An investigation of legislation, services and provision involved in a selected case study.

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An investigation of legislation, services and provision involved in a selected case study

Case study three addresses the problems of a child of mixed race named Sam. His family suffer the effects of many issues including neglect from inability to provide Sam with basic needs like food, warmth and short-term foster care, in which Sam has been in since the age of five due to his mother’s long term depressive illness. Separation from siblings and ethnicity is a large issue for Sam and his family as he has been separated throughout his life and may possibly be living in foster care with others who are not his brothers and sisters. Ethnicity may become a problem in foster care also, as carers may need to provide personal requisites, leading to greater cost. Legislation has provided frameworks to integrate services and providers from official and voluntary sectors to co-ordinate support to families in these situations.

Short-term foster care is designed for parents who haven’t signed release forms for a child to be adopted. The aim is to return the child or young person to their own family as soon as possible. It can last from a few weeks to several months. While the child is with the foster family, they and their social worker may resolve any problems so they are able to return home. However sometimes the Court decides that the child cannot return home and must stay until other arrangements are being met (). As he becomes older various problems may arise, as the chance of him being fostered reduces. When Sam reaches sixteen he is legally allowed to leave his foster home. However those that do leave at such an early stage often suffer from difficulties of poverty, isolation and depression. (Stein and Carey 1986). Teenagers should have three main factors from their carers. They should have a feeling of belonging and trust. They should have autonomy e.g. to suit themselves when they come in and when they leave. Carers should also help them to change if there are any problems, e.g. return to school or bring the children off drugs. (Triseliotis et al.1995).

Neglect, also known as ‘omission’, was the reason for taking Sam into care. This is defined as adults who fail to meet the basic needs of the child, such as food, warm clothing, being left alone, lack of medical care and so on. Sometimes adults fail to give their children love and affection, this is known as emotional abuse. If neglect is effecting a child an Emergency Protection Order under Section 44 of the Children Act 1989 can take place. This is implemented in situations of crisis when a child needs immediate protection. Under Section 44 social services can assume the role of the parent for the duration of the order, initially 8 days, which can be extended to 15 days. Section 46 of the Children’s Act 1989 states that if children are likely to suffer harm they may be removed or steps taken to ensure that they are in a safe place. Legislation was passed which gave penalties for ill treatment and authorised removal of children as a result of it. (Hendrick 1994)

The police and Social Services have the power to intervene in family life, however they should not do so unless there is clear evidence of harm or possible harm to the child. The Police and Criminal Evidence Act 1984 restates the common law power of the police to enter and search any premises for the purpose of saving ‘life or limb’. The Law gives local authorities the primary role for taking action, however they should be in close contact with health and other professionals. Article 19 of The Convention on the Rights of the Child says

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State parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent (s), legal guardian (s) or any other person who has care of the child.”

Hill, M; Tisdall, K. (1997)

Local authorities provide services that aid all children who are in a vulnerable position or at risk, they provide protection, safety, foster care and advice. In March 2002 just over 11,200 children were looked after ...

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