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The Children's Hearings System in Scotland 2003
Training Resource Manual 2nd edition

1 INTRODUCTION

The twin focus of the hearings system is that it regards all children as individuals, and also considers them in the context of their families and communities. This section of the manual will provide basic information about child development and some of the social and economic factors that may influence the lives of children growing up in Scotland today.

Children are referred to hearings as the result of problems and difficulties in their lives. The task of those involved in the hearings system is to seek the solutions that best meet each individual child's needs and is in the child's best interests. In making such decisions the welfare of the child is the paramount consideration except in exceptional circumstances when regard must be taken of public safety. In order do so it is necessary to estimate what the child is able to understand; how past experiences have affected the child; how the child sees the world and what the child needs.

Children are born with different temperaments - the placid happy child, the crying child, the slow to warm child, and each child has different abilities that may influence the care they receive. Some children are noticeably gifted and this can affect their skills and self-esteem, in others these gifts can remain unnoticed and children never realise their full potential. Some children have disabilities, which they are able to overcome; others struggle and fail.

2 CHILD DEVELOPMENT

As soon as a child is born it begins to develop relationships, initially with mother and the rest of the family. As the child grows new relationships are formed and these 'key systems' in the child's life influence his or her development and how the child sees the world.

Children also learn from birth how to seek the attention they need and how to gain the attention of the important adults in their lives. A loud cry quickly brings mother / carer and nourishment. As with their key systems children learn how to adapt and use 'controlling mechanisms' as they develop from infancy to adulthood.

However it should be remembered that these milestone will not be reached by every child at the same time - some will walk before they crawl; some will be slow to talk - each child is unique.

Infancy

• key systems - immediate family
• controlling mechanisms/reactions - crying

The first year

Newborn babies are totally dependent for their physical and emotional needs. The primary developmental task at this stage is building feelings of safety, security and trust in other human beings. It is the quality of the day-to-day experiences between parent and child that helps children develop physically and mentally. During the first year children are learning how to learn. They make tremendous gains in physical development. Their rate of growth is very great and at no other time in a person's life are the developmental changes from month to month so noticeable. Babies triple their bodyweight during the first year and add twelve to fifteen inches in length before they are two years old. There are relatively few differences between boys and girls in early physical development.

Children gain control over their bodies in progression from head to foot and from the central part to the extremities. In the first two to three months babies will smile at any face but soon learn to identify their main carer, usually their mother. Around six to nine months children distinguish between family members and strangers; they demonstrate fear or anxiety when approached by a stranger. Securely attached children appear to be more socially skilful, more curious and persistent in approaching new tasks.

Second year

During this period children begin to develop a sense of self worth. This is the time of rapid motor development. They now have the ability to move away from the main carer and begin to explore and find ways to achieve what they want to do e.g. climb for a toy that is on a table. This is also the time when verbal communications begin. Most children by the time they are one year old are using the words 'mama' and 'dada' and a few others. They respond to 'no'. At this age they also have no concept of 'future' and therefore cannot understand delay - hence the demand NOW!

By eighteen months most children have a vocabulary of about ten words and by the age of two can combine words into phrases or short sentences. The vocabulary of the average two-year-old is about three hundred words. As the second birthday approaches, toddlers are more able to perceive things and to imitate behaviour. They enjoy copying what their parents do. This is the time sex roles start to develop. Around eighteen months children become afraid of separation from their parents and cry when they see a parent leave.

Early childhood

• key systems - immediate and extended family
• controlling mechanisms/reactions - tears, food refusal, tantrums, clinging

From the age of two to three and a half children develop a higher level of understanding of themselves and of others. They play alone or in parallel with other children but are not yet ready to share. Between twenty four to thirty six months, children go through a period where extremes are the norm: they are either very aggressive or very passive; very helpful or very stubborn. They develop the perfect smile to encourage affection or throw a tantrum when not allowed to be boss. Their moods swing very quickly. This phase of development is often called the 'terrible twos'.

Toilet training starts at this stage and most children are dry during the day by the time they are three.

Three years

From three to five years, children become more efficient and proficient. Play is the major part of their activity and they use intellectual power and imaginative skills as they play. From the age of three, the child's need to be physically near a parent is no longer important. They can feel secure with people they know while in the presence of their parents. This is also a period of increased socialisation and other adults e.g. nursery teachers become other important adults in the child's life.

In general three-year-olds are usually happy and contented, normally friendly and helpful. They can dress and undress themselves, are less rebellious and begin to share. They can give their full name and sometimes their age.

Four years

Four-year-olds begin to have a sense of past and future. Children are talkative and give long explanations in answer to questions. They enjoy silly talk; silly names, silly showing off and they love dramatic and imaginative play. When they misbehave they tend to blame others or deny responsibility. Questions why? and how? are very frequent. They can count by rote and have learnt the names of colours. By this stage all parts of speech have been mastered. They are likely to return to some physical aggression as well as being verbally aggressive. By five there are the beginning signs of individual friendships.

Middle childhood

• key systems - family, neighbourhood and school
• controlling mechanisms/reactions - hyperactivity, anger, aggression, acting out fears in play

Five years

In general at five, children are more self-contained and independent but still remain egocentric. They appreciate the meaning of clock time in relation to their daily programme. Drawing and dramatic play are more realistic but there is still a magical rather than logical quality to their thinking - dark colours are heavier than light; and quantity is visual - try convincing a five year old that the small fat glass and the tall thin glass have the same amount of liquid in them if the levels are not the same! They are less frustrated and less aggressive. When angry they may stamp their feet or slam the door. 'I hate you' is a common verbal expression of anger. Verbally five-year-olds sound quite grown-up. They enjoy brief separations from their home and parents and start to develop new role models in teachers and friends. The statement 'but MY teachers said…' alerts parents that their role has changed.

Six years

Six-year-olds tend to be very active. They can become very frustrated and screaming and tantrums may occur. They are good at starting things but poor at completing them. They depend on positive direction and guidance from adults. Not infrequently six-year-olds may go back to behaviour normal at an earlier age - talking baby talk, sucking their thumb. They are more fearful than when they were five and are more conscious of danger. Infectious illnesses are most common at this age.

Seven years

By the age of seven children usually calm down. They are beginning to find ways of coping with their own fears. They can become very absorbed in what they are doing and normally have learnt how to screen out distractions and concentrate on one thing. Their attention span has noticeably increased. Most can tell the time and recite months of the year. Most children have high expectations of themselves and may be frustrated or disappointed by their own performance. They have not yet learned to lose and frequently cheat in order to win. 'It's not fair' is a common expression at this time. Children at this age will still have difficulties talking about their feelings, instead they act out when they feel strongly. They may be able to talk about things in retrospect.

Late childhood

• key systems - family, neighbourhood, school, peer group
• controlling mechanisms/reactions - anger, aggression, destructiveness, name calling, fears of the future

Eight years

At eight children may be selfish, at times demanding considerable attention and at other times happy and cheerful. They can be impatient with themselves and with others. A sense of connection between past, present and future is emerging and they are interested in their past history. Deductive and inductive reasoning skills begin to emerge. They are developing a sense of humour. When they feel attacked or criticised, they are most likely to respond with hurt feelings and verbal aggression.

Nine years

By the time children reach the age of nine they appear to be more stable and are becoming more independent. They are also more responsible, co-operative and dependable. They are capable of concentrating for several hours. If children cannot read, use basic maths concepts and write by the time they are approaching ten, it is unlikely these skills will be acquired without considerable special effort on the part of the child and the school. Nine-year-olds like to plan ahead and, although they may appear absent-minded, they are usually busy thinking. They like to classify, identify and order information so hobbies that involve collecting are common in this age group.

At nine children are beginning to learn to function within a group and to put their own interests second. They work and play hard. They become interested in competitive sports and learn to lose. They know how their parents expect them to behave and are no longer so dependent upon the immediate presence of an adult. They are more likely to worry than be afraid.

Ten years

At ten children generally seem relaxed and casual. They can participate in discussions of social and world problems. Friends come into direct competition with the family for the child's interest and time. Boys may fight, wrestle, shove and punch to show friendship, while girls hold hands, gossip and write notes to each other. Crying is a common response to frustration.

Eleven years

Eleven-year-olds can show similarities to the early toddler stage and to children around six. They are emotionally unstable, curious, investigative, talkative and sociable. They have a vast appetite for food and experience and tire easily. This is the age for getting on with brothers and sisters. They dislike work and commonly spend more energy avoiding tasks than it would take to accomplish them. They become angry, shout and slam doors.

Early adolescence

• key systems - family, school, peer group
• controlling mechanisms/reactions - verbal and physical aggression, self assertion, swearing, sarcasm, sexual experimentation

This is seen as the period of transition from childhood to adulthood and teenagers continually remind their parents that they are no longer children. It is a time of rapid biological change - hormonal, sexual development, growth and aggression. Adolescence is accompanied by physical, intellectual and psychological maturation, and is a time when a young person will gain the skills necessary for becoming a successful adult.

Adolescents are moody. They can alternate between being unreliable and being dependable and responsible. As they begin to separate psychologically from the family, they are likely to oppose family rules, values and expectations. Their allegiances change from family to friends. These are turbulent years - both for the young person and the family. Adolescents experience emotions in a particularly intense manner. Most abused and neglected young people come from families where adults have had problems coping with their own emotional states. Interpersonal conflict is inevitable and one of the most needed skills of parents and teenagers is that of conflict resolution.

Some of the physical and emotional changes that mark this stage of life usually start during the pre-teen years, particularly for girls who, on the whole, mature physically two years ahead of boys. In early adolescence, until almost sixteen, the focus is on becoming comfortable with body changes, psychological separations and gaining self-control. Adolescents try to work out questions about themselves: 'Who am I?', 'Where do I belong?', 'What can I do?', 'What do I believe?'. Just as very young children feel the world should revolve around them, so do adolescents, seeing their own needs as paramount and other family members' needs as secondary to their own. This is a time for experimenting, rebelling, testing boundaries and using extreme behaviour.

Twelve years

Twelve-year-olds are less insistent and more reasonable and try to win the approval of others. Their peer group is important to them; they are less competitive. At school they are more able to work independently and they have the capacity for learning facts. Children at twelve have a great enthusiasm for things they like and a hatred of things they dislike. They often assert themselves by talking back to parents. At this stage their self-esteem can be fairly low.

Thirteen years

Thirteen-year-olds spend a lot of time thinking about experiences and long periods of time in front of the mirror reflecting on changes in their physical appearance. Both boys and girls show an increasing interest in the opposite sex. They are often critical of their parents and will argue about everything. However, if they are interested in school, they will do well as their concentration is more sustained and they have more self-control. They tend not to be demonstrative. Sulking is common and they tend to withdraw physically when angry.

Fourteen years

The tendency at this age is to be outgoing and less withdrawn. Fourteen-year-olds appear to enjoy life. They are friendly at home and away from it. They are capable of looking at both sides of an issue. Physical responses such as anger and crying are less common than previously. Leaving the room is common at this age, often with the young person muttering under her/his breath. Because of spurts in physical development at this stage, coupled with an increase in aggressive impulses, parents and teenagers may become locked into patterns of family violence, particularly if the parents themselves have problems with aggression.

Fifteen years

At this age, young people frequently seem to be lazy or indifferent and don't appear to expend much energy. They are experiencing a growing self-awareness, trying to sort out their own potential and limitations.

Sixteen years

By this stage, they tend to be more self-assured and self-reliant. In general there are fewer arguments between them and their parents and they should have their emotions under more control.

Late adolescence

• key systems - peer group, school/work, family, community
• controlling mechanisms/reactions - verbal aggression; self assertion, swearing, sarcasm

During later adolescence, preparing for independence, while still emotionally connected to the family, takes precedence. This may also be a period when the family itself is facing life changes - middle life crisis, empty nest, employment changes and caring for elderly parents.

Seventeen plus

This is the stage when many young people leave home and start to live independently of their families. More young people today will continue in some form of higher or further education and others go directly into employment. At this stage although family is still important it is being replaced with new relationships both socially and at work.

Young people cannot successfully develop through adolescence without parenting figures playing a helpful and supportive role. Families need to be able to facilitate the need for independence. Without positive family role models, adolescents are vulnerable and their behaviour may well cause concern. Parents too need a life together to get back to after children leave home!

3 CHILDREN'S NEEDS

Parents are responsible for creating an environment that enables their children to develop physically, intellectually and emotionally. Children are unlikely to fulfil their potential unless their needs are met. In her book ' The Needs of Children' (first published in 1975), Mia Kellmer Pringle identified, in addition to obvious physical needs, four basic needs that must be satisfied if children are to develop to their full potential. She then went on to consider the likely results in a child's life if these are not met. The quotations that follow contain some of her key ideas. For many of the children who come to hearings there has been failure to meet these needs at many levels.

Love and security

The need is met by the child experiencing from birth onwards a stable, continuous, dependable and loving relationship with his parents (or permanent parent-substitutes), who themselves enjoy a rewarding relationship with each other¹.

First and foremost, this need is met by giving the child the security of stable family relationships where attitudes and behaviour are consistent and dependable; the security of a familiar place; and the security of a known routine. All these make for continuity and predictability in a world in which the child has to meet and come to terms with so much that is new and changing.²

When this need [for love and security] is not met adequately, then the consequences can be disastrous later on, both for the individual and for society.³

Anger, hate and lack of concern for others are probably reactions to being unloved and rejected. Vandalism, violence and delinquency are not infrequently an outward expression of these feelings.⁴

A child from a discordant home is liable himself to become emotionally disturbed or antisocial.⁵

New experiences

New experiences are a prerequisite for mental growth as essential to the mind's development as food is for the body.⁶

Some adolescent escapades, which result in crime, are child's play conducted with adult means.⁷

The urban environment is hostile to the young: there is little freedom or safety to explore or experiment, particularly without adult supervision. In seeking - legitimately - for the excitement of new experiences . . . the forbidden, risky or dangerous are liable to acquire an aura of daring and excitement. What may start as a lark, giving vent to high spirits and the desire for adventure, can then all too easily turn into vandalism and mindless destruction.⁸

Praise and recognition

Because growing from a helpless baby into a self-reliant adult requires an enormous amount of emotional, social and intellectual learning . . . a strong incentive is needed. This is provided by the pleasure shown at success and by the praise given to achievement by adults who love the child and whom he in turn loves and wants to please.⁹

If this need is inadequately met or remains unsatisfied, then in the long term the effects are destructive of self-respect and of confidence in tackling new situations, tasks or relationships.¹⁰

Responsibility

How can responsibility be given to the immature and to the irresponsible? There is no way out of the dilemma that unless it is granted, the child cannot learn how to exercise it. Like every other skill, it needs to be practised under adult guidance, which then gradually diminishes during adolescence and adulthood.¹¹

The fact that during adolescence many youngsters rebel against parental standards and seek to find their own way of solving problems in no way changes the need for parents to make clear what they regard as desirable or acceptable standards.¹²

The child who is denied opportunities to exercise responsibility will fail to develop a sense of responsibility for himself, for others or for material objects.¹³

4 CHILDREN'S RIGHTS

Milestones are important to children. Part of the process of growing up is the gradual acquiring of rights and responsibilities. Most people can remember when they weren't allowed to do something because they were too young. But sometimes it seems as if society can't make up its mind about what it means to be a child and there is no rhyme or reason behind the different age limits that are set.

In different parts of the world there are huge variations in attitudes to children and to rights accorded to them. The United Nations Convention on the Rights of the Child, formally adopted by the UN General Assembly in 1989 and ratified by UK in 1991, attempts to set minimum international standards relating to children's civil, political, economic, social and cultural rights. The European Convention on Human Rights (ECHR) was ratified by the UK in 1951 but was not formally adopted into UK law until the introduction of the Human Rights Act in October 2000. ECHR affords rights to all and does not specifically afford rights to children. ( See History & Principles.)

Views about children have changed over time. In 19th century Britain, very young children were employed in factories and little boys were used as chimney sweeps because they could climb into narrow spaces. Education was not universal nor considered necessary. Children were expected to be seen and not heard. Bad behaviour was dealt with by severe physical punishment.

Now strict labour laws control the hours and conditions of children's work. Corporal punishment is no longer permitted in schools but there is still heated debate about whether it should be illegal for parents to hit their children. Children's rights to instruct solicitors and to refuse consent to medical treatment are now recognised in law. The principle is gradually becoming accepted that systems and services, such as law, the health service, residential care and so on, should be adapted for children rather than the other way round, though in many cases there is still a gap between principles and practice.

Market forces have recognised children and teenagers as consumers with the right to choose their own styles of dress and entertainment. At the same time there has been a gradual shift towards recognising the rights of children to make choices and to express views about other aspects of their lives. However, the powerlessness of children to do this in certain situations, particularly where they are being abused or bullied has also been realised. Agencies such as the Scottish Child Law Centre, ChildLine and Who Cares? offer advice to children and young people, inform them of their rights and help them to make their voices heard.

The Children (Scotland) Act 1995 stresses the idea of parental responsibilities towards children rather than rights over them. The importance of seeking and taking into account their views is enshrined in the Act. The hearings system has a crucial part to play in putting these principles into practice. It is important that all involved in the hearings system protect the rights of children, whilst recognising the rights of others.

Children's rights embodied in the Act are the right to:

• be treated as an individual
• have a view
• have that view taken into consideration
• protection from all forms of abuse, neglect or exploitation
• family life whenever possible
• have any intervention fully justified
• attend their own hearing
• know what decisions are being made and why.

5 CHILDREN AND FAMILIES

At the centre of the hearings system is the idea that children should, wherever possible, grow up and be looked after in their own families. Parents, if relevant persons, have a right to attend hearings in order to participate in decisions being made about their children, and the focus of any supervision will very often be to support the family.

The Kilbrandon Report ¹⁴ (paragraph 35) clearly expressed confidence in the family:

'The principle . . . is . . . intended, wherever possible, not to supersede the natural beneficial influence of the home and the family, but wherever practicable to strengthen, support and supplement them in situations in which for whatever reason they have been weakened or have failed in their effect'.

The Children (Scotland) Act 1995, in keeping with the UN Convention, underpins the belief that children are best looked after by their parents and emphasises parental responsibilities towards their children rather than rights over them. ( See Law and Procedure)

When problems arise in a child's life, the first attempts should be to support him or her in the context of the family. Only if this fails should alternative measures be sought. The principle stated in section 16 of the Act,

'no court or hearing should make any order or requirement unless they consider that this will be better for the child than no order/requirement at all being made'

is a protection against unnecessary intervention in the lives of children and families.

Those involved in the hearings system need to be aware of their own attitudes and values. These may be very different from those of the family attending a hearing. There is a need to try to remain non-judgemental, while still retaining the idea that the child's welfare is paramount - often a delicate balance.

Families in Scotland in the new millennium

At the time of the setting up of the Kilbrandon Committee the conventional family still existed; family meant mother, father, siblings and an extended family nearby for support. In the intervening years the definition of family has changed. If we bear in mind what children need from their parents, then perhaps the structure of the family is not important, but how the family functions, whatever it's composition, is.

The 2001 Census figures issued by the General Register Office for Scotland recorded a Scottish population of just less than 5.1 million, of whom 19% are children aged 0-15. The total number of children and the percentage of children in the population are both dropping. Black and minority ethnic groups make up 1.7% of the population.

The legal framework of the children's hearings system is based on the idea that children belong in families. The following figures show how family structures have changed over the last thirty years:

• in 1970 - 43 adults in 1000 married; in 2000 to just over 30 in 1000
• in 1970 - 8% of children were born outside marriage. In 2001, the figure was 43.3% (but over 60% of these births were registered by both parents living at the same address)
• almost 85% of children live with both their natural parents
• 8% of children live in stepfamilies.
• in the 16 - 24 age group co-habitation is three times more likely than marriage.

Divorce, separation and new relationships

It is still true, therefore, that the vast majority of children are born into families headed by two parents. However, family break-up has become much more common:

• in 1971 the annual number of divorces in Scotland was 4,500. By 1999 this had risen to 12,000, but decreased to just over 10,500 in 2001
• one in twenty-five children see their parents divorce before they are aged four; one in four by the time they are sixteen years old
• one in six fathers live apart from their dependant children.

The emotional reality behind these figures is that many children are growing up with experience of the stress and insecurity, which inevitably precede family break-up and are then being incorporated into new family structures, which often involve a series of complex step-relationships. The Act emphasises the responsibility on parents to maintain personal relations and regular contact with their children following a separation, but in practice this may not be a realistic option.

Lone parents

Many children are now brought up in lone parents households:

• in 2001, almost 20% of children in Scotland were being brought up in lone parent families
• the majority of lone parent households were the result of divorce, separation and widowhood
• almost 25% of families with dependant children are lone parent families
• 93% of lone parents are women
• only 15% of single parent women are in employment compared to 35% overall
• two in three mothers with dependant children work, or are looking for work; twenty years ago it was less that half
• the number of children living in 'worker-less' households is decreasing.

For many reasons, especially the problem of arranging affordable childcare, lone parents find it particularly difficult to combine bringing up their children with working outside the home. There is therefore a strong link between lone parenthood and poverty that becomes the day-to-day experience of many children. One-parent families are more than twice as likely to be poor than two parent households.

The government has introduced initiatives to support mothers seeking affordable childcare through the Education in Early Childhood initiative.

Family tensions

All children have, at different times in their lives, concerns regarding their family. The following suggests some of the concerns that might arise in different family situations but these may well overlap.

The 'conventional' family

In the 'conventional' family children worry about their relationships with parents, relationship between parents, with brothers and sisters and between them. A change in family structure - new baby or an older sister/brother leaving home is very unsettling. Sadly many children are drawn in to the problems of the family - they can be piggy in the middle or the scapegoat for problems and many children witness domestic violence, alcohol / drug misuse, and some become the victims of child abuse.

Separation and divorce

Separation and divorce can have a major effect on children but most recover and have normal healthy lives. Only 1 child in 16 affected by separation and divorce is prepared by their carers for the split in the family. They face the possible loss of parent, or brothers and sisters and also the extended family. They can also feel they cannot speak about the absent parent and may be concerned about seeming to be disloyal. The adjustment to a new family takes time and needs careful handling by the adults concerned if children are not to feel they are left out and that they may now lose any contact they had with the separated parent. Children affected by separation are more likely to develop health problems, can become withdrawn, may regress, have nightmares and become aggressive. The more often children face separations in families the more likely they are to suffer setbacks. Children need to know they were not responsible and when the time comes be given permission from all the adults concerned to settle in new families.

Lone parents

Children living in lone parent families may face additional difficulties. If death or divorce has been the cause they may feel guilt and grief. They may feel they have no opportunity to share their feelings because these issues will also affect their parent. They may also feel they are now responsible for their parent. Many children living in lone parent families are more likely to become carers - looking after parents who are depressed, abusing alcohol / drugs and the related illnesses.

Stepfamilies

The move to a new family unit also brings difficulties for some children - this can mean a new family; new baby; new everything. They have the problems of fitting in, perhaps getting on with new brothers or sisters. If they are happy in this new unit they may be feeling disloyal - letting a parent down by liking a new partner. The opposites are also true they may feel they are being pushed out in favour of new step brothers / sisters, being scapegoats for problems within the new relationship and losing contact with their extended family.

Single gender families

Some children today are being raised in gay and lesbian families and society has to some extent become tolerant of such new family structures. The success of such families adds weight to the argument that how families function no matter the family structure is more important to children.

Summary

To help them understand and come to terms with changes in their lives children need:

• information
• to keep in contact with their families
• not be drawn into the arguments
• to be allowed to talk, express feelings
• to be listened to!

6 CHILDREN AND SOCIETY

Housing

As a result of changes in housing legislation, between 1979 and 2001 the percentage of owner-occupied houses in Scotland increased from 35% to 63% of the estimated stock of all dwellings, with a corresponding fall in homes being rented. Much of the remaining public housing stock was in poor condition and local authorities have lacked the funding to upgrade and maintain it or to finance new housing projects. Further initiatives have seen much of the local authority housing stock being transferred to housing associations.

Scottish Executive figures show that there were 45,957 homeless applications in 1999-2000. Of the applications in 1999/2000, one in four were from young single people between the ages of sixteen and twenty-four, very many of whom were not re-housed and ended up in emergency accommodation or sleeping rough. The Housing (Scotland) Act of 2001 requires local authorities to provide temporary accommodation for every household considered homeless. About 11,500 young people apply for support as being homeless. Between 20% - 50% of young homeless people have previously been looked after i.e. subject to supervision that may have included residential care.

Poverty

The UN Convention of the Rights of the Child, ratified by the British Government in 1991 states:

'the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development'.

The Convention makes it clear, in order not to be poor, a child has to experience a standard of living that enables her or him to participate in society. Child poverty implies exclusion from mainstream society and a denial of opportunities that are available to other children.

Definitions of poverty

Absolute poverty

Refers to the attempt to define a level of income that will support basic minimum needs for food, fuel, housing and clothing. Most people accept that what is regarded as 'the minimum' inevitably changes over time.

Relative poverty

Looks at poor people in relation to the society to which they belong. The quotes from Professor Peter Townsend and the EC Council of Ministers illustrate relative definitions of poverty. Relative definitions address the problems that lack of income entails: a lack of adequate diet and housing lead to social isolation and exclusion from activities that are accepted in a particular society.

'Individuals ... can be said to be in poverty when they lack the resources to obtain the types of diet, participate in the activities and have the living conditions and amenities which are customary ... in the societies to which they belong'. (Professor Peter Townsend)

'The poor shall be taken to mean persons, families and groups of persons whose resources (material, cultural and social) are so limited as to exclude them from the minimum acceptable way of life in the member state to which they belong' (European Council of Ministers, 1984)

Unlike many other European countries Britain has no official definition of poverty, or for that matter a definition for a minimum standard of living. However measurements, which are commonly used to identify poverty, are:

• households living with below 50% of average earnings taken from the Households Below Average Income
• those dependent on Income Support.

The Breadline Britain surveys were attempts to get a consensual agreement about what it means to be poor. Those conducting the survey presented a cross section of the public with a list of items, and asked them what they considered to be necessities. Forty-four items were suggested and those named by 50% of those taking part in the survey were considered to be necessities. Anyone who lacked three of the necessary items could be defined as poor.

The last survey was conducted in 1999 and these are some of the conclusions:

• 2 million children (18%) lack at least two basic necessities
• 26% of the population cannot afford necessities
• the proportion of people living in poverty grew from 14% in 1983 to 24% in 1998
• 9.5 million people cannot keep their homes heated, damp-free, decorated
• 4 million people are inadequately fed
• 6.5 million adults are without adequate clothing
• 17% consider themselves to be in absolute poverty
• there is a 30 gap between benefits paid and what people actually need.

The impact of poverty on children

In matters of health there is well-documented evidence to suggest that in deprived areas children are more susceptible to childhood diseases and this has an impact on their long-term life chances. Recent research also highlighted that children who are socially and economically disadvantaged have a greater risk of being seriously injured in road traffic accidents.

Educationally, children who come from deprived areas are less likely to do well at school and therefore more likely to be disadvantaged as adults.

Using the Government's preferred measure (50% below average income after housing costs), since 1979 the number of people in the UK living in poverty has risen from five million to fourteen million, or 24% of the population in 2002. In Scotland the figure is 25%. One in three children (a total of 3.9 million) now live in poverty. As well as lone parents, other groups likely to find themselves unemployed or occupying low paid jobs are people with disabilities, people from black and minority ethnic groups and the under twenty-five age group.

The Benefits System

The benefits system is extremely complicated. Because entitlements vary according to individual circumstances, it is not possible here to give meaningful figures in cash terms.

Child benefit

A universal non-means-tested benefit paid weekly to mothers of children up to the age of sixteen (or eighteen if they remain in full-time education). The 2001/2 level was 16.05 per week for the first child (17.55 for lone parents) and 10.75 for subsequent children.

Income support

The means-tested benefit is available to all those who are unemployed or unable to work. The amount is dependent on family size and type, with additions for certain claimant groups such as lone parents, disabled people, carers and pensioners. Over 13% of Scottish children live in families dependant on this benefit.

Working Tax Credit / Child Tax Credit

A means-tested, in-work benefit which is available to low paid workers with children. Applicants must work over sixteen hours per week and it is awarded for twenty-six weeks at a time. Some claimants may be only marginally better off in work than unemployed, owing to the withdrawal of housing benefit and council tax benefit as their incomes increase. The loss of other benefits, such as free school meals, may also reduce their actual disposable income.

The Child Support Agency

The Agency was introduced in 1993 to implement the Child Support Act. It determines the level of child maintenance for parents who live apart. Lone parents claiming various types of benefit are obliged to authorise the Child Support Agency to pursue their absent partners for maintenance as a condition of receiving benefit. If payments are not regular, this can cause increased insecurity for the family. There is also evidence of greater tension between former partners. Fathers required to pay higher levels of maintenance may no longer able to afford to visit their children as often as before and lose contact with them. The absent parent's new second family may also suffer as a result of the increased demand for maintenance payments.

The Social Fund

This was introduced in 1988 to replace the old system of single payments. Two-thirds of payments are dispensed in the form of repayable loans. Payments are made to meet essential items and for living expenses in emergencies. The annual budget is cash-limited and applications that meet the required criteria may be refused if the money has already run out.

Young people

The options for young people aged between sixteen and seventeen are either to remain in education, to get a job or to enter a training scheme where they will be paid an allowance. (In many parts of the country, there is a shortage of places.) Although youth unemployment is falling in disadvantaged areas over 30% of young people are unemployed. The large numbers of this age group without employment have no automatic entitlement to benefit and will receive support only in cases of extreme hardship. Many of them have no financial means of support apart from family or friends. One in seven young people just disappear from the system. The eighteen and twenty-four age group are entitled to reduced levels of benefit.

Religion, race, culture and language

The Children (Scotland) Act 1995 places a duty on local authorities and courts (Sections 17, 22,95) to consider the religion, race, culture and language of children when making arrangements for their care.

These new legal duties reflect the importance of recognising the diversity of the Scottish population. The following information is aimed at providing an understanding of some of the areas which may affect a child and when discussing the placement of ethnic minority children. The Act refers specifically to local authorities to: 'have regard so far as is practicable to the child's religious persuasion, racial origin, cultural and linguistic background'.

Religious persuasion

This refers to the child's religious persuasion not the parents' It refers to the system of beliefs and faith that a child is brought up with or adopts. However those taking decisions about a child should 'have regard (as far as is practicable) to any wishes of the child's parents'.

Racial origin

This can be the child's own country or area or that of their parents, grandparents or ancestors, their culture, their language etc. The more usual term is 'ethnic origin'.

Language

This term means the language of common use within the family. For some children in Scotland English is not their first language.

Culture

This refers to the shared habits and beliefs including values and social norms as well as family structure, ceremonies, dress, diet, music etc.

Racial identity

It is important for all children to develop a positive self-image and, for children from ethnic minorities, this includes a positive racial identity. It can be undermined by negative messages from the white society about being 'black':

• research has shown that children as young as two are aware of racial differences
• it is important to acknowledge that the child's needs will be different
• children may also face racism within the 'care environment'
• most carers of ethnic minority children are white.

Racism

This is the term used to describe prejudice and discrimination towards black and minority people on the basis of their skin colour, culture, language and religion. Racism exists in Scotland today and takes many forms - graffiti, verbal and physical attacks, bullying and harassment.

Sectarianism

Sectarianism stems from strongly held views about religion and can take the same forms as racism. Traditionally in Scotland it is associated with divisions between Catholic and Protestants. It is also present in anti-Semitism and in divisions between the Asian communities.

Asian culture - general

Family

• traditionally extended family, daughters leave home to live with husband's family
• traditionally decisions taken together as a family
• family responsibilities more important than individual wishes.

Religion

• Pakistan is an Islamic state and most Pakistanis are Muslim
• most Indians are Hindu, but also a large number of Sikhs, Muslims, Christians and also Jains and Parsees
• most Bangladeshis in Britain are Muslim.

Language

• there are about 20 main languages
• languages used by the main groups in Britain include Urdu, Gujarati, Punjabi, Hindi, Bengali, Tamil and Malay.

Hindu culture

Hindu religion

• often defined as a way of life rather than a religion
• worship (Puja) centred on the home - performed by eldest member of the family, and this part of the home should not be entered unless invited to do so
• the temple - Mandir is also a centre for worship and these shrines usually face towards the rising sun
• after worship visitors may be offered fruit or sweets - it is impolite not to accept
• worship Brahma - the Creator; Om - God; Vishnu - the Preserver and Shiva - the Destroyer
• the scriptures are called Vedas
• Hindus believe in rebirth or reincarnation and the new life will be determined by how the current life is led
• all adult Hindus are usually cremated - only children under five are buried
• the eldest son (no matter how young) is expected to take the lead in the cremation ceremony
• the caste system determines social position :

  Brahmin - the priestly caste
  Kshatriya - the warrior or ruling caste
  Vaishya - the farmer, merchant and craftsman caste
  Shudra - the servant caste.

Hindu festivals

• DIWALI festival of lights at the end of October - this is a special time for children who receive toys and clothes - Diwali is the start of the Hindu New Year and is celebrated with fireworks
• HOLI - festival of colours celebrated in March - celebrated by the buying and throwing of natural dyes
• NAVRATI - autumn festival - 10 days of celebration - devotional music and religious processions.

Hindu food

• most Hindus are vegetarian and orthodox Hindus will not eat fish or eggs
• those who are non-vegetarian restrict the diet to chicken and lamb
• the cow is a sacred animal
• orthodox Hindus do not smoke or drink alcohol
• special emphasis on personal hygiene, methods of cooking and eating food.

Hindu dress

• women wear saris or shalwar
• married women wear a red spot on their forehead and some wear a streak in their hair parting.

Hindu names

• all Hindus have a first name followed by their father's name and ending in the surname e.g. Amul Rakesh Munshi
• on marriage a girl adopts her husband's name and surname
• the title Shri (Mr) and Shrimati (Mrs) are sometimes used.

Muslim culture

Muslim religion

• Islam governs not only religion, morality, but also social, economic and political relationships
• the Mosque is the centre of religious and community life, animals are not permitted within the Mosque
• there are five pillars of Islam
• the declaration of faith - Kalima
• five daily prayers at appointed times - Namaz
• 2% of man's wealth given to the poor - The Zakat
• fasting during Ramadan - Roza
• making a pilgrimage to Mecca - Hajj
• Holy book is the Koran or Qur'an
• at birth prayers are said into the child's ear by her/his father (baptism)
• shaving of a child's head within a month of birth
• circumcision of boy children
• it is a requirement to bury as quickly as possible usually within 24 hours - cremation is forbidden.

Muslim festivals

• Eid-ul-Fitr - loosely equated to Christmas; Eid-ul-Adha loosely equated to Easter
• these festivals are extremely important and in Britain more and more employers etc. are allowing leave from work to celebrate these festivals
• marriages are mostly arranged by the families.

Muslim food

• pig in all forms is forbidden
• meat not ritually slaughtered is forbidden, can eat Kosher meat
• foods containing lard are unlawful
• all alcoholic drinks forbidden
• the correct etiquette is to eat with the right hand.

Muslim dress

• most women wear the shalwar and kameez
• women keep their legs covered
• strict Muslim women will not speak to men outside their family.

Muslim names

• the naming system is complex and has many variations
• women do not adopt their husband's name; therefore there can be many names in one family
• men usually have two or more names the first being a religious title with origins in the Koran - Allah, Mohammed, Shad, Ullah
• the second a personal name - Rafiq, Bashir
• sometimes there is also a family name - Shah, Chaudrey, Khan
• it is disrespectful to address a Muslim by his religious name alone - the personal name can be used alone but the use of the full name is more polite and formal
• Muslim women traditionally have two names - a personal name - Ayesha, Kulsun; followed by a female title - Begum (Mrs) or Bibi (Miss).

Sikh culture

Sikh religion

• the youngest of the world's religions
• the Holy book is the Guru Granth Sahib and the temple the Gurdwara
• Sikhism asserts equality and brotherhood
• Sikhs are cremated and ashes scattered in a river or in the sea.
• there are two categories of Sikhs - Saihajdhris (the apprentices - not required to be very orthodox) and Amritdharis (must keep rigidly to their religion and observe the 5k's)

  Kesh - long hair
  Kanga - comb
  Kara - steel bracelet
  Kirpan - small sword or dagger
  Kachha - special undergarment

Sikh festivals

• a number of feast days are held during the year to celebrate the birthdays of the ten Gurus
• Sikhs also celebrate Diwali
• the most important festival is Guru Nanak
• the April festival of Baisakhi commemorates the formal institution of the Sikh community.

Sikh food

• most Sikhs eat meat but not Kosher or Halal
• all intoxicants forbidden
• smoking is forbidden.

Sikh dress

• the turban has no religious significance but does have a practical use. It holds up uncut hair, which does have religious significance. It is considered a symbol of authority and responsibility. On occasions such as weddings bright orange turbans are worn
• women wear the shalwar and kameez
• wedding bangles and rings have the same significance as British wedding rings.

Sikh names

• all Sikh men take the name Singh (lion) and women Kaur (princess)
• all Sikhs have a personal name followed by Singh or Kaur and then the name of the subcaste - Sandhu, Sondh - although sometimes the subcaste name is dropped.

Buddhist culture

Buddhist religion

• the faith centres on Buddha and is a way of life and a religion
• to become Buddha - prayer, meditation, retreats and virtuous conduct is essential
• there are Four Holy Truths

  Suffering is universal
  The cause of suffering is desire
  Suffering will end by awakening from ignorance and seeing truth (Dhamma)
  Dhamma is achieved by taking the middle way between self indulgence and self denial
  No killing, lying, stealing
  No sexual misconduct
  No use of intoxicating substances.

Buddhist festivals

• commemoration of Buddha's Birth, Death, Enlightenment and First Sermon.

Buddhist food

• varies according to individual belief
• fasting days New Moon and Full Moon.

Chinese culture

Chinese religion

• background of ancestral worship
• most Chinese have an altar or shrine in their home
• way of living governed by an ethical code

  Ying - Human Kindness
  "Yi" - Integrity
  Li - Courtesy
  Tze - Wisdom family education very important.

Chinese festivals

• New Year - end of January beginning of February; and each New Year carries the name of an animal - children receive 'lucky' money in a red packet
• Moon Festival - middle of August - moon cakes are made and children have lanterns at night
• Lion Dance - chases away bad luck and attract good luck - performed at big ceremonies e.g. weddings, opening a business, moving into a new house
• Dragon Boat Race - held on 5th day of 5th lunar month (June or July).

Chinese food

• like to eat freshly prepared food
• eat all foods.

Chinese dress

• no restrictions
• red is lucky, black is unlucky.

Chinese names

• surname or family name is written first
• surnames relate to family's village area
• after the surname there are usually two personal names.

African and Caribbean cultures

• Black Africans in Britain are mainly from Nigeria
• West Indians from the Caribbean

African and Caribbean Religion

• most Africans are Islamic
• African Christians have formed sects - their religion informs their whole life
• most West Indian worship is Pentecostal.

Rastafarian movement

• religious sect emphasises black identity - believe in the divinity of King Haile Selassie
• Rastas grow their hair in long dreadlocks and often wear large woollen hats
• Red, green and gold are the Rasta colours
• Rastas eat 'ital' food - excludes pork and salt - some eat only fruit and nuts
• Ganja-herb or marijuana is smoked as an act of religion.

African and Caribbean festivals

• Christians celebrate Christian Festivals, Muslims celebrate Eid

African and Caribbean dress

• less emphasis on straightening hair more on plaits and beads and afro-cut
• many Africans wear traditional dress on special occasions.

African and Caribbean food

• Afro-Caribbean parents prefer tropical foods - young people are more westernised
• Muslims and Rastifarians don't eat pork.

Judaism

Jewish religion

• a belief in one universal God
• a wish to carry out the ten commandments embedded in the Pentateuch - the first five books of the Old Testament
• to practise charity and tolerance to all
• Sabbath begins before nightfall on Friday until the sighting of three stars on the Sabbath.
• cremation is forbidden
• family mourning period of seven days - the family do not leave house but are visited by family and friends morning and night for prayers
• ten men should be present for these prayers
• a small prayer scroll - Mezuzah - is attached to the door lintel of Jewish homes.

Jewish festivals

• Yom Kippur - the day of atonement - involves twenty five hour fasting and falls in late September / October according to the lunar calendar
• Passover - lasts for eight days during March / April. Only bread eaten during this time is unleavened. Matzos (water biscuits) are produced for this festival.

Jewish food

• only eat meat which is kosher
• pig and horse are totally forbidden
• observant Jews will not take meat and milk at the same time and usually wait three hours in between each type
• do not eat shellfish or fish without scales and fins.

Jewish dress

• normally reflects current fashion
• some men wear the kippah - scull cap at all times
• orthodox Jewish boys don't have a haircut until their third birthday.

Implications for hearings

It is important that those involved in the hearings system remember that in treating every child as an individual they must consider the child in the context of his or her family, race, gender, class, culture religion, language and ability when making decisions. The Arrangements for Looked After Children (Scotland) Regulations 1996, which includes children on supervision requirements, state that if such a child is being placed away from home these factors are considered. At any review of a looked after child, the following issues that should be explored include:

• has the child been able to discover/express views about ethnic/cultural background?
• is the child in touch with his or her background?
• if not what steps are being taken?
• can the child practise his or her religion?
• are the staff working with the child aware of these needs and how to address them?

Some useful hints

• DO check out how to address people, family, relations.
• DO avoid terms, jargon, slang which can be considered offensive.
• DO appreciate that it may not be the custom to shake hands and that cultural differences in body language may cause misunderstandings.
• DO remember that in some communities women may not wish to be in the same room as a man who is not family.
• DON'T use terms of endearment.
• DON'T ask for 'Christian' names.
• DON'T assume that speaking English is the same as understanding it.
• DON'T make assumptions - ask questions, explain what you want to be sure everyone understands.

When making decisions about children with racial, religious, cultural and linguistic needs, appropriate information should be contained in reports. The child, family and others involved with the child should be able to address the issues or provide additional support to ensure they can be implemented.

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