Human Rights and Decision-making in Child Protection through Explicit Argumentation

A recent judgement in February 2005 by the Lord Chief Justice in Northern Ireland that a Health and Social Services Trust had breached a parent's Article 8 Right to Family Life in the process used to take a young child into care has stimulated major debate about the interface between the Human Rights Act (1998) and professional decision-making in child protection work in Northern Ireland and across Europe. This article examines the interface between the Human Rights Act and the paramountcy principle in the Children (NI) Order 1995 in relation to statutory interventions to protect children. It explores the increasing sophistication required of social work recommendations to courts in complex situations involving conflicting rights and considers the impact of adopting a structured model of explicit argumentation.     

Book review

While the 1989 Children Act has been in effect in Great Britain for several years. Social Workers in Northern Ireland could be forgiven for feeling that legislative change is still some considerable time away with one delay compounding another. As we anticipate die Children (N.I.) Order it might be useful to examine aspects of the Great Britain legislation given that our own Order will be largely identical. Additionally the Children Act produced a considerable volume of case law which in turn will be persuasive on our own legal jurisdiction. Surprisingly one of the difficulties in respect of both of the above would be the sheer volume of publication on the 1989 Act. The Childrens Act 1989 “Putting it into Practice” is a book that may appeal to many practitioners in this context. Written by Mary Ryan and published by Arena under the auspices of the Family Rights Group “Putting it into Practice” is designed for those in the frontline of Child Protection work with specific emphasis on the responsibilities of Local Authorities.     

Young People's Views on Communities and Sectarianism in Northern Ireland

Current legislation, such as the United Nations Convention on the Rights of the Child (1989), the Children (NI) Order (1995) and the Northern Ireland Act (1998), places an increasing emphasis on directly consulting children and young people in Northern Ireland. Within this context, there is a growing interest in the authentic views of children and young people on sectarianism. This paper discusses the process and findings from three Young National Children's Bureau talk-shops that provides insight into young people's views on growing up in communities in Northern Ireland and their experiences of sectarianism.     

Rebalanced and Refocused Social Work Practice?

The 1970s heralded the beginnings of a major shift in focus within child care social work in the United Kingdom, and the preventive, family support approach that had characterised practice since the 1940s was gradually, but decisively, replaced by a central concern with child abuse. This paper outlines the rise and dominance of child protection work in the United Kingdom before moving on to consider the legislative attempt, via the Children Act 1989 in England and Wales and the Children (Northern Ireland) Order 1995, to address this situation. The “refocusing debate” of the 1990s is then discussed and consideration given to local research that has called the central premise underpinning this debate into question. The paper concludes by suggesting that social workers in Northern Ireland are still struggling to shift away from a preoccupation with the identification and management of risk and poses some questions regarding the future of social work with children and families.     

Welcome and opening remarks

As Chair of the Northern Ireland Guardian ad Litem Agency I would like to warmly welcome all of the participants in this conference including members of the judiciary, solicitors, barristers and social care representatives. We are delighted that this conference has been co-sponsored by both the Bar Council and Social Service Inspectorate because the Children Order is about inter-disciplinary working. The fact that we and our co-sponsors have managed to organise a conference, bringing together some of the main agencies who will have an effect on the future life of children, to bring forward the issues and difficulties that concern them from their own professional point of view is very important.     

Children's Order 10 Years On

Ten years ago I wrote an article on the Children's Order, which was coming into force in Northern Ireland in October 1996. I examined the principles behind the Children's Order and considered how these principles interacted with the practice of family mediation (at that stage I was Coordinator of the Family Mediation service). Since that date mediation provision has decreased in Northern Ireland and I have moved on to become Director of Legal Services and Complaints at the Northern Ireland Commissioner for Children and Young People. In this article I will consider the principles in the Children's Order and how they translated into practice from the viewpoint of a mediator and as part of the Northern Ireland Commissioner for Children and Young People with a statutory duty to safeguard and protect the rights and best interests of children and young people. I will end with an assessment of how the Children's Order has operated in practice and a consideration of whether it and children's legislation in general needs to be reviewed and new legislation introduced.     

The use of observation in court & assessment work

Over the last decade, across the UK, there has been a change in Legislation in relation to children. The Children Act 1989 came into effect in 1991 in England & Wales. The Children (Scotland) Act followed and the Children Order in Northern Ireland. These are consolidating pieces of legislation bringing together previous Acts in relation to children, but they also introduced a profound shift in society's view of children. The best interests of the child was to be taken as paramount, parents were seen as responsible, rather than having rights, and the whole child was to be considered. Hence, a change in the way children were to be seen and their needs assessed. Children were seen as having physical, emotional and educational needs (Part 1 (1) Children Act 1989) and harm was defined as ill-treatment or impairment of health or development. Development meant physical, intellectual, emotional, social or behavioural development and health meant physical or mental health (Children Act 1989 Part IV(9)). The changes inevitably demanded increased and more sophisticated skills and would be required from those professionals undertaking assessment and giving evidence in Court. In this paper, one method of developing and enhancing die skills of these professionals is considered, its use explored and illustrated and preliminary comments on the outcome of this method presented.     

Courts/Trusts--No Trespassing

This paper was delivered to the 'Children (NI) Order--Fit for Purpose?' conference, November 2002. It explores the relationship between the Health and Social Services Trusts and the Courts in Northern Ireland, when dealing with matters under the Children Order. The characteristics of children who come before the courts are examined, and the rise in the use of Interim Care Orders and the increase in Court disposal time are highlighted. The article cites many of the challenges facing child care professionals today and argues that 'enhanced assessment', particularly at the 'front' of the system, be developed, supported by 'enhanced quality assurance'. Underpinning the paper, the importance of respect for each other's disciplines is stressed in order to work for the best interests of the child.     

Punning for children - the experience in england and northern ireland

I am delighted to speak at today's conference for two reasons. Firstly, I am convinced that effective planning for looked after children is essential if we are to achieve good outcomes for children when they are cared for away from home and secondly because this conference represents a joint approach by social workers and the legal profession to work together for the benefit of children. I have based today's presentation around findings from the recent Social Services Inspectorate (SSI) inspection of fostering services in Northern Ireland. I should, however, refer to the 1995 SSI publication 'Caring for Children', the National Children's Bureau study of 'Planning for Children in Care in Northern Ireland' and the SSI 'Children Matter' report, all of which provide a context for the wider care planning arrangements for looked after children. In many respects the findings from the fostering inspection mirror the findings of these earlier studies and also the outcome of inspections in England -which Fran Gosling-Thomas will be expanding upon later in this presentation.     

The organisational and professional context of the first acpc conference

The theme of today's conference “Partnership in a Changing Environment” is highly significant and could be adopted for almost any major conference in the health and personal social services field. “Partnership” is an “in” word, and like quality and other euphemisms it has become part of our rhetoric. Its definition and translation into practice at different points in our organisations, is however more problematic. For example in the area of child protection there has been a tendency to think of partnership as based around case conferences, but that is too far into the process to be of value to families or professionals. Partnership starts at policy making and today's conference is an attempt at bringing together the principal partners who should influence policy, as well as what happens further into the system when parents and children become engaged. The second part of today's theme “a changing environment” also applies throughout the public service. In recent years we have become accustomed to rolling organisational change. The most recent manifestations of this in Northern Ireland have been the introduction of general management throughout the services, the separation and redefinition of purchaser and provider functions, and more recently, the establishment of HPSS trusts. But change to the environment within which partnership in child protection takes place is influenced by forces other than organisational development. Research in child care over the last 15 years, the introduction of the Children Act 1989 in Great Britain and the prospect of similar legislation here within the next year or two, the impact of major reports, sometimes focusing on tragic events and the publication by the Inspectorate of the investigation into the case of Martin Huston have served to perpetuate change.     

Book review

Making Research: Work Edited by Dorota twaniec and fohn Pinkerton, John Wiley & Sons 1998 Reviewed by Una Lernihan, Social Services Trainer North and West Belfast Health and Social Services Trust (Currently on secondment to the Centre for Child Care Reseach)

Child Care Law: A Comparative Review Of The New Legislation In Northern Ireland and Scotland The Children (N.I.) Order 1995 and The Children (Scotland) Act 1995 Conducted by Kay Tisdall, Ruth Lavery and Patrick McCrystal Published by: The Centre for Child Care Research Queen's University, Belfast Reviewed by Berni Kelly, University of Ulster     

Developing partnerships between the voluntary and statutory sectors for the provision of services for children in need

The Children (N.I.) Order has introduced the concept of children in need to Northern Ireland. Article 17 of the Order defines a child in need and Article 18 requires Health and Social Services Boards and Trusts to assess for family support those referred to them as children in need. Article 18 also specifically states that such support should be facilitated where feasible by voluntary organisations. This study investigates the level of partnership between the voluntary and statutory sectors in the provision of such services. A survey of six voluntary agencies which are representative of this sector in Northern Ireland shows that limited partnerships have developed between the two sectors, but as the legislation is still in the early stages of implementation there are lessons to be learnt on how and in which areas partnerships can be developed and further enhanced.     

The Developing Role of the Guardian Ad Litem under the Children (NI) Order 1995

The Northern Ireland Guardian Ad Litem Agency was established consequent upon the implementation of The Children (NI) Order 1995. The role of the guardian has developed and become embedded in a changing socio-legal context. This paper will review the key influences that have impacted on predominant social work thinking. Anticipated legislative change and the challenges of managing the service in a climate of productivity indices and efficiency savings will be explored.     

Perspectives from practice: Part two of the c.c.c.r. family support research

There is general agreement that a central challenge from Northern Ireland's legislation, the Children (N.I.) Order 1995, is to refocus both assessment of need and provision of services in such a way that family support, incorporating child protection, becomes the defining characteristic of the child care system. This new policy direction is endorsed by the Department for Health and Social Services (D.H.S.S.) Regional Strategy for Health and Social Welfare 1997 - 2002 (D.H.S.S. 1996, 1997). This is also a policy direction for which there is considerable professional support. Alongside recognition of the importance of the policy direction and the considerable commitment to it, goes the question of how long it will take to achieve and indeed whether or not it can be achieved. To make a contribution to answering those questions is the aim of the Northern Ireland Family Support research study being undertaken by the Centre for Child Care Research (a partnership between Queen's University of Belfast, the D.H.S.S. and the four Health and Social Services Boards).     

Care management in mental health services in England and Northern Ireland: do integrated organizations promote integrated practice?

OBJECTIVE: To explore whether integrated structures are associated with more integrated and differentiated forms of care management in mental health services. METHOD: Cross-sectional postal survey of care management arrangements in local authority social services departments in England (n=101) and health and social services Trusts in Northern Ireland (NI) (n=11). RESULTS: Some, but not all, indicators showed more evidence of integrated practice in NI mental health and social services. This included: greater involvement of health care staff in care management; greater multidisciplinary working and a more integrated approach to assessment and care planning processes; a more differentiated approach to care management, including greater targeting of care management resources; a closer link between care management and specialist provision; and overall more integrated practice. CONCLUSIONS: This study concurs with previous research showing that structurally integrated health and social services in NI are more conducive towards, although insufficient to secure, integrated working. As the nature, type of services and ways of working appear to be broadly similar in England and NI, this may imply that greater structural integration per se may not lead to better service outcomes.     

'Maps and charts in planning family support': The development of children's services planning in Northern Ireland

This article has been adapted from a paper that was presented to the Regional Conference 'Think Global — Act Local', held in the Adair Arms Hotel in Ballymena on 29 November 2002, in order to launch the Children's Services Plans for the four Health and Social Services Board areas in Northern Ireland, for the period 2002-2005. The paper considers how 'cross-cutting' Children's Services Planning has developed in Northern Ireland, and explores the emerging shift from historically based planning to planning based on needs assessment, driven by the emphasis on holistic understanding of children in Need. Core elements include the development of inter-agency databases to capture need and supply of services at a very local level (electoral ward); emerging work on outcome measurement; the consolidation of inter-agency and inter-sectoral planning forums; and the emergence of frameworks for involving service users, especially young people. The paper reflects on the application of the Hardiker (1991) Model in Northern Ireland, and goes on to describe how congruence across the Children and Young People's Committees has been achieved through commitment to four common, underpinning themes — Needs Led Planning and Resourcing, Equality and Human Rights, Promoting Social Inclusion, and an Integrated Approach to Family Support. The latter theme is particularly developed in this paper, suggesting that a number of conditions now exist that could drive family support led strategies in the domains of prevention/diversion (Hardiker Levels 1 and 2) and intensive support (Hardiker Levels 3 and 4). In conclusion, the paper argues for the consolidation of Children's Services Planning as a core local framework that can strengthen regional strategy, and identifies some of the key challenges for the future.     

Conference report

On the 1st October 1999 I enrolled at Queen's University as an undifferentiated student undertaking a study that will, hopefully, lead to a Ph.D. My enrolment was made possible by a Research Fellowship from the Research and Development Office, Northern Ireland and by secondment from the Northern Ireland Guardian Ad Litem Agency where I held the post of Deputy Director. The title of my study is “The changing face of care under the Children (Nl) Order 1995, a prospective study of decision-making and outcomes for looking after children”.     

Children's Services Planning in Northern Ireland: Developing a Planning Model to Address Rights and Needs

This article reflects on a number of key concepts and planning tools that have been developed or adapted through the inter-agency planning of services for children and young people in Northern Ireland (Children's Services Planning). These conceptual models have been developed between 1999 and 2005 and illustrate the key contribution of Children's Services Planning to two significant shifts in how the planning task has been understood. These refer to, firstly, the movement from service orientation to needs orientation, and secondly, the progression from needs to rights within service planning.

Children's Services Planning in Northern Ireland is now based on the United Nations Convention on the Rights of the Child and the Whole Child Model, which demonstrates the understanding that there is no such thing as a uni-dimensional child who only requires services from one agency. The Family Support model has been in use for some years within the process, and the joint outcomes framework, to be designed to enable agencies to address rights and needs has also been adopted across all four Children and Young People's Committees. In terms of outcomes, an overarching Strategy for Children and Young People will develop an outcomes framework within Northern Ireland, which is likely to build upon that of Every Child Matters, as well as children's rights. Children's Services Planning has also demonstrated that the approach to planning of universal services must be consistent with the planning of services for children with additional needs. There needs to be a strong linkage between the planning and delivery of universal and targeted services.

It is a contention of the article that concepts such as those described are required for multi-sectoral planning, and that a whole system planning approach is required to address the rights and needs of children and young people.     

Conference report directorate of legal services “into the millennium”

The Family Law Department within the Directorate of Legal Services, Central Services Agency, hosted a Conference entitled “Into the Millennium …” on 9 September 1998. The Directorate of Legal Services (D.L.S.) is the single largest provider of legal services to Northern Ireland Health and Personal Social Services. Staff within the Family Law Department provide a specialist service, inter alia, in all aspects of public sector child care law and practice.