Valuing Diversity

Valuing Diversity

Chapter 2: The Legal and Social Context

The Legal Background

New Duties Under The Children (Scotland) Act 1995

The duty in the Children (Scotland) Act 1995 "to have regard, as far as practicable, to the child's religious persuasion, racial origin and cultural and linguistic background" (1) is, with the exception of the reference to religious persuasion, the first time that the diversity of children and families in Scotland has been recognised and accorded importance in Scottish child care law.

The Act refers specifically to local authorities having such regard in:

Section 17(4), when making any decision concerning a child they are or may be looking after.
Section 22(2), when providing services for children in need.
Section 95, when an adoption agency or court is reaching a decision.

Even where the duty does not apply, there is no barrier to social workers, children's panel members or sheriffs having regard to a child's religious persuasion, racial origin or cultural or linguistic background. It would probably be impossible otherwise to assess how to safeguard and promote a child's welfare. Social workers should address this in their reports to courts or children's hearings.

Clarifying terms used in the Act:-

Religious persuasion means the child's religious persuasion, not the parent's. It refers to the system of beliefs, faith and worship that a child is brought up with or adopts. There are many faiths and religions in Scotland, including Christianity, Islam, Judaism, Hinduism, Sikhism and Buddhism, and denominations within each. In identifying a child's religious persuasion, it is important to find out as much as possible about the background, beliefs and level of adherence. The Act also requires account to be taken of parents' views when looking after a child (section 17) and specifically in the case of adoption to "have regard (as far as is practicable) to any wishes of the child's parents and guardians as to the religious upbringing of the child".(2)

Racial origin is a broad term which can imply a number of factors concerning a child - their own country or area of origin or that of their parents, grandparents or ancestors, their language, their culture and so on. "Ethnic origin" tends to be used more generically. Local authorities and voluntary organisations which collect data on ethnicity may use some or all of the following categories:- African, African - Caribbean, Asian, Chinese/Vietnamese, white British, white European, white other, black of mixed parentage and other. It is important that the categories used to classify ethnicity recognise diversity. Depending on the level and type of service provided, much more detailed information will need to be recorded concerning some children and families, such as the particular country and any particular group within that country, from which they or their family originate.

Linguistic background refers to the language that a child is brought up to speak or to the language in common usage in their family of origin. For some children in Scotland, English is not their first language. Some will be bilingual, others not. Whilst English may be a second language some may not have been taught to read and write in their first language.

Culture refers to a number of shared habits and beliefs. It embraces values and social norms as well as more specific practices with regard to family structure and ceremonies, dress, diet, music, art and drama. The cultures of different groups of people who have migrated to Scotland do not necessarily remain static, but both influence and are influenced by the majority culture (3).

There is room for interpretation of the meaning of such phrases as "shall have regard to" and "as far as is practicable". There may be occasions where it proves not "practicable" to meet a child's racial, religious, linguistic and cultural needs. For instance, where it proves necessary to remove a child quickly from a situation of significant harm and the only foster home available is not fully able to meet these needs. However, practicability is likely to reflect the planning and preparedness of local authorities and voluntary organisations to meet the diverse needs of children. "Passive acceptance of legislation is likely to have little effect on children's lives. To remove racism from their lives two things are needed: a dispassionate determination to use legislation to ensure the right of every child to equal treatment and a passionate personal commitment to challenge racism wherever it exists." (4).

The Children Act 1989

Part X of the 1989 Children Act, which relates to child minding and day care of young children, applies in Scotland. Under Section 74, a local authority can cancel the registration of a child minder if the care provided is "seriously inadequate having regard to the needs of (the) child. ... In considering the needs of any child ..... a local authority shall, in particular, have regard to the child's religious persuasion, racial origin and cultural and linguistic background". (5) The fact that registration can be cancelled for these reasons implies that these aspects should be considered at the time of registration.

The Race Relations Act 1976

The Race Relations Act makes racial discrimination unlawful in fields such as "employment, training and related matters, in education, in the provision of goods, facilities and services and in the disposal and management of premises". (6) The Act also gives individuals the right of direct access to civil courts and industrial tribunals to seek remedies for unlawful discrimination.

The Act places a duty on Local Authorities "to make appropriate arrangements with a view to securing that their various functions are carried out with due regard to the need:

a. to eliminate unlawful racial discrimination; and

b. to promote equality of opportunity and good relations between persons of different racial groups". (7)

The Act established the Commission for Racial Equality to help enforce the legislation.

Immigration and Asylum

For some black and minority ethnic children and families, coping with immigration issues can have a significant impact on their lives. For example, it is possible for a mother who has British citizenship to return to Britain with her child(ren) and then have to wait for her non-British husband to obtain a visa to come and join her.

This can sometimes mean living apart for up to three years.

Some children will only have temporary visas to remain in the U.K. and this can affect case planning, particularly if they start to be looked after by a local authority.

If a family or unaccompanied child seeks asylum, an application must be made for exceptional leave to remain in the country. Circumstances, such as the political situation back home, will dictate the outcome. Exceptional leave to remain has to be renewed every 12 months, although after seven years the family can apply for indefinite stay. The stress of such uncertainty can be severe, particularly where the family has suffered torture or fear of death. Families may not speak English, may feel isolated, and may be unaware of the procedures they need to follow.

Practitioners need to consider the impact of these issues on families and know where to refer people for information and legal representation. Chapter 7 gives contact names and addresses.

Racism and Sectarianism

The Existence, Effects and Extent of Racism

Racism is the term used to describe prejudice and discrimination towards black and minority ethnic people on the basis of their skin colour, culture, language and religion. It is derived from a belief - conscious or subconscious - in the superiority of white people. Racism exists in Scotland today. Its manifestations include graffiti in public walkways, verbal and physical abuse, bricks thrown through windows, petrol bombs, excreta through letter boxes, bullying at school and harassment on the way to and from school.

The effects of racism include resentment, insecurity, fear of travelling on public transport at night, lowered self esteem, family poverty, ill health, serious injury and death. Research shows that being a member of a black and minority ethnic group substantially increases the risk of family poverty (8). Black and minority ethnic families may look to social work agencies for support and it is important to be sensitive to the likelihood and effects of racism.

"Scottish victims of racism told Childline their harrowing tales .... A girl aged 12 said, "I feel sick, I am ashamed of being black and would like to be white" .... Reeta, then said: "They call me "Paki" and shout "You don't belong in this country". ...... Mandy, 14, .... has experienced racist bullies at school. She said "I'm coloured. I feel awful. They call me "nigger" and "black bitch" ....... One child called Childline and simply said: "I hate my Dad. He made me black."" (9)

Discrimination can also take more subtle forms. Often unrecognised or unintended, they nevertheless damage black and minority ethnic people. In social work they can manifest themselves through:

Policies, procedures and practices which unwittingly discriminate by excluding or reducing access to services. (10)
Avoidance of dealing sufficiently seriously with racism perpetrated by members of staff or service users.
Ignoring or misinterpreting differences between cultures and religions which can lead to inaccurate assessments and inappropriate intervention.

Measuring the extent of racism, or the numbers of black and minority ethnic people who have experienced racism is difficult because racism takes many different forms. (11) Many black and minority ethnic people working in social work experience insensitivity and racism on a regular basis in the workplace. (12)

Racial violence is often not reported to the police either due to fear of reprisals or because people believe that nothing will be done about it. It is estimated that only 25% of such incidents are reported to the police. Nevertheless, between 1990 and 1994, 3,494 racial incidents were reported to the police in Scotland and there was an increase over this period of almost 25% in the number of incidents reported. (13)

Challenging Racism

Local authorities should aim to eliminate unlawful racial discrimination and promote equality of opportunity and good relations between persons of different racial groups. This means challenging racism with and on behalf of service users and colleagues wherever it arises. This may not be easy for white staff. However, black and minority ethnic people do not have a choice, they know that unless racism is challenged by both white and black people, they will continue to experience it.

In order to challenge racism, you need to:

Recognise when it is occurring.
Assess its effects.
Be prepared to take action.

An understanding of the different forms racism can take is important. The following framework is based on Neil Thompson's work (14):-

Personal racism ranges from insults such as name calling, graffiti, bricks thrown through windows, bullying, to physical assaults, arson and murder.

Case Example 1

Jabeen, a single Scottish Muslim mother in her early 20s, and her child Aysha aged 4 were living in a high rise flat. A neighbour had taken to shouting racist remarks, kicking the front door when he was passing and threatening to harm them. Jabeen contacted the social work office saying that she was afraid to go out of her flat. Aysha was having nightmares, wetting the bed and constantly crying. Jabeen had initially moved to escape the violence of her ex partner, and had thought she would be safe. She said she could not go to the police because she was too afraid of reprisals and she did not think they would take her seriously.

Points to consider:-

What impact is this form of racism likely to have on Jabeen and Aysha particularly in view of the past history of domestic violence? Is Aysha a child in need?
Are you familiar with local housing and police policies on racial harassment and their complaints procedures?
Are there organisations you or Jabeen could contact for information and advice? (see Chapter 5)
What services and supports might be made available to the family from the social work department and/or voluntary organisations?
What responses could be made at a neighbourhood level eg through residents groups?

Cultural racism often involves the stereotyping, marginalisation, and devaluing of black and minority ethnic cultures. It is done through the process of socialisation. People develop shared ways of seeing, thinking and doing, and an assumed consensus about what is right and normal is established. Stereotyping of other cultures is often communicated by racist jokes which reinforce and legitimise notions of racial superiority.

Case Example 2

Trishna, a single Scottish Sikh mother with five children, aged between one and 13, suffered from chronic back pain and depression and was unable to cope with the daily demands of looking after five children. The local social work office organised a white home help to visit the family twice a week, and a day care place for the youngest child. The arrangement seemed to be working well until the home help contacted the home care organiser to say that Trishna was "being snobbish with me - she can't take a laugh and a joke. I don't really know why she needs our support anyway. There are always loads of Asian people going into the house. I'm sure some of them are relatives".

Points to consider:-

Is it likely that the cultural stereotype "Asian people look after their own" may be a factor in the response from the home help?
How would you explore the possibility of cross cultural misunderstandings, racism,or a lack of appreciation of the effects of depression in the home help's view of Trishna's "snobbishness"?
Should this particular home help continue to provide a service to Trishna or would a replacement be preferable?
Is training and development needed?
Are there other ways in which Trishna could be supported, for instance through contact with local community groups?

Structural racism is where prejudice and discrimination are institutionalised in services which are based on one culture only. This may make access to services or receiving appropriate services difficult for black and minority ethnic people because of language issues, lack of information or unacceptability of the service provided.

Case Example 3

Yuk-Tong is 15 years old, Scottish Chinese, with a severe learning disability. He lives with his mother who speaks little English in a small Chinese community in the North of Scotland. His father died a number of years ago. His school found that Yuk-Tong was eating less, and that his ability to feed himself was deteriorating. He was described as lazy and often rude. Concerned about Yuk-Tong, the school sent a number of letters home but received no reply. They then made a referral to the local social work centre.

Points to consider:-

Is Yuk-Tong receiving an appropriate service?
How can the school be helped to make better contact with the mother?
What possible issues might there be regarding food? How could dietary needs be addressed with Yuk-Tong and his mother?
What issues might be affecting Yuk-Tong's behaviour and how might these be addressed?
What other supports and services could be made available for the family?
How might you set about involving the local Chinese community?

Sectarianism

"The concept of sectarianism remains under theorised compared to that of racism"(15)

Sectarianism is the determination of actions, attitudes and practices by beliefs about religious difference which often results in conflict. There is little research evidence on the extent of sectarianism in Scotland. The effects of sectarianism may resemble those of racism. They pose both similar and some different challenges for service delivery. For instance:-

Parents may be wary of, or even refuse, much needed services for their children, if they are run by an organisation of a different denomination to their own.
A child may feel isolated and anxious if he or she is in a placement where staff and children are mainly from a different denomination. He or she may be bullied or abused by fellow residents.
Maintaining children's cultural traditions may pose difficult dilemmas if these traditions include activities which other cultures find oppressive.

Whilst sectarianism in Scotland is traditionally associated with divisions between Catholics and Protestants, it is also present in anti-semitism and in divisions between some Muslims, Hindus and Sikhs.

The CCETSW training pack on "Children, Spirituality and Religion" gives a helpful introduction to religious beliefs and observances as well as looking specifically at social work, spirituality and religion. (16)

Children's Racial, Cultural, Religious and Linguistic Identity

The achievement of a positive identity is essential for black and minority ethnic children. Identity can be defined as an individual's beliefs about who or what he or she is - the ability to answer the question "Who am I?" Self esteem depends on the positive or negative regard an individual child has for different aspects of his or her identity, or for his or her identity as a whole.

A very early and important part of a child's identity is his or her name. Where a name is unfamiliar, it is important that social work staff and carers learn to pronounce and spell it properly. Nicknames, particularly anglicised ones, should only be used if agreeable to the child and family. Many names have a meaning and a history which are important to a child's sense of being unique. The child may have been named after a relative, a valued friend or a famous person or the name may have a particular meaning such as "peacemaker".

Article 20 of the UN Convention on the Rights of the Child which concerns children temporarily or permanently deprived of their families, states that "due regard shall be paid to the desirability of continuity in a child's upbringing and to the child's ethnic, religious, cultural and linguistic background" (17). Continuity can be crucial to achieving a sense of identity. "Major changes in the life course disrupt .... and threaten the sense of continuity. For looked after children this is a particular hazard because they often experience multiple disruptions and loss of personal history" (18).

Whilst there is as yet little systematic research into the views and experiences of black and minority ethnic children who are looked after, a large number of individual testimonies indicate that there are two issues of particular importance, "the extent to which the child feels comfortable within the carer's household and community ... (and) the extent to which the placement helps prepare the child for a return home and for living within their own community" (19). There must be a profound sense of discontinuity and trauma for a young child placed in a household where no-one speaks his or her language, where the food is entirely foreign, and where religious and other customs are very different. Such sense of discontinuity may be less in day care but, nevertheless, distress and erosion of positive self esteem may arise.

Fostering a Black Identity

Issues related to identity may arise for any child irrespective of their ethnic background, particularly in adolescence. For black and minority ethnic children, particularly those separated from their own families, there are often additional complications. Children can internalise the racism they face in society or sometimes, where a child is a black child of mixed parentage, in their own family. Such children can come to hate themselves because they are black. They may try to bleach their skin; may pretend, or even believe that they are Spanish or Italian; or they may generalise from negative experiences that they have had in their own family that "all blacks are violent" or that "I hate Pakis".

The theoretical issues concerning black and mixed racial identity are still being explored and passionately debated (20). What is not in doubt is that some black and mixed parentage children have negative perceptions of their ethnicity and that this is likely to contribute to poor self esteem. To help with this, staff will find some of the materials on the development of black identity helpful (21). For instance Cross (22) suggests that the development of a black person's racial identity, where they have previously denied their ethnicity or been demoralised by living in a predominantly white society, is often characterised by their movement through a five stage process:-

1. Pre-encounter. In this stage the person is likely to view the world from a white eurocentric frame of reference.

2. Encounter. In this stage the person becomes aware of black identity and begins to review and explore aspects of it.

3. Immersion-Emersion. In this stage the person struggles to destroy all vestiges of the "old" white perspective and immerse themselves into a new black identity.

4. Internalisation. In this stage the person begins to achieve an inner security and self-confidence with his/her blackness, resulting in a less strong anti white feeling.

5. Internalisation-commitment. This stage is characterised by positive self-esteem, ideological flexibility and openness about one's blackness.

Maximé describes how she uses Cross' framework in her identity work with black children. She suggests some practical strategies for parents and practitioners such as: use of "Black like me" (23) workbooks; positive black images and models in the child's environment; answering children honestly about race - "it is a fallacy to think we can protect them from the harsh realities of life. ... Love nourishes but does not protect a black child from facing the cruel reality of the racism she or he will meet" (24); tackling racist incidents clearly and calmly and using them as experiences for reflection and learning; and recognising that, "verbal commitment is often comforting but financial commitment is vital in order to provide the resources needed to better equip alternative carers of black children and workers." (25)

The following case highlights how a social worker provided a service to a child at the "pre encounter" stage.

Case Example 4

Nasreen is a15 year old Scottish black young person of mixed parentage, her mother is white Scottish and her father is Pakistani Muslim. Nasreen was made the subject of a supervision requirement for school non attendance. Nasreen was shy, withdrawn and visibly self conscious about her acne. She appeared to have no friends and was clearly lacking in self esteem. In working with Nasreen and her family, it transpired that the mother had made an agreement with her husband to bring up the children in her "own Scottish way". The children were denied knowledge of their father's religious and cultural values and the meaning of their names. Nasreen wished to change to her mother's surname. Talking to Nasreen it became clear that she was struggling with her self image and identity.

A working plan was negotiated with the family, including focusing on identity issues with Nasreen. This involved:

exploring issues in relation to her name;
discussing Islam, Pakistani culture, and white Scottish culture;
undertaking life story work;
working with her parents to raise their awareness of Nasreen's needs;
addressing issues of racism with Nasreen and listening to her experiences;
providing a positive minority ethnic role model.