2004) Producing Welfare, a Modern Agenda, Basingstoke: Palgrave Macmillan. * Parton N (1985). The politics of child abuse. New York: Macmillan * Rattansi, D.(1992) Changing the subject? Racism, culture and education. In ‘Race’, Culture and Difference. . London : Open University/Sage. in * Taylor, A (2006) “Child Protection: Guidance needs fleshing out to gain professionals confidence’, Community Care, Issue 1619, 20-26 April, pp.12-13. * Thompson, N.(1993) “Anti-Discriminatory Practice”. London : BASW/Macmillan. * Whitaker, D, S and Archer, J, L (1989), Study 9, Research by Social Workers. Capitalizing on Experience, London: General Council for Education and Training * Woodcock, J (2003) “The Social Work Assessment of Parenting: An Exploration”, British Journal of Social Work: 33, 87-106. Read More