The current French system resembles the third position, which is known as 'the modern defence of the birth family and parents rights'. It is also the position that the U.K. is aiming for a present. Here, "state intervention is legitimated, but this intervention is seen as ideally of a supportive kind helping to defend and preserve birth families." (Fox Harding, L.1996). Finally the fourth perspective focuses on 'children's rights and liberation', by advocating the child as an independent person with independent rights. The change in policy in the U.K., with the Children's Act 1989, implemented more rights for the child thus embracing the start of a new relationship between the child and the state.
Ultimately these relationship frameworks depend on the country and the political and developmental stage it is at. It is empirical however to analyse them as they are the basis of understanding each country's policy responses. Some of these frameworks will be discussed when analysing the policies of France and the U.K. along with some of the factors that have influenced them.
"Any major piece of legislation develops in response to a variety of influences." (Hill, M. and Aldgate, J. 1996). In the U.K. for example, the Children's Act 1989 was the result of a number of influential factors.
One of the biggest influences, which has already been dabbled with, is that of the wave of child abuse tragedies that occurred over the years. The public inquiries and the amount of media attention that arose because of these cases shed light upon the inadequacies of practice and previous policies. Cases such as Jasmine Beckford and Kimberley Carlisle and the Orkney and Cleveland inquiries impacted public perceptions and professional practice and shaped the responses of the U.K.'s policies to the problem of child abuse. This social reaction prompted those in power to reassess their protection schemes and to readdress the issues of evidenced based practice etc. within their policy changes. According to Alcock et al. these high publicised inquiries, "led to the promulgation of extensive procedural guidance at central and local levels to social welfare and other agencies designed to avoid repetition of tragedy and scandal" (Alcock et al 1998).
It has been argued however that this extreme emphasis, although in some ways needed, was detrimental to other childcare services e.g. prevention, and pushed them out of the focus of social welfare agencies and thus led to a paternalistic state and family relationship. On the other hand, over more recent years the change in view at institutional and cultural levels has required the U.K.'s policies to become more flexible and supportive to families and parents without primarily focusing on child protection registers and casting immediate blame etc.
According to Armstrong, H and Hollows, A. (1991) other cultural factors are also involved in determining policy responses. Firstly they state that culturally and socially a society needs to acknowledge that child abuse exists before their policies can be changed, redefined or updated in order to protect children. Secondly they continue to suggest that how a country defines abuse must also be considered as an influential factor. For example if a country defines abuse as a crime then their policies will ultimately follow this and pursue legal punishment. It can be suggested that in France a 'humanistic model' (Parton as cited in Armstrong, H. and Hollows, A. 1991) is followed to a certain degree. The country's view that social factors are very likely to be involved in child abuse cases is evident in their policies, which apply preventative, counselling and therapeutic approaches. Examples of this can include the forcing of families to co-operate at the intervention stage, which is unheard of in Britain. The fact that there is in place a rigorous screening process for children up to the age of six years old as well as free nursery school places for all children (aged three to six) also adds light on such approaches.
How the state perceives the status and rights of children is seen as another culturally determining factor. Hegar (as cited in Armstrong, H. and Hollows, A. 1991) suggests that there are three patterns of this in European culture- 'traditional', 'protective' and 'liberationist'. 'Traditionally' the focus is that the parents are superior to the children giving them the rights of decisions, protection and care. This is the view of the French society were their main concern is keeping the birth family together and were taking risks to do so is acceptable. One of the main concerns of this system is the fact that in most cases the Children's Judge does not hear the child's wishes and views, and if they are heard they are poorly represented. In the U.K. however the 'protective' attitude of society is reflected in their policies that recognise the state as having direct responsibility for protecting children when the parents have failed.
Within the U.K. however over recent year's societies views on the status of children have been wide-ranging which has ultimately had some impact on policy and practice. At a socio-cultural level children are now viewed as having the capabilities to engage in building and constructing their own lives. Furthermore opinions have swayed towards autonomy of women and in particular of children. In today's society, through the emergence of feminist writers especially on issues such as patriarchy and domestic violence, children are viewed as independents rather than being the property of men. This again has been reinforced through changes in the political economy of welfare where society's perceptions of children have transformed towards children being independent service users whose wishes and preferences have been given great importance.
These alterations have been reflected in the policy responses of the U.K. through the modifications made with the Children's Act 1989. These policies stress the importance of immediate action once abuse or risk has been identified. A social workers main aim in the U.K. is to guarantee the child's right to protection from harm and if necessary will battle with parents and other agencies to fulfil this. In France however children have not been accorded as many individual rights independently of their family. Ultimately this position is a result of the 'traditional' state and family perspective. The French policies have adapted to this cultural opinion and have enforced that child protection work should be focused on the family and that children should be considered not as an individual but as part of the family.
Some of the policy responses have been outlined in the above discussion for France and the U.K. However it is necessary at this point to indulge in more generalised and comprehensive accounts of the French and British policies and take notice of their implications on social work. In the U.K. the Children's Act 1989 aimed to introduce key changes for practice by focusing on principles such as paramountcy of the child, partnership and parental responsibility as well as attending to issues of balance in terms of public and private law, child protection and family support and the rights of the family against the rights of the child. This has lead to increasing pressures on social workers who have to prove that they have been empowering, anti oppressive and supportive to those involved in their cases.
Also within the U.K. these policies afforded children considerable rights as individuals and these are considered primarily before those of the parents in child protection cases. This has led to a predominantly rights-based legal approach where social workers hold considerable amounts of power. Whereas the French state has "striven to create favourable material and moral conditions for family life." (Cooper, A. 1994). If a French social worker is concerned about the welfare of a child he/she refers the child and their family to the Children's Judge. This referral does not have to produce evidence or proof of abuse but can be made even if a child is perceived to be at risk. This system places the decision-making and case planning into the hands of the Judge relieving social workers of some of the responsibility and power that their British counterparts hold. The Judge however is not all-powerful. There are a number of decisions that he/she cannot make that are frequently made in England. An example of this centres around the issue of adoption. A French Judge cannot permanently sever the ties between the child and his or her family although in the U.K. Freeing for Adoption is a valid option which the government is currently pushing to be used more often.
The concept of power and oppression can also be related to the general public themselves. In France, unlike the U.K. the legal process is designed to assess the situation as 'family problems' rather than producing legal decisions. One would assume therefore that the French public would have more rights than their British equivalents but this is not the case. It is within the British system that individuals are afforded more rights. However this does not mean that they hold more power. Firstly in France the Children's Judge's decisions have much less radical consequences than those in the U.K. and secondly the complex legalities of the British system makes it very hard for some individuals e.g. parents to exercise their rights fully.
Lawyers and solicitors are also not involved within the French legal process, which also eases tensions within the social worker and family relationship and also encourages co-operation of the family. The opposite can be said of the U.K.'s legal processes, which tend to encourage conflict. That is between the state, the social worker and the family. The relationship between the law and social work therefore has an obvious impact on the day-to-day experiences of social workers.
Cooper, A. (1994) found that French social workers have a, "consistent, trusting professional relationship at the centre of their professional aims" whereas in the U.K. social workers are mainly concerned with "whether parents are guilty or innocent and with the task of collecting evidence." (Cooper, A. 1994). The protective system of the latter proves to be a disadvantage as it leaves social workers on the receiving end of accusations and abuse and stereotypical blame. Cooper proves this point by highlighting that in France there has never been any high publicised cases as in the U.K. therefore there has never been a lack of confidence in social work and has resulted in a positive public perception.
In conclusion it can be agreed that, "child welfare policy involves striking a balance between the responsibilities and rights of parents, the rights and needs of children and the role of the state and other service providers." (Alcock et al 1998).
Depending on the country the systems of response are at different levels providing varying degrees of policies. According to Armstrong et al (1991) however the European Council recommends that all countries follow a dual strategy of "immediate intervention coupled with prevention". (Armstrong, H. and Hollows, A. 1991).
The Council further recommends measures regarding early detection, prevention, management and undertaking personnel training. One weakness of these varying policies offers an abused child no guarantee of a common response. The above discussions effectively show this were the basic differences of the two countries are inherent in the assumptions, aims, objectives and even the culture of the child protection system and its workers. Overall, "intervention in the two countries occurs at different points in the evolution of family difficulties, has different objectives, is framed by different legal powers and possibilities, and typically leads to different outcomes." (Cooper, A. 1994).
REFERENCES
Adams, R. (2002) Social Policy for Social Work. Basingstoke: Palgrave.
Alcock, P. Erskine, A. and May, M. (1998) The Students Companion to Social Policy Blackwell Publishers
Armstrong, H. and Hollows, A. (1991) in Hill, M. (Ed) Social Work and the European Community: the Social Policy and Practice Contexts. London: Jessica Kingsley Publishers, 142-161
Cooper, A. (1994) In Care or En Famille? Child Protection, the Family and the state in France and England. Social Work in Europe. Volume 1 No. 1 59-67.
Fox Harding, L. (1996) Perspectives in Child Care Policy 2nd Ed., Harlow: Longman
Hill, M and Aldgate, J (1996) The Children Act 1989 and Recent Developments in Research in England and Wales, in Hill, M. and Aldgate, J. (Eds.) Child Welfare Services: Developments in Law, Policy, Practice and Research, London: Jessica Kingsley Publishers