Parental Responsibility and Local Authority Duties in Child Protection

The Children’s Act 1989, 2004 defines parental responsibility as encompassing all rights, duties, power, responsibilities, and authority that parents or children possess concerning the child and their property. It also outlines the obligations of local authorities in terms of care planning, placement, and case review for children under their care. These responsibilities aim to assist the local authority in fulfilling its primary duty stated in section 22(3) of the 1989 Act to protect and promote the well-being of looked after children and act as responsible guardians to ensure each child reaches their full potential in life.

The 1989 Act highlights the significance of children being primarily nurtured within their families, with active parental engagement, unless mandatory intervention in family life is necessary.

Children in Care are placed under the authority of the local council through a care order, regardless of parental opposition. The local council has the option to place the child with relatives, foster carers, or in a residential home until they reach 18 years old or until the court terminates the order.

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The Children Act 1989 grants the council the power to request a care order if there is belief that the child is currently experiencing significant harm or at risk of it. If a child is considered 'looked after' without a care order, their parents still retain parental responsibility. Children enter care when parents fail to fulfill their responsibilities or engage in abusive behavior due to drug/alcohol influence, thereby jeopardizing the safety and well-being of their child. These actions are governed by the Children Act 1989.

The Child Assessment Order (sec 43) is a request made by an applicant who believes that a child is at risk of significant harm and needs to be assessed. The purpose of this order is to determine if the child is in danger or likely to suffer significant harm.

The Emergency Protection Order (sec 44) allows the child to be kept in a specific place, such as a hospital or home, or removed from their current environment. The court will only proceed with this order if there is a belief that the child is in immediate danger or at risk of harm, and if the order is necessary and proportionate to the level of risk faced by the child.

A Care or Supervision Order (sec 31) gives the Local Authority (LA) the power to decide where the child will live until they reach the age of 18. The LA has three responsibilities under this order: advising, befriending, and assisting the child; taking necessary actions to implement the order; and considering whether to modify, add requirements to, or replace the order if it is not followed. In some cases, children may not be taken into care but instead be supervised by Social Services for a period of time to ensure their well-being; this is known as a "Supervision Order." The foster placement regulations from 1991 also play a role in the process.

The foster home officer from the local authority is required to make regular visits to the child. Foster parents are obligated to share information about their health, accommodation, religion, cultural background, and their ability to care for a child of a particular racial/ethnic origin, culture, or linguistic background. It is crucial that children in foster care receive equal love and care as biological children do and have the opportunity to fully experience family life and childhood while minimizing unnecessary restrictions.

Reasons for being a parent

There are various reasons why children are placed in foster care, often due to their family situation. The primary reason is typically the circumstances of the family, such as financial difficulties that hinder their ability to provide necessary support and food for the child. In some cases, a parent may be dealing with a severe illness that prevents them from working or taking care of their child. Furthermore, if one parent dies, it can create challenges for the other parent in meeting the child's needs. Incarcerated parents may also temporarily lose custody of their children until they complete their sentences. Additionally, suspected abuse can result in a child entering foster care.

Suspected abuse, such as physical and sexual abuse, can result in different outcomes. Physical abuse may lead to visible bruises on a child's body, even if attempts to educate the family about different disciplinary methods have been unsuccessful. Sexual abuse involves coercing or pressuring a child into participating in sexual activities or encouraging inappropriate sexual behavior. If any of these types of abuse are identified within a household, social services will step in by removing the child from their home and placing them in protective care.

Bereavement

While it is uncommon, there have been occasions in which children enter foster care following the death of a parent, as typically there are family members who are able to provide care for the child.

Mistreatment

Child maltreatment, also referred to as child abuse and neglect, includes various types of harmful treatment towards children such as physical and emotional ill-treatment, sexual abuse, neglect, and exploitation. These actions can result in harm to the child's health, development, or dignity, ultimately resulting in the child being placed into care.

Loss of a parent

If a parent of a child under 18 years old dies, the child will be relieved of all adult responsibilities and placed in care to ensure they receive appropriate support. Additionally, the child may face various challenges such as health issues, learning difficulties, or engaging in delinquent behavior due to their parent's illness.

When a parent is suffering from physical and mental illness, it affects their ability to care for their child. Their capacity to be responsible and maintain self-control is weakened. If social services becomes aware of this situation, they will opt to relocate the child to a more suitable environment.

Behavioural problems

If the child exhibits behavior problems, such as difficulties in managing anger, that are beyond the parents' capacity to effectively address, they may choose to seek help from external sources or contemplate placing the child in care.

The Jamie Bulger case.

In 1993, Robert Thompson and Jon Venables gained notoriety for their involvement in the murder of two-year-old James Bulger, a case that shocked Britain. The release of photographs showing the two frightened 10-year-olds caused widespread anger. Both Thompson and Venables came from broken families. Thompson grew up in a dysfunctional household with parents who were heavy drinkers, and his six brothers often engaged in fights accompanied by threats of violence. When Thompson was five years old, his father left the family after physically and sexually abusing his wife and children. Pass Two- outline the arrangements for providing quality care for looked after children and young people The convention on the rights of the child 1989

The United Nations office of the high commissioner for human rights (UNCHR) is based in Geneva, Switzerland. As per the convention, a child is defined as someone under 18 years old. The convention's Section 54 articles detail the rights provided to children in countries that have ratified it. Governments hold the duty to guarantee respect, protection, and fulfillment of children's rights by taking all necessary measures.

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Baby Peter

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Peter Connelly, a 17-month-old British boy, tragically passed away in London after suffering over fifty injuries within an eight-month period. Despite being repeatedly seen by Haringey children's services and NHS health professionals, his well-being was not adequately addressed. In November, Connelly's mother welcomed her new boyfriend, Steven Barker, into their home. The following month, a general practitioner noticed bruises on Connelly's face and chest which led to the arrest of his mother and his placement under the care of a family friend. However, he returned to his mother's custody in January 2007. Shockingly, even after deliberately smearing chocolate on Baby Peter to conceal injuries to his face and hands, a social worker failed to recognize the harm inflicted upon him. On August 3rd, 2007, Baby Peter was discovered lifeless in his crib. Dr Jerome Ikwueke had previously seen him fourteen times but faced suspension from the General Medical Council due to this tragic outcome. Gillie Christou and Maria Ward were two social workers involved with Baby Peter who filed an unsuccessful claim for unfair dismissal following his death. A tribunal determined that Haringey Council acted reasonably as they had failed in providing adequate care for Baby Peter. This heartbreaking case reveals gross negligence on behalf of social workers and doctors who disregarded clear evidence indicating that Baby P was in grave danger despite the use of the common assessment framework.

The common assessment framework (CAF) is a standardized approach utilized by practitioners to evaluate the additional needs of children and determine how best to address them. It plays a crucial role in delivering integrated and targeted frontline services for children and young individuals. The CAF is specifically designed for children who require more support than what universal services offer. This four-step process enables practitioners to identify and assess the specific needs of children, coordinate services, and monitor progress. Typically, the CAF is employed when concerns arise regarding a child's health, development, welfare, behavior, learning progress, or overall well-being. It may also be initiated if a child or their parent/carer express concerns or if the practitioner's service cannot adequately meet the broader needs of the child or young person.

Amanda Hutton, a 43-year-old alcoholic mother, tragically starved her 4-year-old child, Hamza Khan, to death over several years. Hamzah missed crucial medical appointments and immunizations throughout his life due to his mother's neglect. Amanda Hutton has been convicted of manslaughter and sentenced to a 15-year prison term. This heartbreaking case highlights the urgent requirement for a comprehensive framework that evaluates and aids vulnerable children.

The assessment framework for children in need and their families provides a systematic method of collecting and analyzing information, which helps professionals make decisions on how to prioritize the child's best interests. It also takes into account the legislation in effect at the time, specifically focusing on the Children Act 1989, which establishes a comprehensive structure for safeguarding and supporting children.The Assessment Framework involves the collection and assessment of information in three aspects: children's developmental needs, parents' or caregivers' capability to respond appropriately, and the influence of wider family and environmental factors on parenting capacity and children.

Child maltreatment, which is also known as child abuse and neglect, includes different types of mistreatment like physical and emotional harm, sexual abuse, neglect, and exploitation. These behaviors can severely affect the well-being of the child. Moreover, maltreated children suffer from rights violations and lack proper care. The risk factors for maltreatment usually arise within the family unit, leading to adverse effects on the child's development.

The case of Hamzah Khan serves as a tragic example of neglect, in which his needs were disregarded and ultimately led to his death due to starvation. Neglect is a type of abuse that entails consistently failing to fulfill a child's vital physical and/or psychological necessities, resulting in significant harm to their overall well-being or development. When a child lacks crucial resources such as security, safety, shelter, warmth, food, or affection necessary for thriving, they undergo deprivation.

Bullying

Bullying, a form of abuse, occurs when someone with power or authority intimidates another person. It can take the form of physical, verbal, or written actions that cause mental health problems and distress. Bullying includes behaviors such as verbal harassment, threats, physical assault or coercion, and these actions may be targeted repeatedly at certain individuals.

Abuse

The term 'abuse' covers a wide range of actions, including criminal offenses such as violence and neglect. There are different types of abuse, such as physical, sexual, emotional, psychological, financial, neglect, and institutional physical abuse.

Physical abuse involves intentional and unwanted contact with one's body or surroundings, including pushing, slapping, exposure to cold temperatures, or being hit with an object. Furthermore, sexual abuse is also a type of abuse.

Sexual abuse, also known as molestation, refers to being compelled into engaging in sexual acts or behavior against one's will. It encompasses unwanted physical contact and witnessing others involved in sexual activities. Additionally, it can lead to psychological consequences.

Psychological abuse, also referred to as emotional abuse or mental abuse, occurs when one individual inflicts harm on another through specific behaviors that can result in psychological trauma. This trauma may manifest as anxiety, persistent depression, or post-traumatic stress disorder (PTSD). It is possible for this form of abuse to take place within an institutional setting.

Institutional abuse, which occurs in systems of authority like care homes or in-patient settings, involves mistreatment of an individual. Conversely, financial abuse entails perpetrators of domestic violence exerting control over partners through money. This creates a distinct connection between domestic violence and monetary issues.

Ensuring proper sanitation and cleanliness

Practicing good hygiene is vital for maintaining overall health. It encompasses a variety of actions that should not be ignored. Failing to prioritize personal hygiene can signal low self-esteem and result in problems such as skin issues, unpleasant odors, and infections caused by bacteria or parasites.

Malnourishment is caused by not consuming enough calories and protein, resulting in under-nutrition. Signs of malnourishment include being thinner than the average for their age and height. Starvation, which indicates severe undernourishment, leads to symptoms and effects known as inanition.

Changes in a child's typical behavior may indicate abuse or previous abuse. Emotional withdrawal, characterized by a lack of emotional connection and communication challenges, can have adverse effects on a child's self-worth and self-esteem. Consequently, they may experience feelings of being devalued and exhibit a tendency to isolate themselves from others. Additionally, bruising

Bruising on infants, unexplained bruises, bruises in unusual places such as upper arms, hands, ears, neck, buttocks, etc., and bruises in specific shapes like a large bite mark, cigarette burn, or belt mark may indicate child abuse. Victoria Climbe and Baby P suffered from bruising caused by abuse, which ultimately resulted in their deaths. In Pass Four, appropriate responses when child maltreatment or abuse is suspected will be explained under the behavior indicator.

Withdrawal is one common response observed in children who are maltreated or abused. They tend to isolate themselves from others, including close friends and family. This withdrawal is a way for them to avoid communication with anyone. Another common response is aggression, where the child becomes frustrated and redirects their anger onto others.

Distress is another consequence of abuse in children. It leads to negative self-identity and a feeling of worthlessness. Some children may resort to rocking or head banging as a coping mechanism to ease the pain caused by the abuse. Hunger can also be a result of maltreatment, either inflicted by a person or self-imposed by the child.

A child's reluctance to go home is often driven by fear of experiencing the same mistreatment, which negatively affects their self-esteem. Low self-esteem is frequently observed in children who have been abused or bullied. They often experience negative self-identity and suffer from depression.

Abuse and maltreatment can also lead to developmental delays in children. They may struggle with communication and have limited activity levels due to the constraints placed on them by the abuse they endure.

The consequences of maltreatment include both emotional and physiological dysfunction. Psychological problems can result in high-risk behaviors, such as smoking, alcohol or drug abuse, and overeating. Additionally, maltreatment can cause physical harm to a child's developing brain, which can then lead to emotional difficulties.

The consequences of maltreatment can result in illness for a child, leading to undernourishment and potentially causing anorexia. Additionally, neglect can lead to social inadequacy and the development of antisocial traits. Mental health is also negatively affected, with immediate effects such as bruises and broken bones, as well as long-term effects such as brain damage and permanent disabilities. Abused children may also experience lowered intellectual and cognitive functioning, making it difficult for them to bond with others. Furthermore, lack of attachment can cause a child to be withdrawn and distrustful of others, resulting in a failure to form social connections. Finally, children who have experienced abuse or neglect are more prone to substance abuse, including smoking cigarettes, abusing alcohol, or using illicit drugs.

The Safeguard initiative is a process that aims to provide protection.

Safeguarding person There must be someone in your organisation who will take action if there is a concern or allegations made regarding a child or young person. Once you have contacted children's social care, your concerns are considered a 'Referral'. Social workers are legally obligated to investigate the situation or circumstances that prompted the referral. They will complete an assessment/child protection investigation in collaboration with the police and speak with the child/family and visit the home. Child protection conferences

The child protection conference may be called if the assessment indicates that the child is at risk of harm. Its main purpose is to gather and analyze the information about the child's developmental needs and the parents' or carers' ability to meet those needs. The conference aims at ensuring the child's safety, promoting their health and development within the broader family and environment, and determining the necessary steps to safeguard and improve the child's welfare, potentially leading to the creation of a Child Protection Plan.

The disclosure and barring service (DBS) is a service that assists employers in making safer recruitment choices and preventing inappropriate individuals from working with vulnerable groups, such as children. It takes over the role of both the criminal records bureau (CRB) and independent safeguarding authority (ISA). Through the checking service, employers can access the criminal record history of individuals who are currently employed or seeking employment in specific positions, particularly those involving work with children or adults in specific contexts. The criminal records bureau is included in this service.

This paragraph discusses different aspects of child protection and the legal framework surrounding it. It mentions that CRB disclosures are made under the police act 1997. It acknowledges that children and young people can be victims of various types of abuse and can be affected by social factors such as domestic violence, substance misuse, bullying, child prostitution, and ritualistic abuse. The paragraph states that there is a recognition of the responsibility to safeguard and promote the welfare of children under 18, as outlined in the children act 1989 and 2004. The overall purpose is to develop a common understanding of child protection issues, establish good practice across different areas, and increase accountability in this important aspect of their work.

Pass five- Strategies and methods for supporting children, young people, and their families in cases of suspected or confirmed abuse:

Strategies with children: A child-centred approach should be implemented, recognizing that the child is the focus and should be empowered and supported to take control of their own life. Respect must also be earned and cannot be demanded, as it can easily be destroyed. Providing active support is essential, ensuring that readily available and practical assistance is provided when needed.

It is crucial for every individual working with children in a care and education setting to be knowledgeable about and have read the policies of the setting. This is necessary to minimize the risk of staff members facing allegations of abuse or negligence. Following proper procedures is essential to implement the best practices and ensure that the setting operates smoothly and consistently.

Empowering children

Children must be taught that they possess their own set of rights. Empowering children involves providing them with reliable information, valuing their opinions, acknowledging that each child is unique, recognizing that they may encounter harmful concepts and unfavorable experiences which can impact their behavior and perspectives. These goals can be accomplished by:

• Assisting children in understanding boundaries and reinforcing positive behaviors. This includes concepts like turn-taking, no pushing, patience, understanding individual differences in completing tasks, and allowing them to resolve conflicts on their own when possible. • Promoting assertiveness, self-confidence, self-esteem, and resilience in children. It is important for children to be able to stand up for themselves and express their thoughts, feelings, and desires. These personal boundaries should be respected. Additionally, building self-confidence is crucial for children to feel good about themselves and avoid undesirable situations. • Encouraging open communication and discouraging the keeping of secrets.

Encouraging children to develop open relationships with others can help them foster trust and recognize that people can be there for them, even when they least expect it. Opening up emotionally is essential for leading a fulfilling life. Development

Children require various elements to achieve their maximum potential, including education, play, and the freedom to think freely and practice their own beliefs. Adequate support for development plays a crucial role in ensuring their future success and guiding them towards the correct course. Enhancing self-esteem is also a key aspect.

Children who have experienced abuse often struggle with their self-image and may require assistance in cultivating a more optimistic perception of themselves. This can be accomplished by addressing their insecurities and offering reassurance that they possess qualities that are entirely opposite to what they perceive. Parenting skills are essential in this process.

Parenting skills may not always be innate, particularly for individuals who grew up in families that lacked those skills. Good parenting skills encompass being a positive role model and avoiding hypocrisy by not asking your child to refrain from certain behaviors that you engage in yourself. Implementing reasonable discipline is sufficient for being an effective parent. Whistle blowing

Many settings now have a whistle blowing policy in place, allowing for the reporting of inappropriate behavior among staff in an appropriate manner. Reporting arrangements are specified by the policy of settings in cases of suspected or confirmed abuse. This can assist young children as reporting will result in the resolution of the situation, eliminating the need for the child to continue experiencing it. Security of records is also important.

All records must be securely stored and accessible only to authorized individuals. Implementing an efficient access and security program will guarantee that records are available for appropriate use, protected from unauthorized access or alteration, and not inappropriately destroyed.