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Presentation Question One

• Between ffice:smarttags" />26/4/99 and early July Kouao attended Ealing Social Services no less than 18 times regarding housing for her and Victoria and on at least 10 occasions Victoria accompanied her.  At no time was Victoria assessed or taken into consideration.  Ealing offered accommodation in a homeless hostel in Brent and Kouao and Victoria moved in around the 1 May 1999.  Staff recorded how scruffy Victoria looked and concerns for Victoria began to emerge.  The Children Act 1989 S. 17 (1) a) and b) and (10) a) should have been considered at this point.  As should have parental responsibility: Kouao had no parental responsibility for Victoria.-  S 8 (1) of Children Act 1989 covers residence orders which may have been useful to consider also S 12 (2) parental responsibility only valid until order ends – may have been useful with careful monitoring of case until other arrangements made with parents.   At this point also if parental responsibility had been confirmed then a S. 20 from the CA 1989 could have been agreed. 

• At the point of referral to Brent Social Services on the 18/6/99 inquiries under S. 47 of the Childrens Act 1989 should have begun.  The referral had included details that Victoria’s life may be in danger.

•  The Children Act 1989 gives a clear lead of working in partnership (S 7 Local Authority Act 1970 gives guidance); however this was not adhered to at any time during this case.  If each agency had communicated accurately then maybe at the time of Victoria’s first admission to the Central Middlesex Hospital on 14/7/89 this could have been cross referenced with her subsequent admission on the 24/7/99 to the North Middlesex Hospital and could also refer to case notes held by Ealing and Brent Social Services and been passed on to Haringey Social Services when a referral was made to them via the hospital social worker on 24/7/99.

• S7 of the Local Authority Social Services Act 1970 gives guidance on the importance of inter agency co-operation and information sharing.  Although not law this is guidance that should have been adhered to.

• Victoria was put under police protection Section 46 of the Children Act 1989 during her stay at the Central Middlesex on the 14/7/99 due to her injuries being regarded as non accidental.  However this was withdrawn within 24 hours.  This action was questioned in the Laming Report due to the fact that there was no known threat from Kouao to remove her from the hospital.  S 46 also requires that both the child and parent are informed of the reasons for this course of action and it requires a ‘designated officer’ (Home Office circular 54/91 suggests this role be carried out by an Inspector) to investigate the circumstances to determine whether police protection is appropriate.  Although this action was questioned, if an Inspector had been overseeing this, deficiencies may have been brought to light about the case and a proper investigation started before the police protection was lifted.

• At the time Haringey received the case they should have implemented a S 47 however had they accepted Victoria as a child in need should have accommodated her or made attempts to house her and her aunt.  The bed sit they were living in with Manning was unsuitable.

• S17 Victoria was a child in need she had not been attending school or socialising this should have been picked up by social worker.

• At the time of the referral on 24/7/99 this case should have been allocated as a S 47 a full assessment should have been carried out by allocated sw – investigation and confirmation of parental responsibility gained – immigration status checked – GP contacted – schooling investigated.  A check on history in France obtained from French SS.   Also the allegation of sexual abuse needed exploration by the local authority under S47.

• S20 had parental responsibility been confirmed then Victoria could have been accommodated 20 (1) (a)

• Other legislation that could have been used in this case includes:  The United Nations Convention of the Rights of the Child 1989, The Human Rights Act 1998 and the Crime and Disorder Act 1998 which should have underpinned practice.

Claire Lopez & Tracie Collins

Sites and literature used for research

• Brammer A, 2003 Social Work Law, Pearson Education Ltd, Essex


• Johns R, 2005 Using the Law in Social Work, 2^nd edition, Learning Matters Ltd, Exeter


• The Children Act 1989 In the Context of The Human Rights Act 1998


• Working Together to Safeguard Children-a guide to Inter-Agency working to Safeguard and Promote the Welfare of Children 1991


• Working Together Under The Children Act 1989- a guide to arrangements for inter-agency co-operation for the protection of children from abuse. DOH 1991

• www.victoria-climbie-inquiry.org.uk  25.01.06


• www.guardian.co.uk  25.01.06


• www.communitycare.co.uk 25.01.06


• www.childrennow.co.uk 25.01.06


• www.dfes.gov.uk  25.01.06

QUESTION TWO

The government proposed The Green Paper, the children’s bill which sets out that every child has an opportunity to fulfil their potential and that no child would slip through the net, (www.cwdc.gov.uk). This has been supported by Newham Council in London (www.newham.gov.uk).

Section 11 of The Children’s Act states that agencies have got work together in practices and ensure that the child’s welfare is highlighted in order to promote and safeguard the welfare of children. Section 12 of The Children’s Act 2004 includes arrangements from management, technical specifications, security and cross matching data and advice on data protection. The bill sets that Health and Care Audit Inspection will work closely with Ofstead in developing the framework for integrated inspection and carry out joint reviews. This will help in sharing information, there was concern of confidentiality and the impact of data protection was raised.

However the regulations and guidance include geographic levels at which database are to be set up. They will draw up identification, referral and tracking TRAILBLAZER. Identification Referral and Tracking ensuring that a child deemed to be vulnerable does “not fall through the net” this can be achieved through working in partnership.

• Sharing information through other agencies will help to identify children who are at risk and, this bill enables local authorities, schools and colleges through The Education Act 2002.

• The bill will provide a framework for establishment of insuring practitioners are able to provide children and their families with help and support they need at earliest opportunities. This will lead to the safeguarding of the children and promoting their welfare.

• Early and effective intervention protects and enables children to receive help at first on set of problems rather than the child suffering because of delay.

• In Newham Council London preventative services are delivered in partnership. The Child Development Centre based in West Ham Lane assesses children where there are concerns about their development and referrals to Social Services for family support may be made from the centre. Social Workers are working with families in family centres and parents may speak to social workers at the centres.       

• On private fostering the bill makes provision for new measures to strengthen the existing children’s Act 1989, Private Notification. The new measures will underpin regulations and guidance. Local Safeguarding of Children Boards, a function to ensure that interagents cooperate in safeguarding children who are privately fostered.

Taking into consideration all the guidance within Every Child Matters, as well If had been in the same situation as Victoria Climbie’s Social Worker I would ensure that I had  -

• Sufficient hand over from my manager regarding assigning me the case file, as it clearly states in the National Service Framework for Children, from commissioned by the Department of Health 2004 that:

“Effective supervision is provided to staff who work with children to ensure high quality services, and clear, accurate, comprehensive and contemporaneous records are kept”

• I would have voiced my concerns over the fact that I already had 18 cases on the go, 10 of which were child protection related

• One of the first things I would have done as part of my assessment process of Victoria would have been to interview and assess Victoria away from her family, along with a suitable interpreter, as it is clearly written in the Children Act 1989, Part 1 – Welfare of the child:

“In the circumstances mentioned in subsection (4), a court shall have regard in particular to— the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);”

• I would have checked the basic information regarding evidence to prove who the Aunt and her boyfriend were, the nature of their stay in England, as well as doing my utmost to get in contact with Victoria’s mother.

Eileen Gregory and Tanya Halligan

SOURCES OF INFORMATION FOR QUESTION TWO:

The Association Of Directors of Social Services - www.adss.org.uk

Child Protection and the law - www.wakefield.gov.uk

The Department of Education and Skills the Children’s Acts Explained - www.dfes.gov.uk/publications

Every Child Matters, safeguarding children - www.everychildmatters.gov.uk/socialcare/safeguarding

Press Release for BBC News 23/1/2006 “Board will safeguard children” –http://news.bbc.co.uk/1/hi/england/derbyshire/4639392.stm

Every Child Matters: Change for Children – An Overview of Cross Government Guidance

http://www.everychildmatters.gov.uk/_files/B434EAE08179B3F6C1ABC1CB0BB6B1D2.pdf

NSF FOR Children – Executive Summary

The Children Act 1989 PDF

QUESTION THREE

• My first point of reference for the consideration of anti – discriminatory practice within social work was the Social Work Values, specifically Social Work Value F, which clearly outlines the importance of anti – discriminatory practice for all Social Workers, Understand, and make use of, strategies to challenge discrimination, disadvantage and other forms of inequality and injustice

• In regards to anti – discriminatory practice I found information on the Community Care website: “The NSPCC's national project manager for services to ethnic minority children, Norbert Marjolin, says practitioners should be confident enough to work with people from a variety of cultural backgrounds without having to fear being described as racist”.

• Another reference to anti – discriminatory practice form the Community Care website refers to Norbert Marjolin who states that: "It is not an issue of race, religion or culture, but it is about behaviour. The safety of a child is paramount and a professional has to be willing to say 'I am challenging your behaviour, not your religion or cultural difference'." (community care – Beyond Belief)

• The joint policy statement form ADSS and CAFCASS February 2005 refers to anti – discriminatory practice within their second objective entitled – To establish common principles for joint working they propose that: “Diversity and equality of opportunity will be valued and promoted through anti-discriminatory practice.”

• The challenge of partnership working in child protection, Practice guide HMSO SSI Inspection 1994

2.58 "It is important that whilst striving to be ethically sensitive, professionals must always maintain their focus on the needs of the child".

• All children belong to a race and have culture.  For many ethnic minority children, issues of race and racism are further compounded by language differences (Alridge and Wood, 1998).

Recommendation 65 of Victoria Climbie’s inquiry (Laming report 2003) suggests that threshold for consent from parents should be lowered for professionals, the concern for confidentiality should override the parental consent in order for professionals to have greater discretion, (David P. H. Jones, 2003).

• With regard to the case of Victoria Climbie, although she was assigned a social worker who was black no consideration was given to the fact that Victoria was black African and French speaking.  Lisa Athurworrey was black afro Caribbean and did not speak French.  The African culture and language differs vastly from country to country and it was not enough to just consider that by allocating a black worker who had no information or knowledge of Victoria’s particular culture or language would be good anti discriminatory practice.  Good practice would require investigation and understanding of a particular culture.  It was in this case of extreme importance that Victoria should have been able to communicate in her mother tongue or at least given the choice to do so.  If this was not possible then an interpreter should have been used at all times.

• Although culture must be taken into account and valued, if something within that culture is breaking the law or causing suffering in any way then it can never be accepted. 

Claire Lopez, Eileen Gregory, Marvia Cunningham, Nike Akadonye, Tracie Collins and Tanya Halligan.

SOURCES OF INFORMATION FOR QUESTION THREE:

Articles from www.communitycare.co.uk :

 - The Bigger Picture on the Children Act 2004, posted 17 Jan 2005

- The Bigger Picture on Child Protection, posted 15 March 2005

- News – Information sharing details released, posted 09 Dec 2005

 - News – Officers introduced across London to work in faith groups, posted 16 Jan 2006

Social Work Values - http://www.topssengland.net/files/cd/England/Units/Unit1.htm)

Book – Communicating With Vulnerable Children:  A Guide for Practitioners, David. P, H, Jones, Geskel, London, 2003

Question Four

• As a social worker working with a child like Victoria, I would have familiarised myself with some of the materials I would be discussing below.

 The Children Act 1989 and The Children’s Act 2004: By being curious and assertive I would have observed the fact that Victoria presented some criteria which placed her as a child in need. She must have looked malnourished because one of the social workers commented that she looked like a child on an Aids poster. She also suffered from Incontinence and was placed with her great aunt who had no parental responsibility over her. I would have applied Section 17, which is for children in need. Section 47, which refers to Children in need of protection, Section 8, which would have applied to the fact that Victoria’s great aunt had no parental responsibility for her, and section 20 by assisting in providing accommodation in terms of housing and care.

• I would have followed the ‘National service framework for Children and Families 1999 and the green paper ‘Modernising Social Work 1989; which is aimed towards providing children with protection, quality of care, improved life chances, introduction of eight commissions for care standards, improving standards in the workplace, improving partnership, improving delivery and efficiency and increased funding.


• I would also have revisited the professional ethics and the General social Care Code of practice which can be found in a number of books such as Effective Practice Learning in Social Work by Jonathan Parker 2005. This reminds me of being careful and diligent, effective and helpful and ensuring that my work would be legitimate, authorised, showing accountability and credibility.


• The Lord Laming inquiry and report into the death of Victoria Climbie was very lengthy and covered the police force, Social Services and NHS. He made 108 recommendations which were incorporated into the ‘Checklist for practise recommendations from the Victoria Climbie inquiry’ and which are being used to measure good practise when working with children. E.g. Recommendation 18 states that when communication with a child is necessary for the purposes of safeguarding and promoting the child’s welfare, and the first language of the child is not English, an interpreter must be used.


• The government responded to the Lord Laming’s report with the document ‘Keeping Children Safe 2003, which emphasized the importance of safeguarding children and on the 19^th of May 2003 the booklet ‘What to do if you ‘re worried a child is being abused. The booklet explained clearly the role and steps to be taken by people working towards safeguarding children.  This role is set out in the Government guidance ‘Working Together to Safeguard Children and the Framework for the Assessment of Children in Need and their families.


• These documents make it clear that children’s needs should be assessed, and services provided to meet those needs, including the need for protection, regardless of whether or not they are reported at the point of referral, to be children in need or ‘Child protection’ referrals.


• The green paper ‘Every Child matters’ focussed its action plan on four major areas

§         Supporting parents and carers

§         Early intervention and effective protection

§         Accountability and integration locally, regionally and nationally

§         Work reform.

• This document also brought about the creation of ‘Children’s funds’ which enables the co-ordinating and monitoring of all departments, local authority, social services, education, health etc which provide services for children.

      The NSPCC website in promoting ‘Safe guarding children and the concerns are mainly highlighting areas of improvement for doctors and paediatricians and enabling them to take a more active and responsive role especially in cases of child abuse such as Victoria Climbie.

Marvia Cunningham and Nike Akadonye

Sources of Information

Effective Practice Learning in Social Work by Jonathan parker, Published by Learning Matters (2004)

http://www.everychildmatters.gov.uk/-files/.pdf

http://dh.gov.uk/assetRoot/pdf

http://news.bbc.co.uk/1/hi/uk/2122256.stm

http://www.opsi.gov.uk/legislation/index.htm