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evidence based and law level 2

the TLA


INSTRUCTIONS


 



  • You have 2 hours to answer the 4 questions. (if you have been given an extra allowance please use your full allowance.)
  • You must not consult with anyone once you have received this e-mail
  • You have a word allowance of 600 words per question
  • Please answer each question in turn
  • Use 3 quotes per question
  • Add your pre-prepared bibliography
  • Add the time you received this e-mail and the time you are sending in your work
  • Send back to me at gtookey@dmu.ac.uk

 


NOTES


 



  • Print out your answer to each question as you go as a back up
  • If your computer fails you will have to continue in hand writing and bring your answer in personally
  • If you need to come in to find some quiet space, P2.37 is booked until 12.00

 


 


QUESTIONS


 


Question 1


 


At one stage Victoria was safe in hospital under Police Power of Protection. If there had not been a misdiagnosis, the social worker could have used the Children Act 1989 to continue this protection.


A) Quote the exact wording from the act that the social worker could have used.


B) Explain what this means as if you are the social worker convincing your manager


C) Explain the Act and relevant sections as if speaking to the whole family


 


Question 2


 


Explain the change in policy, law and guidance since Victoria’s death and how this will improve inter-agency co-operation


 


Question 3


 


Describe what went wrong in this case in relation to anti discriminatory practice


 


Question 4


 


Describe from research and other sources what steps you would take to ensure you used good practice on a case like this one


 


Kind regards


 


Geoff Tookey


 


Geoff Tookey


Senior Lecturer, Social Work Department


DeMontfort University


Polhill Avenue


Bedford MK41 9EA


01234 793206


 

20.3.06 08:56


tla pre-instructions

These are the instructions for the day


 


INSTRUCTIONS


 



  • You have 2 hours to answer the 4 questions. (if you have been given an extra allowance please use your full allowance.)
  • You must not consult with anyone once you have received this e-mail
  • You have a word allowance of 600 words per question (yes i got it wrong on the e-mail)
  • Please answer each question in turn
  • Use 3 quotes per question
  • Add your pre-prepared bibliography
  • Add the time you received this e-mail and the time you are sending in your work
  • Send back to me at gtookey@dmu.ac.uk

 


NOTES


 



  • Print out your answer to each question as you go as a back up
  • If your computer fails you will have to continue in hand writing and bring your answer in personally
  • If you need to come in to find some quiet space, P2.37 is booked until 12.00

 


 


QUESTIONS


 


Sorry to disappoint you- you get these between 9.00 and 10.00 on Monday


 


 


 


Kind regards


 


Geoff Tookey


 


Geoff Tookey


Senior Lecturer, Social Work Department


DeMontfort University


Polhill Avenue


Bedford MK41 9EA


01234 793206

16.3.06 15:33


feedback

welldone to all of you who got something on here. you are now published authors. if you only look at child development think about how this relates to adult development. also see the useful links page on this site. the friday group used blogger.com. site is childdev. password is oswald. you can see what they have put on.


 


see you at 9.30 tommorrow.


 


geoff 

15.2.06 16:44


Lucy Manuel - Group A with Jean Madzogo, Maria ffice:smarttags" />Musamadya, Lydia Duah, Petronella Chib. M,  Anna Mapani, Jenny Reid  and Margaret Mupfunya.


 


Graham H, (1998) defined attachment s a strong, long lasting and close emotional bond between two people, which causes distress on separation from the attached individual, Maccoby (1980) defined attachment as a relatively enduring emotional tie to s specific person.


 


A number of researchers have argued that Piaget under-estimated the ability of young children. Marvin et.al (1976) asked children to choose an object from a table while their mother had her eyes closed, when asked if mum knew what the oblect had been chosen, two year olds said 'yes' but four year olds realized that their mother could not know.


 


J. McGarrigle and M. Donaldson (1974) suggested that the child uses a social logic when he fails to convserve on a Piagetain task. They said that if an adult asks a child about soemthing such as a set of counters, then rearranges the counters and asks the sme question again, it is a safe bet that the child's answer should be different.


 


A study was done on 'B' a 13 year old girl 'B' lived in Los Angeles. She had no human contact, no language and had strange manners. She had a decade of deprivation. 'B' started to show progress when attention was given to her. She started to talk and learn new things. This shows that children can form attachments to other people. Emerson and Schaffer (1967) made some ethological observations on mothers and babies. They observed children in their naturla environment. They found that children are socialble. They respond best to people who interact with them, not those who care for their physical needs like Bowlby had mentioned.


fficeffice" /> 

9.2.06 14:57


Hi everyone, I guess that I must be the last person in yr 2 to add my first comments to this site.

On the 23rd of Jan during Geoff's class we were given some books to find useful info to do with children.  Well, here is my contribution. 


In The Childrens Act of 1989 'Significant Harm' was added to parts IV and V "to mark the threshold at which courts could intervene in the lives of the children.  Before a court order can be considered, a child must be suffering or likely to suffer 'significant harm'".  This research was set up to measure whether children were being protected from maltreatment and neglect under these new provisions, and to address concerns that the emphasis to act on working in partnership with parents might be placing some children at increased risk of harm. 


This was taken from the study summary on page 165 of  "The Children Act Now" DoH - Studies in evaluating the Children Act 1989. Published 2001.


Marvia 

2.2.06 23:37


Victoria climbie Presentation - Hayley Wright, Becky Price & Alicia Cree

 Victoria Climbie PresentationSection 1:             Hayley Wright         fficeffice" />


 


Throughout Victoria Climbie’s life, she was in contact with numerous professionals, responsible for her welfare, but who subsequently let her down.   Lisa Arthurworrey, the social worker allocated to ffice:smarttags" />Victoria, was made publicly accountable for her failings, in a report by Lord Laming, following Victoria’s death in February 2000.


 


As social care professionals, we are governed by legislation.  It is the reasoning behind the decisions we make and provides guidelines in which we must work to.  The Children’s Act 1989 was a key piece of legislation, governing social workers, throughout their contact with Victoria, but yet, was not implemented, sufficiently, on many levels. 


 


Under Section 17 of the act, it is the duty of the local authority to safeguard and promote the welfare of a child ‘in need’, by provision of a range of services in accordance with the child’s needs. The ‘National Assessment Framework for Children In Need and Their Families’ states that the parenting capacity, family, environmental and developmental needs of the child, must be taken into account during an assessment.


 


Arthurworrey was an inexperienced and newly qualified social worker who focused on Victoria’s housing issues only. This prevented her from building up a true picture of the situation and thus failing to identify the abuse Victoria was enduring.  The social worker did not appear concerned that Victoria was not attending school, nor did she make enquiries as to how Victoria spent her time, during school hours. She did not make enquiries as to why Victoria had never been seen by her GP, even after repeated hospital admissions. At no stage were medical opinions challenged either.  Section 47 of the act reinforces the importance of making appropriate enquiries when there is cause to suspect a child is at risk of harm.


 


Laming says that appropriate daytime arrangements must be sought for children not attending school (24).  He proposes that training for social workers must incorporate skills of how to confidently ‘question the opinion of professionals in other agencies’ (37) and that staff need to have appropriate experience in order to manage each case assigned to them (52).


 


There was ample opportunity in which Arthurworrey or, indeed, other professionals could have intervened and saved Victoria. Lisa Arthurworrey had very little contact with Victoria from the onset.  On one hospital visit, it emerged that she only spoke to Victoria, briefly, prior to returning Victoria to her abusers.  Arthurworrey visited Victoria on two occasions at home, both of which were ‘pre-announced’ visits. On her first visit, she did not talk to Victoria, claiming that she appeared ‘happy’ and ‘well cared for’.  On her second visit, it appears Victoria was again disregarded.  She left the house; satisfied that Victoria had adequate sleeping arrangements, and did not consider her to be ‘at risk’.


 


Laming also made reference to the importance of appropriate and regular supervision within social care (45).  According to Arthurworrey, her manager, Carole Baptiste, would often talk about her ‘experiences as a black woman’ and her ‘relationship with god’ as opposed to Victoria, during supervision. Baptiste frequently failed to attend the sessions and did not inform Arthurworrey of her plans. 


 


Multi-agency working is a key factor in investigations.  Information regarding Victoria’s history was not shared between agencies, as she was transferred from one authority to the next. The Green Paper ‘Every Child Matters’, Section 10 of the Children Act 2004, and Section 17 of the Children Act 1989, emphasise the importance of multi-agency working. Laming proposes that multi-agency working should be incorporated into public service training programmes (14) and would like a children’s database to be established (17).  Section 12 of the Children Act 2004 reinforces this. 


 


Whilst I have highlighted the failings of Lisa Arthurworrey, we must acknowledge that she was ‘let down’ by not only her social care colleagues, but also those in other professions.  The legislation and recommendations available to us offer constructive ways in which to move forward. 


 


Words:  650


 


Please note: Numbers in brackets indicate which recommendation I am referring to.


 


1) Victoria Climbie Inquiry:


l('http://www.victoria-climbie-inquiry.org.uk/finreport/summary-report.pdf');">http://www.victoria-climbie-inquiry.org.uk/finreport/summary-report.pdf


 


2) Children Act 2004:


 l('http://www.opsi.gov.uk/acts/acts2004/20040031.htm');">http://www.opsi.gov.uk/acts/acts2004/20040031.htm


 


3) Children Act 1989:


 l('http://www.opsi.gov.uk/acts/acts1989/Ukpga_19890041_en_1.htm');">http://www.opsi.gov.uk/acts/acts1989/Ukpga_19890041_en_1.htm


 


4) Green Paper (2003) 'Every Child Matters' :


l('http://www.everychildmatters.gov.uk');">http://www.everychildmatters.gov.uk


 


 


 


 


Victoria Climbie Presentation: Section 2                          Becky Price


 


Victoria Climbie’s death was tragic and unnecessary. Although it is impossible to change what happened to her future practice of professionals within both the health and social care sectors can be informed by the failings that occurred in the case and help to prevent professionals from making the same mistakes in the situations. Lord Laming’s Inquiry Report published in February 2000, following Victoria’s death outlined the failings of the professionals and put forward 108 recommendations and a time scale by when each one should be put into place.


In 2003, the Government published a green paper called “Every Child Matters”. This was published alongside the formal response to the report and it built on existing plans to strengthening preventative services by focusing on number of themes. Firstly it wanted to “increase the focus on supporting families and carers” (1). The reason for this was the recognition that families and carers are the most critical influence on children’s lives. Secondly it aimed to help “ensure necessary intervention takes place before before children reach crisis point and protecting children from falling through the net” (1). A third key theme to the green paper was in direct response to the report into Victoria’s death. This was to focus on “weak accountability and poor integration” (1). Integration of services and accountability of professionals is one of the major failings identified throughout Lamings Report. The lack of communication between different agencies and the accountability of Lisa Arthurworrey’s manager, in terms of supervision for example, are arguably one of the main contributing factors that resulted in Victoria’s death. The final aim of the green paper and in addition to the previous theme was to ensure that “…the people working with children are valued, rewarded and trained” (1).


The green paper prompted a debate that had never come to light before about services for children, young people and families. There was a wide consultation with people working in children's services, and with parents, children and young people. Following the consultation, the Government published Every Child Matters: the Next Steps, and passed the Children Act 2004, providing the legislative spine for developing more effective and accessible services focused around the needs of children, young people and families.


Every Child Matters: Change for Children was published in November 2004. The Government’s aim when producing this was to provide children from birth to the age of 19 with what they need, despite their circumstances, to “..be healthy, stay safe, enjoy and achieve, make ma positive contribution and achieve economic well-being.”(1)


This meant that the organisations involved with providing services to children - from hospitals and schools, to police and voluntary groups - will be teaming up in new ways, sharing information and working together, to protect children and young people from harm and help them achieve what they want in life. Children and young people will have far more say about issues that affect them as individuals and collectively.


Over the next few years, every local authority will be working with its partners, through children's trusts, to find out what works best for children and young people in its area and act on it. They will need to involve children and young people in this process, and when inspectors assess how local areas are doing, they will listen especially to the views of children and young people themselves.


 


In addition, the Children's Fund was launched in November 2000 to tackle disadvantage among children and young people. The programme aims to identify at an early stage children and young people at risk of social exclusion, and make sure they receive the help and support they need to achieve their potential.


 


As future social workers, we can learn from all the research completed into the death of Victoria to ensure that we do not make the same mistakes. An important way of ensuring that we can do this is to follow guidance from papers such as Every Child Matters that indicate specific changes that could be completed to ensure better practice in the future.


 


(1)   www.everychildmatters.co.uk


 


 


Victoria Climbie Presentation – Section 3                                     Alicia Cree


 


What is anti – discriminatory practice?


It is a term widely used, ‘to describe how workers take account of structural disadvantage and seek to reduce individual and institutional discrimination, particularly on grounds of race, gender, disability, social class and sexual orientation’ ( Thomas & Pierson 1996, p16)


 


As social workers this is the aim of our practice, but did this happen in the case of Victoria Climbie?


 


Victoria Climbie was assigned a black social worker; however no consideration was given to the fact that Victoria was black African and French speaking, which her social worker was not, she was indeed black Caribbean and did not speak French. Cultures vary from one and other and are different in many ways, including there language, so it was not good enough practice to assign a black social worker to Victoria’s case, when they had no information or knowledge about Victoria’s culture, language or background. Good practice would involve investigating and gathering information about Victoria’s culture, in order to understand the cultures ways and beliefs.


 


“There is some evidence to suggest that one of the consequences of an exclusive focus on ’culture’ in work with black children and families, is [that] it leaves black and ethnic minority children in potentially dangerous situations, because the assessment has failed to address a child’s fundamental care and protection needs”.


Ratna Dutt, director, Race Equality Unit.


 


Every child regardless of their race or culture should be treated the same, but some believe that children of ethnic minorities are at a disadvantage. They are disadvantaged due to professionals not wanting to be accused of being racist. Was Victoria’s case treated differently due to her being from a different ethnic background, although her needs were the same as those of any other child in her situation, no matter what cultural background they are from. On many occasions Victoria’s behaviour was assumed to be part of her culture, such as when Lisa Arthuworrey concluded that when Victoria stood to attention, it was part of her culture, as respect and obedience are an important factor in many afro Caribbean families. Lord Laming states that, at some stage, the focus possibly shifted from Victoria’s fundamental needs because of misplaced assumptions about her cultural circumstances. 


 


 


 


 


The children act 1989 states ‘that the child’s welfare shall be the courts paramount consideration’, so why was it that Lisa Athurworrey did not speak to Victoria, or did not arrange for an interpreter so that Victoria could speak in her mother tongue and express her views. Good practice would mean that an interpreter was involved, so that Victoria could have the choice about whether to talk to a professional or not, but this choice was taken from her, as no interpreter was ever arranged. Although culture is a huge factor when considering anti – discriminatory practice, if within their culture they are doing something that is breaking the law, then it can not be accepted and must not be tolerated, as the law is what social workers and what civilians should be following.


 


The social worker only visited Somerset Gardens twice, on the first visit Lisa did not even talk to Victoria, and formed the impression that she was happy. Instead of investigating the situation of Victoria, Lisa’s priority shifted to finding alternative accommodation. On the second visit again Lisa did not investigate Victoria’s situation any further and did not enquire into how she was spending her days, when she was not attending school. Victoria was again ignored and even when she made a comment about not respecting the social worker or her mother, Lisa still did nothing to talk to Victoria.


 


 


There are many lessons to be learnt from Victoria’s case, the most important being that a child’s welfare is paramount, and in order to protect the child good anti – discriminatory practice must be undertaken and professionals must communicate with one and other, in order to get all the information about a case, so that they can protect the child in the best possible way.


 


Victoria Climbie Presentation – Section 4


 


 


 


1) 'Every Child Matters: Change for Children' is a new approach to the well-being of children and young people from birth to age 19.


 


The Government's aim is for every child, whatever their background or their circumstances, to have the support they need to:


 


Be healthy
Stay safe
Enjoy and achieve
Make a positive contribution
Achieve economic well-being


Source:  l('http://www.everychildmatters.gov.uk/');">http://www.everychildmatters.gov.uk/


 


 


2) Recommendation 18 (Lord Laming's public inquiry) page 374 :


   


‘When communication with a child is necessary for the purposes of safeguarding and promoting that child's welfare, and the first language of that child is not English, an interpreter must be used.  In cases where the use of an interpreter is dispensed with, the reasons for so doing must be recorded in the child's notes/case file' (paragraph 6.251 of report)


 


 


Source: l('http://www.victoria-climbie-inquiry.org.uk/finreport/report.pdf');">http://www.victoria-climbie-inquiry.org.uk/finreport/report.pdf


 


 


3) Recommendation 57 ( "        "   ") page 378:


 


'Directors of social services must ensure that social work staff are made aware of how to access effectively information concerning vulnerable children which may be held in other countries'. (para 6.619)  


 


Source: l('http://www.victoria-climbie-inquiry.org.uk/finreport/report.pdf');">http://www.victoria-climbie-inquiry.org.uk/finreport/report.pdf


 


If social services had looked into Victoria's case history in France (where she had a French social worker and where she attended school for a while), British authorities would have discovered that Victoria was in danger from her aunt and Manning, and they could have taken action to help her.  This was discrimination against Victoria.  (See pages 25 & 26 in 'Victoria's Story' section of the Laming inquiry)

27.1.06 15:38


Presentation Question 1 By Helen Ziraba,Farhana Akhtar,Teresa Manu,Zoe Bartlett and Fatima

Since 1948, there have been several public inquiries into child abuse; however the number of children who die as a result of injury still remains high and remains static at around 80 every year.  (The Victoria Climbie Inquiry Report, July 2003.)  Many of these cases are similar and this can be blamed on a number of factors, these include poor communication between individuals, professionals and agencies, inexperience or lack of skill from social workers, failure to follow procedure and inadequate resources to meet the high demand. 


fficeffice" /> 


The case of Victoria Climbie was no different, she died on ffice:smarttags" />the 25th of February 2000 as a result of several injuries and child abuse inflicted on her by her great aunt Kouao and her boyfriend Manning.  She was eight years and three months old. The pathologist who performed the post mortem said that it was the worst case of deliberate harm to a child that he had ever seen.  Lord Laming in his report commented that there were at least twelve instances  during the period that Victoria stayed in England when services could have intervened to protect Victoria and ‘’It would not have required much.’’


 


 The main legislation at the time that was used to handle Victoria’s case was the Children’ Act of 1989.  In his report Lord Laming staid that he felt that the Children’s Act of 1989 was basically sound legislation, but the inquiry found that it was not being implemented and delivered at a local level.  Lord Laming said that the evidence showed that the different sections of the Children’s Act were not being used to assign children to the most appropriate services under the Act, but instead they were used to ration services.  (Sixth Report of the House of Commons Health Committee Session 2002-3.)


 


The social worker that was assigned to deal with issues that concerned Victoria and her aunt was Lisa Arthurworrey by Haringey Social Services after a strategy meeting was held about the case on 28 July 1999.  This was as a result of a referral by an Enfield social worker based at north Middlesex Hospital.  In dealing with this case Ms Arthurworrey should have been operating under statutory law as required by each social worker, this would mainly the Children’s Act of 1989. 


 


This Act sets out a number of main principles that should be used in cases of Child Protection for children in need in Part 111.   This is the essence of protecting children according to the Act.  There are two general duties with respect to children in need that are imposed on local authorities under Section 17 of the Children’s Act of 1989.  These are


*to safeguard and promote their welfare


 


*to promote wherever possible their upbringing by their families.


 


The Act describes a child in need as follows


 


‘’he is unlikely to achieve or maintain, or have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for him of services by the local authority………’’


 


 In this context, Victoria had been identified as a child in need by the social worker in North Middlesex Hospital and therefore should have met the criteria for services to be provided to her by Haringey local authority where she lived.  Among the main principles of the Act includes those that state that


*the welfare of the child is the paramount importance


And


*children should be safe and protected by effective intervention if they are in danger. 


In this context Victoria had been identified as a child who was in danger when a paediatrician who saw her on her first visit to hospital made a diagnosis of deliberate harm and recommended that Victoria should be put on the Child Protection register and she was temporarily put under police protection.  A social worker dealing with the case Ms Arthurworrey should have investigated this further and assessed Victoria as under S37 and S 47 of the Children’s Act of 1989 by receiving a court order. On the issue of leaving Victoria under the care of her aunt, Ms Arthurworrey must have been following another main principle of the Act which is


*parents with children in need should be helped to bring up the children themselves; this help should be provided as a service to the child and family and should


-provided in partnership with the parent………’’


Ms Arthurworrey did fulfil only a part of this principle but failed to provide any services that would have helped Kouao in parenting Victoria and therefore safeguarding her wellbeing.  In the event that this partnership did not work then Ms Arthurworrey could have applied for Care Order under S 31(1) (a) of the Children’s Act of 1989 placing Victoria in the care of Haringey local authority, with parental responsibility being shared between the aunt and the local authority if the court had been satisfied that


*the child concerned is suffering, or is likely to suffer significant harm


And


*the harm or; likelihood of harm is attributable to either:


-the care being given to the child , or likely to be given to the child if the order is not made, not being what it would be reasonable to expect a parent to give him…….


.


In this context as regards the case of Victoria, the 1989 Children’s; Act had clearly set out what should have been done by the social worker and other professionals involved in the case but it is apparent that they failed to follow its guidance.


 


 


 


 

27.1.06 12:06


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