An example of a parent or child committing a minor crime/crimes resulting in imprisonment could be, for the parent or child to shoplift continuously. If they were to get caught stealing from a shop they could be held for questioning by the shop management and the police. The manager and police can refer them to a prosecutor who then decides whether or not to file the charges. For first time shoplifters they will usually be let off with a warning and put on to a diversion program that includes seeing a counsellor, doing community service and restitution. If caught a second time, probation may be considered with specific conditions set by a court which could include time in detention. After that if they continue to steal the parent can be sent to prison or the child can be sent to a Juvenile Detention Centre.
An example of a serious crime could be that the parent could of used self defence with a violent partner and commits manslaughter resulting in the parent being sentenced to a maximum of life imprisonment meaning that the child will no longer have anyone to care for them. They could be placed with extended family or into the care system.
An example of a child committing a serious crime resulting to imprisonment could be assaulting someone on the street by deliberately and seriously harming them. This could be anything from: punching, hitting, beating, biting, burning or any other action that harms someone. If the child threatens to be violent with a person, but does not physically hurt them this can still be assault. If the actions of the child manages to put a person in a critical condition, meaning they will need medical attention in a hospital, this can be seen as attempted murder and the child can end up in in a Juvenile Detention Centre.
When a police officer catches a child committing a crime they will either release the child with a warning “at the police station or Juvenile Centre Intake Unit” or take the child “to a community program or to the children’s Shelter for abused and neglected children”. They can also write a caution and involve the parents by them signing “a promise to see a probation officer at the Juvenile Centre”. If the child is taken to a Juvenile Centre a probation officer will have to investigate and find out the facts of the crime. If it is a serious crime the probation officer will then need to make sure that the charges are filled. If the crime is minor the probation officer can either release with a warning or an informal supervision will go forward and the probation officer will make the parents agree to conditions for the child such as taking part in a community service program. The probation officer can also suggest to the District Attorney “DA's office to file charges. This is called filling a “petition” with the court”. When the probation officer is deciding on what action to take they will decide on whether to let the minor go or stay at the Juvenile Centre but can let them go under home supervision with their parents but can not be released if: the minor has no parent/carer, nowhere to live, the child cant support themselves, the child house is not fit to live in, if they are abused or neglected, when they have to be in custody to be protected, to protect another person or property form the child, the child will run away or the child is a danger to society. If the probation worker keeps the child in the Juvenile Centre they can not be locked up for longer than 48 hours The probation worker may need to take visits to their home after the incident and the child’s home may need to searched for items of evidence involving the crime.
If the probation worker decides to file a petition there will be a detention hearing the following day after the District Attorney (DA) files the petition and the child will go to court where the court will go through all the information provided and tell the child “what can happen in a Juvenile Justice Court”. The court will eventually decide whether the charges are to be dropped or if the child is to be on home supervision or in a Juvenile Centre”.
When a child has finished their sentence in a Juvenile Detention Centre they will either return home and may have to continue serving their sentence with home supervision, community service or another form of punishment or self help program to guide the child back into society.
When a parent is released form prison they may be reunited with their children if they are not seen as a threat to their child/children. If they are seen as a threat their child/children will stay in the care that was provided for them when their parent went to prison.
Truanting- truancy is when a child misses school on a regular basis with no authorisation. Children may truant because of many reasons including: bullying, exam stress, peer pressure, lack of motivation, seeking attention, health and learning difficulties. Firstly if a child is to truant from school their parents/carers will be informed by a phone call and a letter to let them know that their child has not been to school and the child may be punished by the school with a detention or another form of discipline and this will occur each time the child truants form school. If the child continuously does not turn up to school for lessons or the agreed punishment the parents/carers will be asked to come in for a meeting with the child to discuss the reasons why the child has not been attending school and what further action will be put in place. Further action may suggest that the parents/carers work together on a plan to track the child’s attendance, which could mean that they will need to stay in close contact with the school regarding the child’s attendance or non-attendance of school. The school may next ask you to sign up to a parenting contract which is a “voluntary agreement between the parents/carers and the local education authority or the schools governing body”. The parenting contract sets out what the parents/carers will do to address the anti-social behaviour of the child or other issues. The contract will propose that the parents/carers are presented with help and support to ensure the child attends school and may also contain an agreement to attend a parenting programme. If truanting continues to progresses the parents/carers may be presented with a parenting order which is a court order that insists the parents/carers to attend a parenting programme and abide by the orders about the child’s attendance. The courts may enforce conditions on the parents/carers, which could involve participation for guidance or counselling appointments. A breach of these conditions set by the courts could result in a fine of up to £1,000 that the parents/carers will have to pay. The courts may also enforce an Education Supervision Order which means Local Education Agency (LEA) can tell you what to do to make sure your child is properly educated. In extreme cases prison sentences for the biological parents will be sentenced but for carers it will most likely not get to this stage as social services will be involved before hand and the child may be taken away as the carers are unable to handle the child's behaviour. This will happen if the child persists in not going to school and it is believed that the parents/carers have not done enough to get the child back to school or that they are not cooperating with the courts orders. If the parent/s ends up in prison the child will be put into care with: close relatives or friends or a temporary foster family until the parent comes out of prison.
Permanent care is a continuous period of time that a person will be cared for. It means that the person is in a stable situation and there will be no change unless necessary.
Temporary care is a short period of time that a person will be cared for. For example, a person may be ill but will recover within a few months but is in need of constant care during this time space. This may last any time from a week to a year or more depending on the situation and circumstances.
Foster care is a type of care provided by fostering agencies. It is when child/children are cared for by a person or people who are not their birth parents. Usually the person or persons fostered will live with their foster carer/carers full time until they are up to 18 years of age or the length of the stay may depend on the individuals’ circumstances and needs. The foster carer/carers are not legally responsible for the child/children as they may request for the child/children to be removed from the home at any point.
Adoption is similar to fostering apart form the fact that it is a permanent arrangement and legal process through which the fostered person or people are brought up with a new family. With this type of care the foster carer is paid a salary to take care of the child. The person or people who adopt the foster person or persons have to take on the full responsibility and legal rights of each individual. From time to time children are settled for adoption because of an agreement with the birth parents such as when the parents feel they are too young to raise a child. In other circumstances children can be placed for adoption; due to a court process which removes responsibility and parental rights of the birth parents.
Respite care is a temporary form of care for those who are care dependant such as: the elderly, ill, handicapped, disabled, children at risk of abuse and neglect and for those who are chronically or terminally ill. This type of care provides relief for those or would normally care for them and allows them to have a break from caring for them every day as it can be a stressful situation. Respite care can be provided within the home and out of the home at a respite care setting for the length of time needed. There are respite care families that can take children in for up to a couple of days at one time, this allows stressed families to have time to have a break and relief care families work in a similar way except they take in foster children for a short space of time to allow the foster families to take a break from stressful situations.
Residential care provides a safe and stable home for children or adults that are care dependant. Residential care has 24 hour support from highly trained staffs that help with services for issues such as: behavioural, emotional, psychological and mental problems, which have a detrimental impact on their family and other relationships. Additionally this can also impact: educational achievements, group interaction and becoming part of society massively.
The Children and Young Peoples Partnership (CYPP) is made up of organisations that are: “voluntary, community and statutory public service sectors” that come together and work with children and young people “0-25 years”. The CYPP addresses the shared priorities of the Children and Young People's Trust partners to enable better lives of children, young people and their families. The plan looks at the views of children, young people and parents and carers and practitioners who work with children and young people. It then takes statistics into account that show where help and support is needed for each county. “The plan is overseen by the Children and Young Peoples Trust Executive Group”. The plan helps to improve outcomes for children and young people and sets out plans and suggestions for all children and young people to ensure they are given every opportunity including:
1. To know their rights and have access to them.
2. To live a healthy and safe life.
3. To have a stable and supportive family/home.
4. To be confident and caring individuals.
5. To advance and make the best of their skills and abilities.
6. To have access to education.
7. To be listened to and treated with respect.
Paramountcy Priciple
This principle comes from the Family Law Act 1975 and was declared that best interests of the child are to be looked at as the paramount consideration creating particular decisions for the child's welfare and health are at stake. The rule has continued in significant legislation and the paramountcy principle is referred to in courts.
1. Paramountcy
2. Determining any question with respect to a child, the welfare of the child should be the paramount concern.
3. The court should be aware that any delay is probably going to be damaging for the child.
4. No order should be made in court in the child's presence unless doing so would benefit the child.
5. Every child should be treated as an individual in court by being listened to and respected by the court.
6. The upbringing of a child is generally accountable to the parents.
7. The local authority should aim to work closely with the child, parents, carers and other relevant parties involved.
8. Opportunity to participate in the decision process should be allowed to the child, parents, carers and other relevant parties involved,
9. Before all decisions are made the child, parents, carers and other relevant parties involved should all be agreed with.
10. If the parents and children are aware of powers, duties and any actions that local authorities will make successful partnership with be achieved.
Consultation, cooperation and co-ordination are all central to the Children’s Act and crucial to the success of child protection work is the principle that all departments of the Local Authority and the other relevant agencies including: police, health and voluntary organisations, should consult, co-operate and coordinate their activities to achieve the best result for the child and/or their family.
The organisations that support carers and who regulates them include: The General Social Care Council (GSCC) is responsible for the registration of all people who work in social services in England and for regulating their education and training. This includes those working with adults and with children.
Local Authority Children’s Services: Ofsted are responsible for the inspection of local authority arrangements, for the protection of the children within them. These unannounced inspections look at how well the local authority and its partners identifies, helps and protects children in the local authority area, and safeguards the organisations that are responsible for children in vulnerable positions or may need extra looking after, for example children in foster care. The Care quality commission (CQC) deals with the essential standards to make sure quality and safety is taken into account. This includes places that care is provided such as the District general hospital and care homes. The CQC has the authority to take action on behalf of people who use services that may be unsatisfactory. They can only take action if there is reason to think that anyone’s basic rights or safety are not being met. The CQC can make particular actions in reaction to risks seen as serious. For example, the CQC can request that a care home or hospital is closed until the provider reaches the safety requirements, otherwise suspension will go forward. The CQC can take a service off the register without question when necessary.
Third section organisations are also in place for the protection of children; these can be charity organisations which receive both public and private funding. These organisations include:
Barnados- this is a charity which helps to support: vulnerable children, children’s families, communities and young carers. Their job is to prevent as much child poverty, child abuse and child sexual abuse from happening. They campaign for the rights of children and provide a range of support including: counselling, fostering, adoption, training and educational services. For more than 100,000 children and young people and their families, they also help asylum seeking children. It is one of the biggest children’s charities in the UK and raises money through high street stores, local retail shops and second hand stores as well as an online shop.
NSPCC – their “aim is to end cruelty to children in the UK.” The NSPCC Helps children at risk, by helping those who are the subject of: neglect, physical abuse and sexual abuse. They also help children under one, looked after children. To help end cruelty to children and young people in the UK, they create and deliver services that will be capable for protecting children and young people. They provide support and advice for adults and professionals if they are concerned about a child. They work with organisations to make sure that they will effectively achieve protection of children and young people and campaign for changes to legislation for the protection and rights of every individual child.
ChildLine is a service that children and young people can contact for free if they are ever in need of talking to someone confidentially about general issues and problems, big or small. If a child is worried, scared, upset or just in need of talking to someone they can contact ChildLine and someone can provide information and support where they can call free, have a 1-2-1 chat online on an instant chat service, send emails, message on the ChildLine message boards or Ask Sam. “Whenever children need us, ChildLine will be there for them – 24 hours a day, 7 days a week, and 365 days per year.”
Private Providers are put in place for the care of children such as: private nurseries that provide day care for the carers of children, where they pay for them to be looked after. The Early Years Foundation Stage (EYFS) is part of the Government’s wider scheme. It is laid out in the Children’s Plan and Every Child Matters, which gives every child a chance to start developing early on in life. Every nursery that is registered in England is inspected by CQC against the EYFS.
Care homes- Most children in care will go to care homes. Care homes provide high quality care and a stable and secure environment for foster children and young people to live in. They are residential homes where every individual child and young person has their own space and belongings. Usually only around 10 children will live in one care home. “children's homes remain an option and 9% of children go there.” They try to create as much normality as possible especially for children who have encountered “abuse, neglect and traumatic relationships or for children in need of Therapeutic Residential Child Care”. In most cases children will be sent to a care home instead of a foster placement “If they are older than 14, or if there are behavioural issues that need addressing.”
Foster agencies- Fostering agencies intend to help every individual child find the right carer/carers, They will make sure that the carer/carers will transform the lives of any vulnerable children/young people by making sure they are appropriate to take care of children/young people. Every foster agency will need to know personal details of pending carers and assessments will be made to ensure they are suitable to foster and the type of child and/or young person they would be best able to care for. Checks are made by foster agencies for the potential carer/carers, with their local authority, employers and references as well as a (CRB) Criminal Records Bureau, to make sure they have no criminal offences and to build a personal profile. A medical examination is also done in order to make sure they are fit enough to take care of the child/young person until the age of 18. Their suitability to foster will be fully assessed which can take up to 6 months. The fostering agency will then send their application to an independent fostering panel who will then approve if they can become a foster parent. Finally the fostering agency will make their entire decision on whether they will be able to foster. Fostering agencies will arrange for the foster parent/s to receive training in order to provide appropriate care and support for children and young people.
DOH- the Department of Health is responsible for health and social care body and for the National Health Service. The job that the Department of Health does is to develop polices and guidelines to better the quality of care and to aim for patient expectations.
“Healthy lives, brighter futures” is a strategy created by the Department of Health for the health of children and young people. It is a national framework that sets out how the “local authorities, primary care trusts and those working across children’s health services” will work together to structure the attribute of support for families at important points of their children's lives.
The Healthy Child programme for early life stages centres on a “universal preventative service,”supplying families with a “programme of screening. Immunisation, health and development reviews, supplemented by advice around health, well being and parenting.”
“The Healthy Child Programme (HCP) from 5 to 19 year olds” has a valued “framework of universal and progressive services” provided for children and young people to benefit optimal health and well being. It puts recommended “roles and responsibilities for commissioners, health, education, local authority and other partners” to stimulate the development in to high quality services. The healthy living programme helps support children and families get a rewarding start to life.
NHS- the National Health Service helps to better children’s health by giving as much support and advice to the parents and carers taking care of children. It has guidance for parents on their children's health by age category: 0-2 years, 3-6 years, 7-12 year and for teenagers. Each category answers health related questions that parents may want to know information. For example, for 0-2 years a question asks “When should I start giving my baby solids (weaning)?” the answers “You should start giving your baby solid foods, often called 'weaning', when they are around six months old.” The NHS also provides health information for pregnancy and baby topics. Another topic is “Safeguarding children and young people” It covers the “process of protecting children from abuse or neglect, preventing impairment of their health and development, and ensuring they are growing up in circumstances consistent with the provision of safe and effective care that enables children to have optimum life chances and enter adulthood successfully.' (Working Together to Safeguard Children 2006).” and “Keep your kids safe at home” There is a film called “Super Sid the Safety Kid” and was made by “Barrow & District Community Action Safety Group with help form local social enterprise company Signal Films.” The film shows parents about how some items that may not seem threatening to adults but can be dangerous hazards to babies and young children “through the eyes of a toddler named Sid”. Life check for early years and teenagers is another service provided by the NHS which aids children. “The NHS Life Check is an online health service that will help you assess your own and your child's health and well being.”
Care order- This is when social services that are supported by local authorities, have the responsibility of making sure the needs and well-being of every child and young person are met. Occasionally a child will have to ‘live away’ from their family because of detailed reasons and are cared for by the local authority which is called ‘Looked after’. The social services will make the decisions of where the child or young person will live and who they will see but will involve the parent when it comes to important things as well as reassuring everything with the person in care. The intention of a ‘Care Order’ is to certify that the child is continually safe and to reunite the child with the family if appropriate. If it is not appropriate, care will be extended by social services until the child or young person is 18 years of age or the situation adjusts. In the Children’s Act 1989, 2004 on a main area of discussions about the duty to confirm children are supported and kept with the home. This includes services available or offered to them, to make sure this occurs.
Emergency Placing- Emergency Placing is when a child or young person needs a place to stay and are made within 24 hours of request and when there has been no plan made before. The child or young person will be placed with social services or with the police before finding a placement depending on the situation. Circumstances sometimes demand children to be taken away from their family home and put into care immediately due to many reasons. The duration of an emergency placement will depend on the individual’s situation but can be extended to a long term placement if necessary. A child may be placed in emergency care with children carers, extended family or family friends.
M1- There are different policies and procedures in different settings which support children and young people with their families whilst their child is being looked after, for example schools have many policies and procedures to both protect the children and keep their families informed of what goes on whilst they are at school ensuring them of their child’s well being. These policies range from anti-bullying policies and procedures to CRB checking the staff to ensure that they are suitable to be in a workplace with children.
Another example is a child minder in which someone either enters your home or has a place of work you can take your children to where they will be looked after. Policies and procedures need to put in place with this type of work to because if an accident or emergency occurs, children of the parents or guardians may need to contacted and/or children may need to go to hospital, CRB checks need to be put in place and ensuring outings are safe and effectively managed which Includes, policies and procedures for ensuring that risk assessments and trial runs are undertaken, parental permission is obtained and details of all vehicles involved are recorded.
Youth groups where young children will go to meet other young children in their local area and participate in activities provided at the youth group need policies and procedures put in place to confirm certain information between parents/guardians and the staff regarding their children including: Parental consent which is a major part of youth groups that ensures the parents are aware of where their children will be and whether photographs or video recordings may be taken of their child within the youth group. The parents must also provide contact details so they can be contacted for any reason and a medical form must be provided for the youth group, so staffs are aware of any medical needs any children may have to prevent harm to any children.
Foster agencies, where carers can foster a child/children from. Policies and procedures can include: All records are to be kept in locked filing cabinets in the premises; all reports, assessments, copies of statutory reviews, care plans and any other information will be kept on the file. Polices and procedures for the carer: each carer is issued a logbook to keep a record of significant incidents or issues. “New and existing foster carers need to remain aware of the importance of attending training to ensure they are kept up to date on legislation, practices and guidance in relation to all areas that impact on subject of safer caring.” There are also polices and procedures to ensure the child's needs are met: the child is entitled to receive education, which will be compulsory. The child shall be protected against all forms of neglect, cruelty and exploitation.
Play workers are responsible for making sure that the Health and Safety policies and procedures are followed at all times. They are required to: Take care for their own health and safety as well as others who may be affected by their acts at work. Report all accidents, incidents and/or emergencies that have or may lead to in the future, that could lead to injury or damage and to assist with the case in such events. Complete any relevant Health |and safety training instructed by the Play scheme Co-ordinator. Uphold an environment that is safe, without any risks to anyone’s health.
Counselling Services have polices and procedures for confidentiality and recordings. These can include: each individual person is entitled to privacy in their work with a counsellor. All contacts with a counsellor are confidential. Written permission is required for Counselling Services to release information to others or if there is a chance that the client or others may be at risk, then action may be taken. Also, reports of abuse of children unable to care for themselves will require action to be taken.
Children’s Act 1989/2004- The Children’s Act 1989 aimed to ensure that the welfare of the child was primary by working in partnership with parents to protect the child from harm. The Act determines that that all local authorities are supporting equal standards of provision to support children, young people and their families to give them equal rights and to ensure children are consulted and kept informed of their legal rights. The Children’s Act 2004 purpose is to additionally progress children’s lives and gives the legal reinforcement to ‘Every Child Matters: Change for Children’ (2004).
This Act helps children by protecting the child from harm. The Act strengthens a child's legal position to give them equal rights as well as them being able to express their feelings and wishes. It also makes sure that everything is checked with the child first and that they are kept informed An example of how this Act helps children is:
There have been a few fundamental changes in return to the Children Act 2004 which means that from April 2006, education and social care services for children have been delivered under an executive of children's services in each local authority.
Every Child Matters 2003 (EMC) - This Act takes in to account the well being of every child and young person from when they are born until they are 19. There are five main principles of this legislation which are applied to every child no matter what their background or circumstance is. These include: to stay healthy, stay safe, to enjoy and accomplish, to make a positive contribution and to experience economic well-being. It also ensures that people working with children are properly trained.
This Act helps children by making sure that staff are fully trained to ensure that children get the best out of the services provided. The five principles help every child get treated equally, if a child was being neglected by their parents by not keeping their child safe and this was reported, this act will put that right and will ensure that the child is kept safe.
The Human Rights Act 1998 – This Act includes the European Convention on the Human Rights into the national legislative framework. It allows children, young people and adults to pursue protection of their rights both at national level and internationally, through the European Court of Human Rights in Strasbourg. This Act makes it unlawful for public authority, to breach the sixteen major rights unless an Act of Parliament meant that it could not have acted differently. These basic Human Rights are based on principles of equality, dignity and respect.
This Act aids children by giving them all the rights that every other person is entitled to. It helps children by giving them a human right to shelter. If this human right did not exist then many children would be without shelter.
The Data Protection Act 1998 – This Act stops information from being wrongly handled, while securing the safe use of data for valid reasons and protecting the rights and privacy of individuals. There are eight regulations to guarantee that personal information is: fairly and lawfully handled, processed for restricted purposes, acceptable, relevant and reasonable, accurate, not kept longer than needed, processed in confirmation of your rights, kept secure and not transferred abroad without suitable protection.
This Act helps children because if they speak to someone like a social worker who they then tell them something to them that they do not wont their parents to know what they are talking about, the social worker will keep this information confidential and put put it in file and it will not be handed to the wrong people as it will e protected, which means that the child will be able to receive the help they want.
The Framework for the Assessment of Children in Need and their parents 2000- The framework was brought out for the particular reason to secure the happiness of children and young people at independent periods throughout their lives. It forms framework and direction for the awareness and assessment of children and their families. Countless families stand in need for help to manage their difficulties. it is crucial for people in these circumstances, that sensitive assessments are created and beneficial actions are put in place. The assessment should distinguish the needs of a child or young person and can be the beginning stage of a longer course of action for support and likely intervention.
United Nations Convention on the Rights of the Child 1989- This is an international agreement which recognizes the right of every child and young person. It’s composed of 54 articles enclosing a matter of rights. These entail the right to respect, the right to protection from sexual abuse, the right to education and the right to a life. The convention also protects children and young people that live away from home, and who are disabled, are equally treated and that their particular needs are met.
Common Assessment Framework- This is a key part of delivering important services that are integrated and focused around the needs of children and young people. It is a standardised method used by practitioners to assess children's additional needs and decide how these should be met. It is a method used to identify the strengths and needs of a child and to put a plan into place a plan to approach any unmet needs. A Common Assessment Framework form is regularly filled in by one of the professionals working with the child. They will then arrange a team meeting to discuss the contents of the form with all the professionals working with the child and their family. The whole process is voluntary and both child and family are involved with every single stage of the process.
The role of CAFCASS and the local authorities’ policies and procedures- The Children and Family Court Advisory and Support Service looks after the importance of the child involved in family proceedings. CAFCASS work with the child and family and will inform the Courts of what action they believe is in the best interest of the child. If an application is assigned to the court in connection to the child then it is likely CAFCASS will get involved.
Reference:
www.harcourt.co.uk/btechsc
http://www.barnardos.org.uk/what_we_do.htm
http://www.cafcass.gov.uk/
http://www.nspcc.org.uk/what-we-do/the-work-we-do/childline-services/childline/childline_wda90547.html
http://familylives.org.uk/advice/what-might-happen-if-your-child-continues-truant
www.scscourt.org.
http://www.bwsted.com/en/about/what-is-the-cypp
http://www.nfa.co.uk/
http://www.thewhocarestrust.org.uk/pages/childrens-homes.html
http://www.dailymail.co.uk/news/article-2061597/Children-broken-homes-times-likely-run-away.html
http://www.childhoodbereavementnetwork.org.uk/documents/HealthyCareBriefingbereavementandloss.pdf