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Guidance on Parenting Orders: Antisocial Behaviour etc. (Scotland) Act 2004

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PROVISION OF PARENTING SERVICES

Strategic Planning

  1. Existing provision of parenting services across Scotland is patchy. The Executive is making available new resources to help local authorities plan and develop the provision of these services at local level. £1m has been made available in 2004-05 to get this work underway; £2m per annum will be available throughout the three-year national pilot phase.
  2. Different departments within local authorities and other agencies such as health services have a key role to play in the provision of parent support and the use of parenting orders. It will be important that all those involved work together effectively to take a strategic overview and to plan the way ahead to maximise the impact of this funding by identifying pressures in the system and how these can be addressed. Each local authority will need to map existing parenting services and depending on the position locally, they could for example look to bring additional structure to existing services and and/or ensure they have efficient assessment and referral mechanisms in place. Introducing or expanding relevant training for staff might be a priority. They might also wish to provide or bring in new services to complement existing provision - both those services provided on a universal basis and those that are targeted on particular groups. Local mechanisms should be utilised or developed to monitor effectiveness of services and evaluate outcomes against agreed performance indicators.
  3. Local authorities and their local partners should, within the national context established by the framework document, collectively set out an agreed approach for the use of parenting orders to ensure coordinated and consistent practice. In agreeing their approach local authorities should be mindful of their statutory duty (under s22 of the 1995 Act) to safeguard and promote the welfare of children in need. They must also take account of their new duties under the Education (Additional Support for Learning) (Scotland) Act 2004. It is reasonable to assume that some children whose parents are being offered parenting support (or being considered for a parenting order) might be the subject of a Co-ordinated Support Plan under the ASL Act.
  4. The agreed approach should also be set in the context of all local parenting support activity. It should include the steps that should be taken to engage with a parent before a parenting order is considered; including identifying which agencies should be involved at this stage.
  5. Utilising the expertise and experience from existing multi-agency activity such as integrated children's services planning, Joint Action Teams and, where antisocial or offending behaviour is an issue, local Youth Justice Strategy Groups may well prove useful in the planning process. This multi-agency activity provides a co-ordinated response to issues associated with children and young people in relation to both welfare and antisocial/offending behaviour. Consideration should be given to the benefits of linking with School Boards, Registered Social Landlords and existing local community and consultation forums, including those that involve minority groups as they may provide access to the views of parents. Parents should also be consulted directly on local needs and on the design and delivery of services, including those who have already participated in a parenting service.
  6. There should be clear protocols and agreements established between agencies in relation to the sharing of information. The ability to work effectively across agencies with parents and young people may be hampered by a lack of clarity about joint-working arrangements and confidentiality policies. The Executive has recently issued guidance on information sharing to help those working with the measures in the ASB Act - http://www.scotland.gov.uk/library5/social/asbi-00.asp. Training may also be required to ensure that all those working in front line services are aware of and implementing local arrangements.
  7. Information about parenting and family support and services available locally should be made available to all those with an interest, for example parents, local authorities, health, voluntary organisations, police, reporters and panel members. This information should make clear what those services are designed to provide and for who.
  8. Parents may need support whatever the age of their children, from pre-natal until they turn 16 (or possibly older in respect of children deemed to be "in need" under the 1995 Act). There is no one correct model of parenting support that will address the diverse and often complex needs of parents and families. Some parenting needs may be successfully addressed in group work, one-to-one or family work, or a combination of these. The content and mode of delivery of parenting interventions should be based on clear theoretical principles, on evidence of effective practice and on an understanding of the diverse needs of the client group. Research suggests that parenting interventions should have clear aims and objectives related to identified need and to reducing parenting risk factors and strengthening protective factors. Family-focused work has also been found to be more effective than interventions that focus solely on parents. Delivery issues should be discussed amongst all agencies involved through local, regional and national networks.
  9. Information and materials used should be accessible to participants and wherever possible reflect their backgrounds and experiences, for example culture, ethnicity, religious beliefs, language, literacy levels, family structure, gender etc.
  10. There should be a multi-agency review of the demand for and availability of parenting support services and the effectiveness of assessment and referral mechanisms. Reviews should be carried out at least yearly and more often where that is appropriate.

Assessment

  1. Parenting capabilities should be assessed within an overall assessment of the needs of a child and should be consistent with the forthcoming integrated assessment framework for children and young people. Detailed advice, guidance and case studies on assessment are set out in the framework document.
  2. In deciding whether parenting support is needed, those carrying out assessment must make a judgement about whether the parent's behaviour is a significant factor in a child or young person's behaviour or needs and whether parenting support could help remedy this.

Voluntary intervention

  1. Once it is identified that better parenting could help meet the child's needs there should be prompt direct contact with the parent to help them engage and to encourage them to participate voluntarily with help and support offered to them. In considering what form of help is appropriate, the circumstances of the parent(s) and their family should be discussed amongst relevant agencies. Voluntary participation by parents should be sought. Opportunities and mechanisms should also be put in place to allow parents to self-refer to services.
  2. It is important the mother is not targeted for parenting support primarily because they are the easiest to access. Effective intervention requires involvement and support of other significant carers as well. The needs of parents will clearly vary: for example some will simply need information about an issue affecting the young person (eg drugs, bullying, mental health etc); others will need more structured support and guidance.
  3. Some parents may be willing to participate voluntarily. Others might need considerable encouragement before they engage in the process and might require a more formal structure to support their involvement. One way of offering that structure would be through a voluntary agreement such as an Acceptable Behaviour Contract ( ABC). An ABC is a written agreement between an individual and relevant agencies. They can, for example, be used with parents to offer them support to help them engage with the services on offer and to take action to prevent their children acting antisocially or truanting. It will set out what the parent has undertaken to do to help address the needs/behaviour of their child and the support the local authority or other agencies have undertaken to provide.
  4. Those looking to involve parents on a voluntary basis, where there are concerns about the impact of their behaviour on the child, should explain to the parent (and where appropriate the child) the possible consequences of failing to engage voluntarily. When a parenting order is being considered, special care should be taken in explaining their legal rights and responsibilities, for example, their right to representation, to appeal, to vary or revoke an order, breach procedure, potential penalties and appearances in court. This should be done in a way that is easily understandable and avoids the use of jargon.

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Page updated: Friday, April 22, 2005