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7 Respected and responsible children
Children and young people and their carers should be involved in decisions that affect them, should have their voices heard and should be encouraged to play an active and responsible role in their communities. Vision for children 2005
It would give the kids a better chance of making it work. (Alexander)
She's there to let you see your rights and that you get what you need. She gives you good guidance and stuff. There should be more of [name of children's rights officer]. She used to take us shopping and she talks to you about stuff - not real stuff just ordinary stuff. I mean real stuff too but … I don't know, its just good. She treats you like a person, you know. (Claire)
Respecting children and young people
198. In practice, genuine involvement of children and young people in decision-making is complex and hard to achieve. The young people who contributed to this review had clear ideas about how and when they had been respected and treated as responsible and when they had not. Chris described how his social worker made him feel respected and responsible as he was transferred at the age of 15 from an adult prison to a secure unit:
The good thing was, because of the relationship I had with my social worker … he knew me really well and he understood my nature and what was going to work for me and what kind of place I would respond to the best. When I first went there, when I got out of the car, they walked away from me. I mean the amount of trust those two gave me … the amount of trust they gave me was unbelievable. (Chris)
Colin described feeling left out at children's hearings:
It was scary, it was strange. I remember one of the guys. I don't know if he was the main man. He was sitting in the middle of the table He was like a judge or something. About a dozen people were round what seemed like this huge table in this room. You knew everyone was talking about you but you just sort of sat there playing with your thumbs, kicking your legs and stuff. All the decisions were made. (Colin)
199.Getting it right for every child (Scottish Executive 2005d) recognises the importance of reducing the numbers of meetings, referrals and processes involved in planning for children and young people. Yet, systems designed to help children and their families do not always do so.
Processing children, young people and their families through the criminal justice, children's hearings and child protection systems does not necessarily lead to good outcomes. Research evidence suggests that formal measures put in place to tackle low risk offending or low level concerns about children's welfare can sometimes be counter productive. They can lead to alienation of young people and their families from those agencies designed to help (2005d: section 2).
200. Some of the young people who contributed to the review were conscious of the stigma of being looked after:
When you were a kid in care, you got the blame for everything anyway 'cos there was no one to stand up for you. (Theresa)
Others gave examples of how they continually had to deal with other people's prejudices:
My boyfriend's mum, she had problems with me because she couldn't understand that I'd been in a home. She thought it must have been my fault. (Siobhan)
People don't expect ex-care kids to be smart and polite. They think they're going to be meeting druggies and hard criminals! (Chris)
201. Many young people do not become looked after because of their offending behaviour. However some do, and when a child's behaviour is causing serious concern compulsory measures of supervision through the children's hearing may be required. Getting it right for every child (2005d) addressed the concerns about the children's hearings' ability to deal with persistent offending behaviour. A number of recommendations were made to strengthen, improve and streamline the hearing system. Supporting vulnerable young people is widely recognised as being the most effective way of preventing them from becoming involved in crime and anti-social behaviour. It is also imperative that young people who offend are supported, engaged and re-integrated to prevent re-offending and enhance their life-chances.
Ministers set the current youth justice agenda in 2002. Local teams have done considerable work towards meeting the youth justice national standards by March 2006, but more needs to be done if we are to ensure that we effectively challenge young people's offending behaviour and meet their needs. We also now need to think … how we can build on the national standards and focus on the outcomes for young people we want from youth justice. (Cathy Jamieson MSP, Minister for Justice March 2006)
202. Managing the behaviour of looked after and accommodated young people can be a real challenge to the staff who care for them:
Staff in residential child care therefore need training, advice, supervision and support in undertaking this demanding work, since they are often doing the hardest of social care jobs ( SIRCC 2005:1).
An inspection of a secure service by the Social Work Services Inspectorate ( SWSI) in 2005 identified that when some young people were causing serious difficulties for staff, the police were called to assist and the young person was then charged with an offence. Some of these young people came to the service as in need of care and protection and did not have any criminal convictions on admission. Evidence from inspections by SWIA in 2005 suggests that this is also an issue in other authorities. Holding Safely ( SIRCC 2005) recommends that all units should, as part of their care planning, record their assessment and management strategy for each child who presents challenging behaviour. Calling the police to support staff in certain circumstances when safety of staff or other young people is at imminent risk is appropriate. However each incident should be recorded and carefully reviewed. Managers and local police should review their practices of working together and seek to minimise the involvement of the police and any subsequent charges against the young person.
203. The control of young people in residential units is a complex subject; both the staff and young people have rights and responsibilities. As the ministerial forward to Holding Safely ( SIRCC 2005) notes, residential childcare is intensive and at times very difficult work. The guidance on restraining young people recognises that:
… children under their care can also be creative, caring and capable, and so practitioners must engage with them in ways that help them grow to their full potential (2005: iii).
The guidance also recognises the importance of a positive ethos and good management of a unit, which can create a climate where violent incidents are kept to a minimum. The problem of further damaging experiences whilst being looked after has been recognised for some years. The Department of Health's paper Messages from Research - Caring for children away from home (1998) noted that:
It is for example unacceptable that children in public care should be victims of abuse, emotional, physical or sexual, inflicted by carers or other children with whom they live. Nor can it be right that children should become delinquent as a result of being looked after (1998:17).
This research recognises the complex task of staff. In particular, how staff can feel undermined by not having a say in who is admitted to a unit and being uncertain about the differential risks posed by young people individually and collectively. In the following chapter, which looks at the importance of including children and young people, we discuss these issues further.
204. We found that children and young people appreciated professionals who were willing to take their side and speak on their behalf, as an advocate or an adult putting their point of view in disputes or insisting on finding the right resource to help.
My social worker, he was going crazy 'cos there were no beds for me [in residential care]. He really knew me well. Because of the relationship I had with my social worker and because of the way he had done his report, I got the best place for my nature I could possibly have got. (Chris)
205. We found that young people understood the pressures on professional staff and were very forgiving of occasional problems. But they were distressed when they thought that their workers did not really care about them. Lateness, cancellations and simply not turning up without explanation (or turning up unannounced) were common complaints. They wanted professionals to keep promises:
My social worker just turns up without letting me know she's coming, and then gets on at me when I'm not there! (Ian)
Young people wanted to be treated with the same sensitivity and consideration that adults would be given:
I mean, your social worker takes you to Burger King to talk to you and that's useless. You can hardly sit and break your heart in Burger King, can you? (Liam)
The right to participate in decisions
206. Involving young people in decisions is complex. The Children (Scotland) Act 1995 requires parents to consult their children when major decisions are being made about them or their family. Statutory guidance on community planning (Local Government in Scotland Act (2003)) states that:
Local authorities in their initiation and facilitation of the community planning process should consult and cooperate with a wide range of interests including … bodies such as: young people and youth work bodies who already make a valuable contribution to the planning and provision of services through their involvement in youth forums and their active citizenship (Scottish Executive 2004:8).
207. Looked after children and young people should be appropriately involved in day-to-day decisions in foster and residential homes. Some homes have young people's consultative groups which discuss outings, diet and menus, decor, pictures and so on. Professionals need to take account of children's age and maturity when seeking and taking account of their views, but every child is entitled to contribute. There can be a significant imbalance of power between adults and children and young people, and between professionals and people who use services. As Detheridge (2000) recognised:
The freedom to communicate will depend not only on the availability of appropriate communication mechanisms and sensitive interpretation, but also on the power relations in the exchange and the attitudes established over time (2000:114).
208. Consulting children and taking account of their views involves trying to find out and then exploring the reasons for children's views, to make sure they are properly understood. Allowing enough time for this can be important. Adults must be prepared to give time and, especially with younger children, encourage communication through drawing, toys or play. Adults also have to be alert to the pressures upon children and young people, which may inhibit them expressing their true feelings. These pressures can be many, such as fear of consequences, loyalty to parents, guilt and feeling by the child or young person that they are to blame.
209. Parents and carers who took part in the Scottish Executive child protection audit and review in 2002 felt they were not informed about what was happening. Some felt overwhelmed at case conferences:
Arrangements to provide families with support were variable as was practice in ensuring they fully understood the outcomes of the meeting. Sometimes key family members, such as grandparents, were omitted from discussions. Relatives who took on the long-term care of children often felt unsupported and felt their requests for help were ignored (2002c:12).
Guidance states that local authorities should give children and their parents information at an early stage. This should be both orally and in writing, including advice about, and the opportunity to discuss, the various consequences of decisions they may take. They should be actively involved in assessments, decision-making meetings, reviews and case conferences. They should be given help to communicate their views and prepare their own written reports or statements for meetings (Volume 2 Guidance to the Children (Scotland) 1995 Act).
210. Island and rural authorities may have particular challenges in meeting the wishes of parents and/or their children, if they do not want their child placed on the mainland. Some authorities use imaginative packages of care in partnership with voluntary organisations.
One remote local authority which was having difficulty providing services in its area for a teenage boy who had special needs, entered into a partnership with a residential school. The school seconded one of their staff as an outreach worker. The worker stayed locally to the boy's home and spent half of each week encouraging him to take part in local activities and supporting his family to care for him the rest of the week. The workers encouraged the boy's father and siblings to join him in the activities. As a result, family relationships have improved and father and son are developing a better relationship.
211. An audit of the use of the looking after children materials found that two thirds of records did not clearly identify children's views, or indicate that children had seen reports professionals had written about them ( SWSI 2004). The 2002 child protection audit concluded that:
… while professionals had children's 'best interests' at heart, they often did not consult with children to determine what their 'best interests' were (Scottish Executive 2002c:12).
This review found a number of young people felt unable to influence decisions about their lives. They felt left out of the decision-making process:
There shouldn't be reviews as they're pointless when everyone knows what's happening and they change nothing anyway. (Liam)
Some found it difficult to express what they thought in front of children's panel members:
They asked me in front of everybody if I wanted to stay with my mum or my dad. How's a wee kid going to answer that? (Thomas)
212. We also found examples of skilled workers who spent time and effort helping even very young children give their views in different ways and for different purposes. Some had developed their own materials to help children express their views. However there was no consistent approach by local authority and voluntary organisation staff to involving children and young people. We found one voluntary organisation using computer assisted communication for disabled young people who do not use language. This technology enabled the young people to 'have their say' in reviews and in day to day discussions with staff.
213. Looked after children have a role to play in shaping the services that support them. In 2005, the Care Commission held a consultation day for looked after young people in residential units. Children and young people can educate planners and policy makers about what it is like to use their services, what helps and what does not. Office for Standards in Education ( OFSTED) in England is involving young people in inspections of youth services. The Commissioner for Children and Young People in Scotland has noted that:
Involving children and young people in the community planning process is essential if you want to plan services that truly reflect their needs. In doing so it is essential that planners recognise the importance of allocating adequate resources and time to make this happen (Scottish Executive Consultation note on engaging children and young people in community planning 2005:8).
Children's wishes to be cared for within their families - a focus on kinship care
Nana takes care of us. (Katie)
214. Children have been looked after by extended family for many generations. However where a children's hearing or court has formally made children the subject of an order, they are described as looked after by the local authority in kinship care. At present there is no precise definition of kinship care in use in Scotland. These placements are called different things in different local authorities - 'relative care', 'link care' or kinship care.
215. We asked researchers to look in detail at kinship care for looked after children in Scotland. The researchers completed a national survey of policy and practice in Scottish local authorities in working with children in kinship care. They also completed an intensive study of the experience of 30 looked after children who were formally placed with kinship carers in 24 households (Aldgate and McIntosh 2006).
Main findings:
- local authorities' policies on kinship care and the amount of support they provide to children and carers differ widely
- many of the 30 children in kinship care had been at risk of significant harm before being placed
- all of the children would have needed to live with foster carers or in residential care if they had not been placed with relatives or friends
- most of the 30 children were receiving full-time education and doing well
- many of the children had been living in kinship care for a considerable time and most families expected the children to remain with them permanently
- the impact on carers' lifestyles and income of looking after the children was significant and many experienced high levels of stress and money worries
- placements were often made in an emergency, without planning or preparation
- financial support for looked after children in kinship care depended on where the carers lived
- carers felt that their efforts and the costs of looking after the children were poorly recognised by local authorities and central government
- the carers found practical help, advice and emotional support from social workers made a big difference to them, especially at the beginning of placements.
Providing services
216. Some local authorities told the researchers that they tried to place children within their own families wherever possible, as an alternative to foster or residential care. The 30 children were placed with relatives or friends using a number of different legal routes, though most were looked after because a children's hearing had made a supervision requirement.
217. The research found that assessment practices (both of children's needs and carers' capacity) varied widely between the 32 authorities. Local authorities distinguished between occasions where they had chosen to place the child with relatives, and other circumstances where a children's hearing had made the decision. In some areas, there was evidence of family-led assessment and decision-making, where local authorities used family group conferences to help agree plans for children's care.
Circumstances of the 30 looked after children in kinship care and their carers
218. The ages of the children ranged from eight to 16 years and all were white. While this group does not necessarily replicate the experience of all looked after children in kinship care and their carers, they are a good sample. The reasons for their placements included parental substance misuse, physical abuse and neglect, and the death of a parent. The majority of the carers were grandparents in their 50's or older.
The children's views
219. The majority of the children who took part were able to tell the researchers why they had come to stay with their relatives. Fewer were clear about why they had stayed. Although children had had to adapt to living in a different kind of household, a new area, or to their carers' particular style of parenting, most had found sanctuary, stability and clear boundaries in their placements. All felt loved and had secure relationships with their carers. Their lives were positive, full of fun and achievement. Most children had a network of friends and ordinary leisure activities. All were able to identify a caring adult to turn to, usually their carer, when they had problems.
220. Contact with their parents was very important to the children. Most children had some contact with their birth mothers though half saw their mother less than once a month. Fewer than half had contact with their fathers. Children and carers differed in their views on contact. Most children wanted to see more of their parents whereas carers were content with existing arrangements. Although they understood the need for the child to have contact, carers were often concerned about children being let down by their parents, or disturbed and distressed by stressful or unsafe contact.
Security in the long-term
221. Aldgate and McIntosh (2006) found that carers became responsible for the children because they had a personal commitment to them and did not want to see them living with strangers. For the most part, in spite of the worries, carers said that looking after the children kept them active, and they got a lot of satisfaction from seeing the children do well. Most carers appeared to be coping well with the demands of parenting, though some reported that the stress involved had made their health worse. Older carers worried a great deal about what would happen to the children when they could no longer look after them. This confirms the findings from Growing Support (Scottish Executive 2002a) that local authorities need to do more to involve the wider family in planning for contingencies.
222. Aldgate and McIntosh (2006) found that financial support to kinship carers is complicated by the system of transfer of child benefits from parents to kinship carers. Carers reported considerable difficulties and delays in transfers of benefits. These delays also put strain on social work budgets. The study suggests that the merits of paying kinship carers of looked after children in Scotland an allowance through the tax and benefits system should be explored.
Local authorities' support for children in their placements
223. Most local authorities divided their kinship carers into two groups. Those who were approved as foster carers, and the remainder. Relatives who were treated as foster carers had access to a much wider range of support. The most common source of support for kinship carers was a named social worker. Over two thirds of children in the study saw social workers as people who were helpful to them. Helpful social workers provided information, advice and counselling and access to other services and they supported carers to manage the child's contact with parents. Community-based groups were also an important source of support. One local authority addressed the need to support kinship carers through identifying a worker with specific responsibility for kinship care.
Paying for kinship care
224. Over half the carers were living on state benefits and only five had a full-time wage. This echoes research findings from other studies (Hunt 2001) which found that kinship carers tend to be older, poorer and more likely to be single parents. They have lower incomes than foster carers and also receive less money for looking after children who would otherwise be in foster or residential care.
225. Both local authorities and the carers were interested in the question of how much financial support kinship carers should receive. Currently the amount of money local authorities pay to carers for looking after children differs widely. Kinship carers were generally paid less than the basic fostering allowances paid to other carers for a child's food, clothing and maintenance. In around half of the families, the local authority made no consistent payment at all towards the care of the child.
Assessing carers
226. Kinship carers have to manage complex family relationships and contact. In some circumstances, relatives or friends are unable to meet children's needs safely. Finding the right care option for any looked after child should depend on a skilled social work assessment of the child and his or her family network and careful assessment of any kinship carers who come forward.
Improving support for kinship carers
227. Aldgate and McIntosh (2006) concluded that outcomes for kinship carers and their children could be enhanced if, first, the Scottish Executive and local authorities adopted the same working definition of a child cared for in kinship care, for instance,
a child being cared for by a close friend or relative where a legal order has been made, including a residence order, or where the child has been accommodated (2006:152).
Secondly, that local authorities should support looked after children living in kinship care by paying an allowance to their carers which is at least the equivalent of the basic allowance paid in respect of looked after children placed with foster carers, currently known as the fostering allowance. Thirdly, Aldgate and McIntosh (2006) found a wide variety of approaches by local authorities to assessing the suitability of kinship carers to care. They concluded that the safety of children in kinship care would be strengthened if all local authorities reviewed their assessment procedures for kinship carers.
228.SWIA (2005a) inspectors have identified the assessment of kinship carers as an important factor in the protection of children. All local authorities should have a clear assessment procedure for kinship carers which is sufficiently robust to meet both the immediate and continuing care and protection needs of any child for whom the authority has a legal responsibility.
229. The financial support of children in their families through tax credits and other benefits are reserved matters. They are designed primarily for children living with their parent(s). In Aldgate and McIntosh's study (2006) some carers reported difficulty in getting access to child benefit which is usually paid to mothers. The researchers concluded kinship care arrangements for children are often fluid and flexible arrangements with some children living with different family members who would be helped by advice and guidance on applying for appropriate benefits.
What we can do to make sure children and young people are respected and responsible.
i. Treat looked after children and young people with respect. They recognise and respond to respectful treatment by adults.
ii. Only tell others that a child or young person is looked after by a local authority if it is essential for their well-being, and explain to the young person why this is necessary.
iii. Spend time with children and young people, share their interests and try to understand their worries.
iv. Offer intensive support to young people who are offending to help them to stop and become responsible adults.
v. Enable children and young people to become involved in decisions about their lives, and take time to allow children to say what they think.
vi. Recognise and act upon the communication needs of disabled children and use forms of assisted communication where necessary.
vii. Encourage looked after children and young people to contribute. Consult them about the way services are provided for them.
viii. Use kinship care wherever possible to keep children and young people within their family network.
ix. Provide kinship carers with financial assistance and support.
Key issues:
- improving practices for responding to challenging behaviour by young people in care homes
- the need for a national definition of a child being looked after in kinship care
- improving consistency in the assessment of kinship carers between local authorities
- ensuring kinship carers are paid enough to properly support the children and young people in their care.
Further reading and web sites
Centre for research on families and relationships and Childline Scotland (2005) Children's concerns about the health and well-being of their parents and significant others, including children's responses to the research findingswww.crfr.ac.uk
Centre for research on families and relationships - the University of Edinburgh (2005) Relationships between grandparents and teenage grandchildren - research briefing 23
Renewal.net (2005) Solving the problem www.renewal.net
Percy-Smith J. (2005) What works in strategic partnership for children? Barkingside, Barnardo's
There are a number of sources of advice on how to consult and engage with young children www.earlychildhood.org.uk
Scottish Executive (2004) The Local Government in Scotland Act 2003 Community Planning: Statutory Guidance
Scottish Executive (2005) Consultation on advice note on engaging children and young people in community planning
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