rotecting children
d children 126
efinition and extent of child maltreatment 128
erstandingthe causes of child abuse 134
ttachrnent theory 134
social-learningapproach 135
amily dysfunction theory 136
he feminist perspective 137
Sociolog~calviewpoints 138
An integrated perspective on sexual abuse 139
he consequences of child abuse 141
B
Physical abuse and neglect 141
Sexual abuse 143
Risk factors 143
Consequences of sexual abuse 145
child-protection system 147
hild protection conference 153
legalframework 156
ourt-ordered investigations 156
upervision order 158
Emergencyprotection order 158
Policy powers 160
Recovery order 160
Child assessment order 160
Guardian ad litem 161
sages from research 162
he child-protection process 162
How effective is the child-protection process? 163
How can professionals best protect children? 163
ase examples 164
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In the previous chapter we discussed the meaning of prevention in the ters in England. This represents 2.8 per 1,000of all children under 18.
text of the Children Act 1989, and we looked at a few of the family-suppo most common reason was neglect, followed by physical abuse, sexual
services designed to prevent abuse from occurring. In this chapter, we sha and emotional abuse respectively. This represents a reversal of the
focus on protection: that is, what happens when abuse or neglect ar us trend where physical abuse was much more likely to be the reason
alleged or have actually occurred. istration than neglect. Girls were more likely than boys to be on a
because of sexual abuse - around a third of the girls as compared
fifth of the boys (Ruxton, 1996).
Objectives re is increasing concern about child pornography and the sexual
ation of children. The possession and dissemination of child pornog-
When you have read this chapter, you should understand why agreed defi y is an offence in the UK. A recent study estimated that there had
itions of child abuse are so important and why figures on child protectio a 35 per cent rise in the annual number of police cautions adminis-
registers fail to reflect the true extent of child abuse. You will encounter a ed to young people for soliciting (Lee and O'Brien, 1995). So-called 'sex
number of perspectives on the causes of abuse, and the consequences of rism' is also a significant problem. Substantial numbers of men from the
both physical abuse and sexual abuse. The concepts of risk and resilience , and other technologically advanced countries, visit certain developing
are both discussed. In addition, the chapter looks at the attempt of the gov- ntries (e.g., the Philippines, Sri Lanka and Thailand) to buy sex from
ernment to integrate family-support services and child-protection services: ung child prostitutes. As noted by Sanders (1999), the UK, along with a
this is discussed in the context of the new government guidance on child- mber of other European countries (Sweden, France and Germany), have
protection procedures and assessment, including the process of dealing assed legislation to make it a criminal offence to travel abroad for the pur-
with referrals, investigation/assessment, and child-protection conferences. ose of sexually abusing children. The Sex Offenders Act 1997 (Section
The legal context of child protection is also discussed. 7(1))prohibits this activity by specifying that:
Abused children
Concern about child abuse can be traced back to the latter part of the
nineteenth century in most EU countries. Since then, and in line with
changing societal attitudes, awareness of child abuse has increased progres-
sively, particularly over recent decades. In the 1960s, child battering was
identified as a major cause of child injury and death. The 1970s and 1980s
were distinguished by the 'discovery' of widespread sexual abuse of children
both inside and outside the family. During the 1990s, increasing attention
was paid to the abuse of children within institutions. In the UK, we have
seen a number of scandals involving physical and sexual abuse of children
and young people by care staff and teachers in residential-care and educa-
tional settings (Ruxton, 1996).
Four broad categories of abuse are recognised internationally: physical
abuse, emotional abuse, sexual abuse and neglect. It is widely understood
that official statistics represent only the tip of a rather large iceberg with
respect to the true prevalence of child abuse (Giddens, 1989; Colton and
Vanstone, 1996). Even so, the numbers of children placed on child protec-
tion registers do provide some idea of levels of violence to children in the
UK. On 31 March 1998, there were 31,600 children on child protection
y act done by a person in a' country or territory outside the United
ngdom which (a) constituted an offence under the law in force in that
country or territory; and (b) would constitute a sexual offence to which
this section applied if it had been done in England and Wales, or in
Northern Ireland, shall constitute that sexual offence under the law of
that part of the United Kingdom.
Over recent years, there has been growing professional awareness of
other forms of abuse, not least domestic violence. Children are often
the hidden victims of this problem. There is a relative lack of research on
the impact of domestic violence on children. The first study in Britain
showing the devastating effects of domestic violence was published as
recently as 1994 (NCH, 1994). Based on information collected from over
100 women, who loolted after 246 children, the study found that nearly
three-quarters of mothers said that their children had witnessed violent
incidents, and 67 per cent had seen their mothers being beaten. Ten per
cent of the women had been sexually abused in front of their children.
Most of the mothers believed their children were adversely affected in both
the short and long term. The problems manifested by the children
included: bed-wetting, becoming withdrawn, low self-esteem, violence and
aggression towards others, ~roblemsat school, and problems in trusting
people and forming relationships.
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The definition and extent of child maltreatment
Act of 1974 has defined maltreatment as:
the physical or mental injury, sexual abuse, negligent treatmen
treatment of a child under the age of 18, by a parent who is res
child's health or welfare is harmed or threatened.
However, many people would argue that abuse is an act of conznzissi
and so the definitions should revolve around the parent's motivation or
intent. Now - at least from the practice standpoint - we are in the position
of having to decide whether a parent who, for example, scalded a child's
foot in too-hot bath water, intended the scald or just neglected to check the 4
temperature of the water. It is often very difficult to determine motivation,
particularly since 'accidents' can contain unconscious intended elements.
A second practical problem in separating abuse from neglect is distin- al. The definitions are:
guishing less than optimal care from care that is actually harmful. Can a
1~ ~ e a r - o l d ,for example, be safely left alone for half an hour? Three hours?
Overnight? Is it acceptable to discipline a child by slapping with the hand?
With a belt? With a cricket bat? Examples of inadequate care fall on a con-
tinuum from the slightly neglectful to the grossly abusive. There is also a
continuum regarding the actual harm experienced by the child: from subtle
forms of emotional damage to physical injury to death. How serious must
the harm be before we say it is abusive rather than the result of neglect? These definitions include potential (likely) as well as actual harm. I<ey
We must also decide whether to include potential as well as actual harm terms such as 'development' and 'ill-treatment', which are somewhat nebu-
in any definition of neglect. Soine people might say that the 12-~ear-old us, are drawn from the Children Act 1989 and are themselves defined in
could be left alone for half an hour but not overnight, on the basis that ection 31 of the Act:
harm is more likely to occur the longer the child is left. Soine might say
that a toddler may be allowed to play on the stairs but should not be 'harm' means ill-treatment or the impairment of health or development;
allowed to play with a knife. The degree of potential harm inherent in these 'development' means physical, intellectual, emotional, social or behav-
examples is largely a matter of opinion, and it is almost impossible to write ioural development;
a definition of neglect which is neither too broad nor too narrow. A too- 'health' means physical or mental health; and
broad definition would include the average parent's every lapse of attention, 0 'ill-treatment' includes sexual abuse and forms of ill-treatment which are
while a too-narrow definition would exclude everyone but the most severely
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It may appear that this chapter has waid far too much attention to d here they live; there is considerable geographical variation in defini-
tions of abuse and neglect which are ambiguous at best and will an interpretations and thresholds, reflecting local circumstance, practice
have to be interpreted by the social worker with respect to individual c esources. Finally, the widespread practice of recording only one type
However: use reduces the apparent extent of emotional abuse in comparison
agreed definitions of child abuse are important for two reasons. The
other types of abuse (National Commission of Inquiry into the
is to establish a general framework within which policies designed to t is worth highlighting here that there is good reason to suppose that
vent child abuse can be developed and assessed. The second is to ost cases of child sexual abuse do not come to the notice of child-protec-
vide a set of technical definitions for identifpng actions or circumsta
which are taken to be abusive. These technical definitions are neede
statutory, legal, statistical, procedural and research purposes. (Natio
Commission of Inquiry into the Prevention of Child Abuse, 1996, p. 1
In other words, if we are to develop policies to prevent child abuse,
need to know what it is that we are trying to prevent; and if we are to co inst children annually. In addition, the names of some 17,000 children
occurrences of child abuse we need to know what it is that we are count- on child protection registers for sexual abuse. However, the report of
ing. For example, one of the decisions for which technical definitions of National Commission of Inquiry into the Prevention of Child Abuse
abuse are needed is the decision about whether a particular child's name
should be placed on the child protection register. The process by which a
child's name comes to be placed on the register will be discussed later in
the chapter. Here, it is sufficient to note that each child protection register
lists all the children in the local area who are considered to be at continu-
ing risk of significant harm, and for whom there is a child protection plan
(Department of Health et al., 1999, p. 61).
At the end of March 1995, the names of 40,746 children were on child
protection registers in the UI<. In England, the number registered totaled
34,954 children; around 1 in every 300. Of these, 37 per cent were regis-
tered for physical injury, 32 per cent for neglect, 26 per cent for sexual The Commission argued that 'definitions of abuse should not be gov-
abuse, and 13 per cent for emotional abuse, with 9 per cent registered for ned by the availability of resources. Moreover, if society is to become less
more than one category of abuse (National Commission of Inquiry into the
Prevention of Child Abuse, 1996).
Unfortunately, the figures on child protection registers do not provi broad definition of child abuse:
estimates of the true extent of abuse for a number of reasons. For examp Child Abuse consists of anything which individuals, institutions or
processes do or fail to do which directly or indirectly harms children or
damages their prospects of safe and healthy development into adulthood.
the family can protect the child. Many children who are abused may not (National Commission of Inquiry into the Prevention of
have their names on the child protection register; registers exclude large Child Abuse, 1996, p. 2)
numbers of children who do not come to the notice of social workers but
who have identical experiences to those registered. Those registered consti-
tute only a minority of those referred to social workers; and, as well as the
children referred to social workers, many more are involved in situations
where abuse is likely. Children's chances of being registered partly depend
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In seelung more realistic estimates of child abuse, the Cominission's n the same vein, the Department of Health einphasises the environment
analysiswent far beyond official categories and included a consideration o n which incidents of abuse occur:
poverty and homelessness, children living away from home, children in
secure accommodation, school bullying and exclusions, young caregivers, any ~otentiall~abusive incide~zthas to be seen in context before the
and children and employment. extent of its harm can be assessed and appropriate interventions agreed.
The Commission also considered racial harassment, from serious vio- An important part of that context is evidence about the ...outcol7ze of
lence to name calling.The Commission's report noted: abuse. ... Long term difficulties for children seldom follow from a single
abusive event; rather they are more likely to be a consequence of living
For some children there is no escape at school, on the journey to and in an unfavourable environment, particularly one which is low in warmth
from school or in the family's immediate neighbourhood. This can seri- and high in criticism. (Department of Health, 1995, p. 53)
ously constrain social and leisure activities and creates additional pres-
sures on family relationships. (National Commission of Inquiry into ording to Child Protection: Messages fionz Resenrch (Department of
the Prevention of Child Abuse, 1996,p. 21) Ith, 1995), most cases which come to the notice of child-protection
encies involve children who are in need of support and protection but
Currently in the UK, there is no system for recording racial harassment not involve serious injury to the child. Whether a child is viewed as
and there is a lack of national research. This is despite the fact that racial ing in need of support and protection very much depends on the person
harassment is recopised as being widespread, and ethnic record keeping oing the viewing. 'High tolerance on the part of the public and profession-
is known to be essential in dealing with institutional racism (Ahmed, 1986, als for behaviours that are marginally neglectful or abusive will decrease
1994). the numbers of cases reported. The converse will be true if tolerance is
The Commission's report further noted that some organisations and their
staff were unsuccessful in tackling racial harassment and in tackling For example, while many people believe that any physical punishment
the effects of policies which 'unwittingly exclude or disadvantage children of children is wrong (Newell, 19g9)and contributes to their emotional mal-
from ethnic minorities. This creates distrust of those organisations and adjustment, others still believe in the right of parents to use physical force
individuals and reduces willingness to seek help or support from them' to discipline their children. The difficulty for those concerned with report-
(National Commission of Inquiry into the Prevention of Child Abuse, ing child abuse is to differentiate between child abuse and reasonable dis-
1996, p. 21). cipline. Besharov (1990, p. 68) offers the following guidelines for deciding
On the basis of its broad definition of child abuse, the Commission esti- hether a particular physical punishment is 'reasonable':
mated that at least one million children are harmed each year. At least
150,000 children annually suffer severe physical punishment. Up to
100,000 children each year have a potentially harmful sexual experience.
Between 350,000 and 400,000 children live in an environment that is con-
sistently low in warmth and high in criticism. Around 450,000 children are
bullied at school at least once a week. Over 4 million children - one in
three of all children - in the UI< live in poverty (National Commission of
Inquiry into the Prevention of Child Abuse, 1996,p. 2).
The Commission's report contended that official statistics not only
underestimate abuse but also divert attention from important issues.
Their focus on an alleged incident or risk, with a single cause, masks the
complex social, economic and personal problems which may have con-
tributed to the abuse occurring, and which may not be addressed in
child protection procedures. (National Commission of Inquiry into the
Prevention of Child Abuse, 1996, p. 12)
Was the purpose of the punishment to preserve discipline or to train or
educate the child? Or was the punishment primarily for the parent's
gratification or the result of the parent's uncontrolled rage?
Did the child have the capacity to understand or appreciate the correc-
tive purpose of the discipline? (Very young children and mentally dis-
abled children cannot.)
Was the punishment appropriate to the child's misbehaviour?
Was a less severe but equally effective punishment available?
Was the punishment unnecessarily degrading, brutal or beastly in char-
acter or protracted beyond the child's power to endure?
If physical force was used, was it recklessly applied? (Force directed
towards a safe part of the body, such as the buttoclts, ordinarily is much
more reasonable than is force directed towards vulnerable parts, such as
the head or genitals.)
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Think of a time when either you as a child, or a child knownto you,
were physicallydisciplined. Apply the Besharovcriteria to it.Was it
abusive?
the supportive 'mothering' relationship that the parents themselves
Despite all our efforts to arrive at a generally accepted definition of wh
is meant by ~ h ~ s i c a labuse, sexual abuse, emotional abuse and neglect, between mother and infant in the perinatal period could be taken
these concepts remain very much open to interpretation by the individual.
Yet clear and accepted definitions are essential if professionals and the
public are to know what behaviours to report, and child-~rotectionagencies
are to know when it is appropriate to intervene with families. A look at the
history and a few of the suggested explanations of child abuse may not help 1 learning theory, which has its origins in behaviourism, views child
us to resolve the dilemma, but it may at least increase our understanding of
why a behaviour that is viewed as abusive by one person may be seen as g techniques. Parents who were themselves maltreated as children
natural and necessary by another. Sanders (1999) has reviewed the histori- ot have learned how to control their children effectively using socially
cal context of child abuse and child protection in both the UK and the ved methods; instead, they adopt an abusive approach. Equally, par-
USA and has drawn ~arallelsbetween the developments in each country. who were overindulged as children are unable to establish appropriate
s and turn to violence when their own children go too far. Learning
orists have developed a range of behaviour-modification techniques. In
Understandingthe causes of child abuse
There have been numerous attempts to explain child abuse, using different
and often conflicting methodological approaches, levels of analysis, and vioural modification techniques have also been used with actual or
theoretical perspectives. However, none of the theories advanced so far sat-
isfactorily explains the full range of child abuse. At best, they offer only s sexually abusive behaviour, for example, as behaviour that has been
partial accounts. Thus, whilst they contradict one another in important ned (Bandura, 1965). Abusers associate certain lunds of stimuli, such
ways, the different perspectives are perhaps most fruitfully seen as comple-
mentary approaches. In what follows, we outline a number of influential a1 experiences during their own childhoods. This sexual orientation
perspectives that have sought to explain child abuse, beginning with attach- forced through masturbation to fantasies of child abuse and rein-
ment theory. The names should be familiar from our discussion of child-
developmental theorists in Chapter 2.
Attachment theory
Icempe, the American paediatrician credited with rediscovering child abuse milar beliefs, and may be used by abusers not only to
(Kempe and Helfer, 1968; Kempe and Kempe, 1978), focused on the ur but also to minimise any guilt they might experience
importance of the attachment between mother and child in explaining
physical abuse. Kempe's approach was informed by the work of Bowlby on how sexually abusive behaviour develops helps to
(see 1953; 1969; 1973; 1985; 1988) on attachment and maternal depriva- adults are sexually attracted to children, and suggests
tion. Kempe observed that mothers who abuse their children have them- ur can be changed; that what has been learned can be
selves often suffered from poor attachment experiences and are thus
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Určeno pouze pro studijní účely
rt of the Rowntree Inquiry into Income and Wealth (Hills, 1995) docu-
Sociologicalviewpoints
ers from the poorest estates as from other areas of the same city.
r findings have been reported by other studies (Waterhouse, 1997).
gratedperspectiveon sexual abuse
cultural support for the physical punishment of children, and cultural dis-
comfort with the idea of challenging the rights of parents and intruding
upon the privacy of the home. Moreover, violence against children is much
more widespread than official estimates of child physical abuse appear to
indicate. The solution requires a wider societal approach to dealing with
violence as a whole. Currently, although the official attitude towards child elopment of approaches which seek to combine elements from different
abuse is disapproval, violence towards children is, in fact, ~ a s s i v e l ~con- 001s to provide a more powerful explanatory theory of child sexual abuse
doned by a lack of a determined attempt to eradicate it (Gelles and
Cornell, 1985). rin most of the work undertaken with sex offenders in Britain and sug-
The social structural perspective is underpinned by research undertaken t that a range of psychological and socio-structural factors contribute to
by Gil (1978) which shows that children on child protection registers in the Id sexual abuse (Colton and Vanstone, 1996).
United States in the late 1960s mainly came from the lower social classes. example, Finkelhor (1984) suggests a four-stage process through
According to this perspective, society establishes the preconditions for offenders pass when committing acts of abuse. First, the offender
child abuse by condoning structural inequalities; that is to say, by allowing
many families to live in acute poverty and social deprivation. Therefore, ource of this motivation:
society must share the blame for child abuse, which should not be regarded
as the result of individual failure. Child abuse is a political concern, and
cannot be tackled by social workers alone. Rather than trying to change the
behaviour of individuals and families by psychologically-oriented interven-
tion, attention should focus on ameliorating the inequalities that result in
impoverishment and poor living conditions (Gil, 1978).
Although sociological perspectives on child abuse were originally
(i)
(ii)
(iii)
emotional congruence - relating sexually to the child satisfies some
important sexual need;
sexual arousal - the child comes to be the potential source of sexual
gratification;
alternative sources of sexual gratification are not available, or are less
satisfying.
-
promulgated in the United States, many have expressed similar views Secondly, the offender must overcome his internal inhibitions against
in Britain (see, for example, Parton, 1985; Holman, 1988). Moreover, the acting on his motivation. Abusers' own moral scruples can be overcome
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through alcohol or drugs, or may be undermined by psychosis, impulse d
order, senility, stress, or a failure of the incest-inhibition mechanism
family dynamics. Internal inhibitors may also be undermined by wid
social factors such as apparent toleration of sexual interest in children
parate sites to prevent sexual abuse from re-occurring.
Thirdly, the offender must overcome external impediments to com
en multiple factors: psychological, cultural and social. The influence
ting abuse. He must gain access to a victim and also have the opportu
to abuse. Both conditions can be easily met in the case of incest or intra
familial abuse. However, opportunities for non-familial (or extra-familial)
abuse must be more actively sought. Thus, many abusers consciously plan
ntion of Child Abuse (1996).
opportunities to gain access to children. They seek out places where chil-
dren are gathered, and cultivate acquaintance with those who have chil-
dren. Many of those convicted of child sexual abuse committed their
offences while employed as teachers, social worlcers, ~ o u t hleaders and
members of the clergy. Some such individuals deliberately seek positions
ical abuse and neglect
with children so that they can engage in sexual abuse.
Finally, the child's resistance to sexual abuse must be overcome. Many
abusers are in positions of power or trust in relation to their victims, which
makes it easier to overcome such resistance. Abusers may use threats, coer-
cion, violence, bribery, or reward to gain the compliance of their victims.
Resistance will also be easier to overcome where the child is isolated or
deprived, ignorant of sexual matters, and laclung the requisite knowledge or
confidence to resist. Many abusers report 'grooming' their victims and may
be very adept at obtaining compliance and ensuring that the child stays
silent later on (Colton and Vanstone, 1996). The commoner non-accidental injuries in babies and young children
Colton and Vanstone (1996,p. 21) report that the strengths of Finlcelhor's clude fractured ribs caused by excessive squeezing, and twisting fractures
four-preconditions model include the following:
1. It combines psychological and sociological explanations of child sexual rtunately, most such injuries heal over time without leaving permanent
abuse. mage. But this is not the case in relation to the effect of subdural
2. It is at a sufficiently general level to integrate all forms of intra- and ematoma (bleeding into the membranes surrounding the brain) and reti-
extra-familial abuse. a1 haemorrhage (bleeding in the baclc of the eye). Both can be caused by
3. It suggests that abuse by both fathers and ~ a e d o ~ h i l e srequire an expla- lows to the head or can be associated with a fractured skull; they can also
nation of how the sexual interest in the child arose, why there were no result from violent shaking, which leaves minimal superficial evidence - for
effective inhibitors, and why the child's resistance was either absent or example, grip marks on the chest or upper arms. Retinal haemorrhage may
insufficient. result in blindness, and the unrelieved pressure on the brain from a sub-
4. It applies both to offenders whose deviant behaviour results from dural haematoma can cause permanent brain damage and mental retarda-
deviant sexual reference for children ('fixated' offenders) and to those tion (Kenward and Hevey, 1989).
whose behaviour is situationally induced and occurs in the context of a Besharov (1990, pp. 70-1) has identified a number of factors which
normal sexual preference structure ('regressed' offenders). ght lead to the suspicion that an injury was caused by abuse. These
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factors include the following: s who were abused in childhood are at higher risk of abusing their own
a Tne child's level of developnze~zt. Given the limited capacity of inf en, by no means all abused children develop into abusive adults. As
to move about and injure themselves, any injury to an infant is co rd and Hevey (1989) state:
ered suspicious. ren have proved remarkably resilient to all forms of maltreatment
a Tne shape of the injzq. The child's body may show the shape o many thousands who have experienced what would be considered
object used to inflict the injury: for example, a belt buckle or a hot i sive childhoods by contemporary standards have become affection-
a Tne location of the injury. Children falling by accident tend to caring and sensitive parents.
their chins, foreheads, hands, elbows, knees and shins. Injuries to
areas - thighs, upper arms, genital and rectal areas, buttocks a cent years, there has been increased interest in resilient children who
back of the legs or torso - are rarely caused by anything other th d abusive childhoods to become successful adults. It seems likely
physical assault. th personal and environmental factors contribute to resiliency.
e Tne type of injuy. It is almost impossible for some injuries to be s 1qualities of resilient children are thought to include good intellec-
inflicted. Some types of fractures, for example, can only be caus bility, a positive attitude towards others, physical attractiveness, enthu-
pulling, jerking or twisting the long bones in the arms or legs. and an inte'rnal locus of control. External factors are the presence of
a The ~zunzberof old and new injuries. Although physical abuse can adults outside the abusive family who take a strong interest in the
isolated event, it more usually consists of a pattern of repeated assaul and parents who, despite being abusive, are able to offer some family
Multiple injuries in various stages of healing are not signs of an , an expectation of academic performance, and a home atmosphere
dent-prone child but of physical abuse.
the abuse is sporadic rather than a constant, pervasive element.
Research indicates that children who suffer abuse, including those
experience emotional deprivation, show delays in their physical growth a i;
mental development. It is also well established that social disadvantage ual abuse has been defined as '!any act occurring between people who
se can seriously damage the life chances of children. Sadly, for many soci at different developmental stages which is for the sexual gratification of
disadvantaged children, neglect or active abuse by their parents is just o person at the more advanced developmental stage' (Coulborn Faller,
more factor in a generally abusive environment (Kenward and Hevey, 198 8, p. 11). This definition includes sexual acts between children, pro-
However, it is also clear that good care and educational opportunities c d that the perpetrator and the victim are at different developmental
compensate for bad experience irrespective of the child's age. es. For example, an adolescent may abuse a younger child, or one child
The behavioural characteristics of physically abused and neglected abuse another of the same age who is mentally disadvantaged.
dren include: an impaired capacity to enjoy life (often sad, preoccupied o
listless); psychiatric or psychosomatic stress symptoms (such as bedwet
ting, bizarre behaviour, and eating problems); low self-esteem and feeling
of worthlessness; learning problems at school (for example, lack of conce ore looking at the consequences of child sexual abuse, it is worth con-
tration); withdrawal; opposition defiance; hypervigilance (an expression ring who is abused, or so-called 'risk factors'. It is clear that girls are
'frozen watchfulness'); compulsivity and pseudo-mature behaviour (a fa e likely to be sexuallyvictimised than boys although, as previously men-
appearance of independence or of always being excessively Igood' or the discrepancy is less than was once thought. Research by Russell
ing indiscriminate affection to all adults who show an interest) (Ke suggests that over half of all women are subject to some form of sex-
and Hevey, 1989). 1 abuse prior to reaching the age of 18. Although by no means all such
None of the behaviours listed above are exclusive to abused children; ses would require intervention from child-protection agencies, Russell
nor are they manifested by all those who suffer abuse. How children react lso found that around 16 per cent of women experience some form of
depends on a complex interplay between a number of factors: the child's cestuous abuse, two-thirds of which can be regarded as serious or very
personality, particular family circumstances and relationships, and the erious. Russell's work indicates that official incidence rates represent the
nature, severity and duration of the abuse inflicted. Whilst it appears that tip of the iceberg of child sexual abuse cases (Colton and Vanstone, 1996).
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Finkelhor (1986) and his associates discovered that the most corn nsequences of sexual abuse
Finkelhor (1984) has also explored the question of why some c
experience abuse while others do not. He reports that eight of the st
independent predictors of sexual victimisation among girls and
women are:
risk of sexual abuse for girls, particularly if the stepfather offers an
tion which the child did not receive from her natural father.
a Living in a si~zgle-parentfanzily. Children from single-parent fa
periods are at somewhat higher risk than other children.
Corby (1993) states that the links between sexual abuse and emotional
nd behavioural difficulties are even more problematic in relation to long-
m effects. This is partly because of the much greater length of time
d
ween the abuse and the observed behaviour problems, and also because
by mothers because they tend to have more contact with children.
ven so, research does indicate that women who have been sexuallyabused
ation to fear, anxiety, self-esteem, depression, and sexual satisfaction;
stance abuse, and depression.
e A punitive attitude with respect to sexual matters on the pae ofthe
tive with respect to sexual matters. esearch indicates that sexual abuse is likely to be most harmful in cases
Household with low income. As ecological theory tells us, an
ished environment increases the risk of all forms of abuse. Ho
it should be emphasised that abuse occurs at every socio-econo r the threat of it, and the response of the child's family to disclosure is
level. egative (for example, the child is not believed or is blamed for the abuse).
Having only hvo frie~zdsor less ilz childhood. Isolated children ten The age and sex of victims may also have an impact on the outcome, but
e nature of these relationships is not clear. Neither is it always clear
and affection. ether intervention by child protection agencies has a positive or negative
ect on the outcome for victims (Colton and Vanstone, 1996). Interven-
on possibilities may include removing the perpetrator from the home,
moving the child if the mother is unable or unwilling to prevent contin-
ed access to the child by the perpetrator, and criminal prosecution of the
grammes. erpetrator. All of these possibilities involve emotional trauma to the family
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and possibly financial deprivation as well if the perpetrator wa
breadwinner. Even if the child is not blamed for the situation,
-protection system
phase:
e Reduce the number of interviews and interviewers the child must
protection, the police, and the juvenile and criminal courts.
e Employ 'vertical prosecution' in which a single prosecutor is assig
the case through all stages of the proceedings.
tute for the child's testimony in some courts.
e Allow an emotionally supportive adult, such as a relative or
advocate, to accompany the child through all stages of the legal pr
It will also be helpful if the child, and the mother if she is supp
have been prepared for what will happen in court through particip
in a victim-witness programme.
e Allow children with limited vocabularies to use anatomically co
them.
e Expedite the legal process.
matic, but the alternative to intervention is that the abuse will
and therapeutic services will not be offered. Treatment progra
sexual-abuse victims and their non-offending parents (usually the mothe
vary widely with respect to both philosophy and structure. As previous
of institutionalised male power over women: programmes offered from this
from the family unit and focus on promoting healing and independ
in the victim, her mother and siblings. Conversely, systems the
may work towards reunification of the perpetrator with the family, ~rovid
grammes offer only group therapy for 2-3 hours a week over 10-14 wee1
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undertaken with the agency and worlung arrangements with staff in sarily become professionallyinvolved in every locally referred child-
agencies (Home Office et al., 1991). case, but will certainly have a role as coordinator of information
In the last five years there has been a radical rethinlung about the rol protection, and may well be involved in training and professional
child protection in promoting the welfare of children who are vulnerable ment concerning child abuse and child protection. The NHS Trusts
abuse, and this has been reflected in the way the government 11 should have specific professionals (doctor, nurse, midwife) with
responded to the themes from Child Protection: Messages froln Rese onsibility for child protection, referred to as 'named' professionals.
(Department of Health, 1995) by revising Working Together under rocess of handling individual cases is summarised in Table 5.1.
Ch.ildrenAct 1989 (Home Office et al., 1991) to produce Working Tog s to social services should normally have a decision made within
to Safeguard Children (Department of Health et al., 1999). The reason urs. That decision can be that no further action is necessary, or that
the production of the revised guidance was to develop a child-prote s should be provided by another agency, or that further action (e.g.,
service that was more integrated with services for children in need: in a1 assessment) is needed. Under normal circumstances, agencies refer-
words, to integrate protection with prevention. The main means to ac a family to social services should discuss the referral with the family first
this was the ~roductionof a unified framework for assessment (De ess seelung the family's agreement would place the child at increased
ment of Health et al., ZOOO), which is to be used both for children in Members of the public making referrals should be able to be assured
and for abused and neglected children. ersonal information about them will not be disclosed to anyone with-
Under the original guidance (Home Office et al., 1991), the stag consent. Referrers (both agency and members of the public) should
work with individual cases were described as referral and recogn ormation about what has happened in respect of the referral made,
immediate protection and planning the investigation; investigation an where the information is given to members of the public it must be done
tial assessment; child-protection conference and decision-making about manner respecting the confidentiality of the child and family.
need for registration; comprehensive assessment and planning; and im
mentation, review and, where appropriate, de-registration. Under the
e 5.1 Referrals to social services departments where there are child-welfare
f!
guidance, all referrals concerning the welfare of a child will begin by be
processed in the same way, but will have differential outcomes (and diffe ore assessmen
ent exit points from the ~rocess)depending upon how the information an (not later than (notlater than
assessments unfold. 7 working days) 35 working days)
The new guidance indicates that everybody who works with chi
should be aware of indicators that a child's welfare may be at risk. T * if child is in need,
should be mindful of this whether they are working directly with childre speaking to the child, a core assessment
with parents or caregivers (who may need help in promoting and safeg and family
ing the welfare of their children), or with family members, employe ion of services a obtaining information e if significant harm,
others who have contact with children. Professionals from specific from sources and other make inquiries under
lines should have articular arrangements for ensuring that those n or other agencies) professionals Section 47
have less contact with the child-~rotectionsystem are still sufficient initial assessment a is this a child in need?
knowledgeable to lmow what lands of issues should raise concerns, an (Section 17)
whom those concerns should be ~ a s s e dwhen they arise. a is there reasonablecause
All schools and colleges should have a designated member of staff to suspect that this child is
special knowledge and slulls in recognising abuse. The designated person suffering, or is likelyto
also have knowledge of the local child-protection procedures and lmow suffer, significant harm?
to do when concerns about a particular child or young person arise. Like (Section 47)
health services should have their own arrangements. Health authoriti e decisions should be
have a senior paediatrician and a senior nurse (with health visiting qua endorsed at managerial
tion) to act as 'designated senior professional'. This 'senior professional' level and recorded
Určeno pouze pro studijní účely
If it is decided that further assessment is necessaiy, then the new Fray d (Section 17) requiring a family-support response, or whether it is a
zvorlc for the Assesslnelzt of Children i n Need and their Favzilies (Departm ion involving actual or potential significant harm requiring a child-pro-
of Health et al., 2000) comes into play. The broad outline of the frame-w n response (Section 47 - see below).
is three major headings with six or seven subheadings under each headi e guidance draws on research (Cleaver et al., 1998) to emphasise pit-
1. Dimensionsof the child's developmentalneeds
that may occur during an initial assessment. These include: not giving
Health
gh weight to information from family, friends and neighbours; not giv-
enough attention to what children say, and how they look and behave;
Education
sing attention too narrowly on the most pressing or visible problem;
Emotional and behavioural development
Identity
precipitate action (based on media or senior management concerns);
g to check out the understanding of family members; basing conclu-
Family and social relationships
s on assumptions and pre-judgements; misinterpreting parental behav-
Social presentation
Self-care skills
ailing to redirect families to other services (when the risk of
ant harm is not established);reluctance of workers to assess the risk
2. Dimensions of parentingcapacity personal safety (or to ask for help when concerned); and lack of record-
Basic care .With so many potential pitfalls, it is indeed a wonder that an adequate
Ensuring safety 1assessment is ever achieved.
Emotional warmth here there is no concern about actual or potential significant harm,
Stimulation re may still be 'child in need' concerns, and the initial assessment
Guidance and boundaries ould proceed to a core assessment as a basis for the provision of family-
Stability pport services. Interestingly, the guidance discusses the role of Family
3. Family and environmentalfactors
up Conferences (normally appli~din contexts of child protection and/or
Family history and functioning
th offending) as a means of talung forward the work with families of
Wider family
Where there is a concern about actual or likely significant harm, then a
Housing
ection 47 inquiry' must be undertaken. Section 47 of the Act states:
Employment
Income Where a local authority (a) are informed that a child who lives, or is
Family's social integration found, in their area (i) is the subject of an emergency protection order;
Community resources or (ii) is in police protection; or (b)have reasonable cause to suspect that
Using the three dimensions (and the subheadings) the initial assessment
a child who lives, or is found, in their area is suffering, or is likely to suf-
should address the following three questions (Department of Health et al.,
fer significant harm, the authority shall make, or cause to be made, such
2000, p. 41):
enquiries as they consider necessary to enable them to decide whether
they should take any action to safeguard or promote the child's welfare.
o What are the needs of the child?
o Are the parents able to respond appropriately to the child's needs? Is the
Where there is rislc of immediate harm to the child, then an agency with
child being adequately safeguarded from significant harm, and are the
statutory powers (for example, police, NSPCC, social seivices) should act
parents able to promote the child's health and development?
without delay to ensure the child's immediate safety. Even under such cir-
o Is action required to safeguard and promote the child's welfare?
cumstances there should be a preliminary 'strategy discussion' between
the relevant agencies, but the guidance anticipates that sometimes even
This assessment should involve direct contact with the child and the family, this may not be possible, in which case such a discussion should tale place
the compilation of all available information about the child and the family, as soon as possible afterwards. There is a range of methods for securing
and information from other professionals. It is during this initial assessment a child's immediate safety. In recent years protection agencies have had
that a decision may be made about whether the situation concerns a child legal options requiring the removal of the perpetrator (under the Family
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152 An introduction to working with children
Law Act 1996) rather than removing the child. Other options can in ation, but the guidance is quite clear that such monitoring should not be
orders to keep a child where he or she is, thus preventing removal d as a means of avoiding or delayingmalung a difficult decision.
safe environment. Some of these options are discussed below in 'The n the second case, where there clearly was a risk of significant harm to
framework'. child, but that risk is not seen as continuing, it is possible for the agen-
The 'strategy discussion' (which may or may not be a meeting) s to decide not to convene a child-protection conference (because an
involve social services, police, a senior doctor (where a medical examinat er-agency plan is not seen as necessary). It is specifically in this provi-
may be needed), and other relevant agencies (and in particular the ag that we can see the attempt of the government, with caution, to intro-
malung the referral). The purpose of the strategy discussion is primari e the 'lighter touch' in child protection that seemed to be such a clear
plan how the inquiries should be handled (once it is established sage from the research summarised in 1995 (Department of Health,
inquiry should be begun, or continued). The agencies will deve 5). It is perhaps specifically this type of situation, in which harm had
immediate action plan to protect the child, and will decide on what n established, where agencies previously may have felt obliged to put
mation arising from the strategy discussion should be shared with the e child's name on the register.
ily. Information that is shared, and decisions that are reached about act However, the examples provided by the government in the present guid-
to be taken, should be recorded. ce (the abuser has left home, isolated instance of abuse by a stranger),
Where a core assessment is required as part of Section 47 inquiries, hen combined with the cautionary notes about the 'dangers of misplaced
the framework again provides the structure for ~ullingtogether all of the ofessional optimism' (p. 51), do not encourage agencies to dispense with
necessary information to enable decision-making. However, the timing child-protection conference. The guidance also requires that a decision
of the subsequent child-protection action (child protection conference) t to hold a conference be endorsed by 'a suitably qualified and desig-
means that the full core assessment will not be completed by the time of nated person within the social services department' (p. 51). Research into
the conference. It is at this very early stage that the child and family should e percentage of cases in which a conference is held and under what cir-
be prepared for participation in the inquiry process. Obstacles to their full mstances could be very illuminat$g.
participation (young age of child, communication difficulties, ethnicity)
should be addressed. The parents would normally be involved and their hild-protection conference
consent requested for an inquiry in relation to the child. There may, how-
ever, be some circumstances when such consent may not be sought, and the third case, where the risk of significant harm continues, there should
indeed some circumstances where the parent would not be informed about a child-protection conference. The purpose of the initial child-protec-
the inquiry, because to do so would place the child at greater risk. n conference (which should be held within 15 working days of the strat-
Videotaped interviews may be conducted as part of the inquiry process. meeting) is to bring together the information about the child's health,
There is now a legal presumption that children under the age of 17 years evelopment and functioning and the parent's (or carer's) capacity, assess
will give evidence through pre-recorded videotaped interviews (Youth and the likelihood of future significant harm, and decide on what action is
Criminal Justice Act 1999). needed, how that action will be undertaken, and what the objectives of that
Families should be provided with a written record of the outcome of a action are. Initial child-protection conferences are generally quite large,
Section 47 inquiry. There are basically three ~ossibleoutcomes: the con- and include professionals who have a contribution to male by virtue of
cerns are not substantiated; the concerns are substantiated, but the child is either their expertise or their knowledge of the family (or both). The person
not considered to be at co~zti?zzi:ingrisk of significant harm; or the concerns chairing the conference will be someone who does not have operational
are substantiated and the child is considered to be at continued risk of sig- line management for the case. A quorum for attendance is the social ser-
nificant harm. vices department plus at least two other agencies, although in exceptional
In the first case, it is important that the family be offered the opportunity circumstances a conference may proceed without this quorum.
of family-support services if the child is considered to be a child in need. It Over the last ten years there has been a gradual transition from parental
may be that the concerns about the risk of significant harm were not com- attendance being the exception to parental attendance being the norm -
pletely allayed by the inquiry, but there is insufficient evidence upon which though the transition has not been without difficulties (Cleaver and
to base any other decision. In such a case, agencies may want to monitor the Freeman, 1995; Thoburn et al., 1995). More recently, attention has been
Určeno pouze pro studijní účely
thin 10 working days); consider future assessments required; outline a
ild-protection plan (with a contingency plan); and ensure participants are
view conference. A date for the first review conference (no longer than
The key worker is the central coordinating link of the child-protection
ommunication, informing agencies of developments, and serving as a cen-
The need for an inter-agency plan has, in the past, been the criterion
ild's name on the register. The child-protection plan is an action plan
at indicates who will do what, by when, and why. The core assessment,
egun as part of the information for the child-protection conference, will
eed to be completed as part of the plan; it should be completed 42 (7+
35) worlung days from the beginnipg of the initial assessment. Where spe-
cialist assessments are required asJpartof the core assessment, the bringing
gether of the core assessment findings should not be delayed pending the
After the decision to register has been made, a review conference will be
or not to add the child's name to the child protection register: and, if the
tection conference, and thereafter review conferences should be no
decision is to register the child, then certain other actions need to be taken.
ger than six months apart. Review conferences, however, can be con-
However, these other actions - deciding whether to implement care pro-
ed earlier if there are concerns warranting an earlier review. The review
ceedings in respect of one or more of the children in the family, and decid- consider whether or not the child's name can be removed from the reg-
ing whether to prosecute the abuser - are not the business of the child
ster. There are three circumstances permitting this. First, if there is no
protection conference. The input of the conference may be influential in longer a risk to the child. Secondly, if the child has moved permanently to
making the decisions but the decisions themselves are made by the agency the area of another authority. Thirdly, if the child becomes 18, dies, or per-
concerned: social services and the police respectively. manently leaves the UK, then the name will be removed from the register.
An important principle of child protection is that the act of registration Government policy states that access to services should never be a reason
in itself confers no protection on the child; it is the concerted and coordi-
nated actions of the agencies that will serve to protect the child from future
harm. Therefore, if the conference decides that the risk is continuing, it
should do the following things: appoint a liey worker; identify a 'core group'
(professionals and family members who will work together to tale the plan
forward); decide how family and children are to be involved in the plan;
establish a timescale for core group meetings (the first one should be
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ale a care order or supervision order if the threshold conditions (see
an interim care or supervision order is made, the local authority must
First filter:initial decisionby duty socialworker whether to investi
Investigated (314 of referrals) the threshold conditions are not satisfied the court could, either on
Not investigated (114 of referrals) cation or on its own initiative, male any Section 8 order. There are
Second filter:decisionby managerwhether to c d conference such orders: residence order, contact order, prohibited steps order,
Conferenced (113 of cases investigated) specific issues order.
Not conferenced (213 of cases investigated) he orders are defined in the Act. A reside~zceorder is 'an order settling
Third filter:decisionby case conferencewhether to register
Registered (213 of cases conferenced)
Not registered (113 of cases conferenced)
As a result therefore of 100 referrals to the child-welfare services, only 16
would actually end up with their names on the child-protection register.
The results of this filtering process have been used as an argument to sug-
gest that too many children are being brought into the child-protection sys-
tem who perhaps need not be. If it is effective, the new guidance should
have an impact on that.
The legal framework
The Children Act heralded a shift towards the use of voluntary arrange- are order is the only means, apart from an emergency protection order,
ments rather than compulsory intervention in efforts to protect children. ereby a local authority acquires parental authority for a child. Unless dis-
Nevertheless, in cases where parental cooperation is not forthcoming or is charged, the order lasts until the child is 18.A care order can only be made
insufficient to protect the child, compulsory measures are still required. if the conditions contained in Section 31 are satisfied: that is, if the court
The powers to intervene, together with the statutory controls on those pow-
ers, are contained in Parts IV and V of the Children Act 1989 and include (a) that the child concerned is suffering, or is likely to suffer, significant
the following orders and provisions.
(b) that the harm, or likelihood of harm, is attributable to:
Court-ordered investigations
When a court becomes sufficiently concerned about a child who is before
it in connection with any family proceedings, the court may order the local
authority to investigate the child's circumstances under Section 37 of the
1989 Act. To ensure the child's protection while the investigation is pro-
ceeding, the court may also, at the same time, make an interim care or
supelvision order and appoint a guardian ad lite~~zfor the child. Whether
the order is sought through the court's own initiative or because of an appli-
cation by a local authority, under Section 31(2) of the Act, the court may
(i) the care given to the child, or likely to be given to him if the order
were not made, not being what it would be reasonable to expect a
parent to give him; or
(ii) the child being beyond parental control.
Courts are not permitted to add any conditions or requirements to a care
order, with the exception of the contact that a child in care may have with
parents and others under Section 34 of the Children Act 1989. Parents
whose children are in care retain the right to exercise any aspect of their
parental responsibility which is not in conflict with local authority decisions
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158 An introductionto working with children Protecting children 159
regarding the child's upbringing. Under Section 34(1), local authorities On the other hand, wide powers, immediately available, are obviously open
have a duty to allow reasonable contact between a child who is the subject to abuse. The broadly-framed and somewhat imprecise emergency provi-
of a care order and parents, guardians and others with parental responsi sions contained in previous legislation (Children and Young Persons Act
ity, or anyone who has had care of the child immediately before the or 1969) did allow discrepant and sometimes abusive social-work practice.
was made. This provision is a major reform since, prior to the Children Act As a result, the emergency provisions contained in Part V of the current
1989, parental access to children who were the subject of care orders was legislation (Children Act 1989) are detailed and specific.
entirely at the discretion of the local authority. Now, however, when a care The emergency protection order (EPO) is intended for use only in real
order is made, the court must satisfy itself as to the arrangements that will emergencies where the immediate protection of the child cannot be
be made for contact and must invite comment from any interested party. secured in any other way. It is intended to last for the minimum necessary
Any later variation of contact which is not agreed by the parents can e, and to be open to challenge at the earliest opportunity. Anyone (not
become the subject of an application to court (Ball, 1996). st a statutory agency) may apply for an EPO. Application is made to a
Once the application is made and the trial venue has been decided, a ourt or, with leave of the justices' clerk, to a single justice who is a mem-
guardian nd litem (GAL) will be appointed and a directions hearing will be er of the family proceedings panel. The order may be granted ex pnrte
arranged. The latter will usually be before a district judge at the care centre (without anyone who might oppose the application being either present or
or a justice's clerk at the family proceedings court (Ball, 1996).Parties will served notice). The grounds for an EPO are that
either be present or represented, and the GAL can advise the court on mat-
ters pertaining to the child's welfare. The over-arching aim of the directions there is reasonable cause to believe that the child is likely to suffer sig-
hearing is to avoid unnecessary delay prior to the matter coming to a final nificant harm if...he is not removed to accommodation provided by or
hearing for resolution. Thus, decisions are made about the parties to the on behalf of the applicant; or ...he does not remain in the place in
proceedings, the expected length and timetable of the final hearing, dead- which he is then being accommodated, or where enquiries are being
lines for witness statements and the report of the GAL, the commissioning made by a local authority, awone authorized by them, or by the
of expert medical reports, and so forth. NSPCC, and they are denied ac'cess to the child. (Section 44)
All reports and witnesses' statements must be exchanged in advance of
the final hearing. The court must give reasons for its decision. All parties An EPO may be made for up to eight days. After 72 hours, the child or
have a right of appeal. Before making an order the court must be satisfied anyone with parental responsibility may apply to a court for discharge of
that such a course would be better for the child than making no order at all. the order, provided that they were not served notice and were not present
when the order was made. An EPO:
Supervision order
(a) operates as a direction to any person who is in a position to do so to
A supervision order does not give the local authority parental responsibility comply with any request to produce the child to the applicant;
but puts the child under the supervision of a designated local authority or (b) authorises:
robaation officer for up to one year. The order may be discharged by the (i) the removal of the child at any time to accommodation provided
court at an earlier date or extended for up to a maximum of three years. It by or on behalf of the applicant and his being kept there; or
may contain directions that the child reside in a particular place or partici- (ii) the prevention of the child's removal from any hospital, or other
pate in particular activities or receive medical or psychiatric treatment. place, in which he was being accommodated immediately before
the making of the order; and
Emergencyprotection order
(c) gives the applicant parental responsibility for the child. (Section 44(4))
Emergencies present a dilemma in that wide powers, available without The court or justice making the EPO may add a direction requiring
delay, are needed to protect children in crisis situations. Someone must any other person to provide information about the child's whereabouts
have the authority to immediately insist that the child is removed from a (Section 48(1)). An EPO may be extended once for up to seven days.
dangerous lace, or remains in a safe lace if threatened with removal. It gives the local authority limited parental authority, which allows for
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ly be applied for in court, on notice, by a local authority or the NSPCC
ere there is reasonable cause to believe: that the child is suffering, or is
tion of reasonable contact between parents and child. However, th ely to suffer, significant harm; that an assessment of the child's health and
velopment are necessary; and that it is unlikely that a satisfactoiy assess-
tigation. Children who are old enough may refuse such treatment, alt ent will be made if a CAO is not made. However, if the court considers that
in extreme cases the High Court may override the child's refusal
1996). propriate only in those infrequent cases where a decisive step to obtain an
sessment is required and informal attempts to carry out an assessment have
een unsuccessful. In 1994 only 82 CAOs were made (Ball, 1996).
Policepowers Having looked at some of the orders which comprise compulsory inter-
ntion it is important to stress once again that compulsory intervention is
suffer significant harm, he or she may remove a child to suitable accom last resort and should be undertaken only when voluntary arrangements
dation or take reasonable steps to ensure that the child remain where h
she is. The constable must consider the child's wishes and feelings. However, research into child protection funded by the Department of
addition, the constable must inform the parents, the local authority an
designated police officer inquiring into the case. Police protection lasts for
a maximum of 72 hours, but during that ~ e r i o dthe designated officer may
apply for an EPO, which, if granted, begins on the day that the child was
taken into police protection (Section 44).
Under Section 48(9) of the 1989 Act, where it is clear that anyone often overlooked, with social workers instead focusing on a bureau-
attempting to exercise power under an EPO is being denied, or is likely to
be denied, entry to premises or access to the child, a court or a single jus-
tice may issue a warrant authorising a ~oliceconstable to exercise those
powers by force if necessary.
In addition, the police have the power to enter and search any premises
for the purpose of 'saving life and limb'. Where appropriate, the child could
then be taken into ~oliceprotection (Ball, 1996). uardian ad litem
Recoveryorder
The court may issue a recovery order under Section 50 of the 1989 Act
where a child who is (a) in care, or (b) the subject of an emergency protec-
tion order, or (c) in ~oliceprotection, has been removed or run away from
care, or is being kept away from any person who has care of them as a
result of that order. The order serves as a directive to ~roducethe child; it
also authorises the child's removal by any authorised person, and permits a
police constable to enter and search specified premises.
In cases where the child and the GAL hold differing views about the
child's need, a child of sufficient age and understanding may give his or her
Childassessment order own instructions to the solicitor. The child's solicitor then presents the
The 1989 Act introduced an entirely new order concerning the assessment of child's view to the court and the GAL presents his or her own view, with
a child's health and development. The child assessment order (CAO) can legal representation where required.
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Protecting children 163
The GAL'S role is to provide an independent assessment of the work of Given that virtually all the children involved remain at home, it makes
local authority social workers and to make recommendations to the co sense to involve the family in the child-protection process. However, the
which may or may not agree with those of the local authority. Given tha research evidence shows that professionals could do more to achieve a
is this same authority that pays the GAL'S fee, it is hardly surprising th partnership with parents and children. For example, many investigations
the independence of GALShas been questioned. The obvious remedy is take place without the parents' knowledge.
remove responsibility for managing the GAL service from local authorities
(Ball, 1996).At present, the GAL service faces the prospect of reorganisa-
tion and integration with the divorce court welfare service.
How effective is the child-protectionprocess?
The studies offer mixed findings with regard to the effectiveness of the
child-protection process. There is a wide range of services for children in
Messagesfrom research need. However, the authors of the oveiview state that: 'these should not be
deployed in a way that oveiwhelins clients or greatly circumscribes parental
A substantial body of reliable evidence on child protection and child abuse responsibility or autonomy' (Department of Health, 1995, p. 44). Distur-
has been established over recent years. Much of this research has direct bingly, it was found that between a quarter and a third of the children stud-
implications for policy and practice. Of particular importance are the 20 ied were re-abused after child-welfare intervention, although the incidence
studies summarised by the Dartington Social Research Unit and published of 'severe maltreatment' was low.
in an overview entitled Child Protection: Messages fronz Research (Depart-
ment of Health, 1995). Here, we will look very briefly at those parts of the
summary which shed light on the following key questions: What does the How can professionals bestprotectchildren?
child-protection process entail? How effective is it? How can professionals Families are traumatised by a suspicion of child abuse. heref fore, good
best protect children? professional practice is required t i alleviate the anxiety of parents and to
facilitate the cooperation necessary to protect the child. The studies iden-
The child-protectionprocess tify the following five pre-requisites of effective practice in protecting chil-
dren and promoting their welfare:
Around 160,000 children are subject to Section 47 inquiries each year.
Most of the families involved in the child-protection process are multiply 0 sensitive and informed professional/client relationships;
disadvantaged. Some 96 per cent of the children concerned remain at 0 an appropriate balance of power between participants;
home, while most of those who are removed are quicldy reunited with their a wide perspective on child protection (i.e., a perspective which views
families. cases as children in need in circu~~zstn~zceswhere there nzny be n protection
The purpose of child-protection inquiries is twofold: (a) to determine problenz);
whether child abuse has occurred; and (b) to determine whether the family effective supervision and training of social workers;
can benefit from support services. Unfortunately, however, inquiries usu- 0 seivices which enhance children's general quality of life.
ally turn into investigations, and the majority of families do not receive any
services that might justify the intrusion by professionals into their lives. The studies found that parents were often insufficiently informed and their
Undue emphasis is placed on decisions about whether to place the lack of participation (from the point of view of the social worker) frequently
child's name on the child protection register, or to remove the child's name, undermined relations between parents and social workers. Moreover, the
with insufficient attention given to supporting the child and family in the narrowness of the social-work approach to child abuse, which reflects poor
months following the case conference. training and supervision, meant that the wider needs of children and fami-
lies were overlooked.
Professionals are far less concerned with the way families are left when the Clients in the studies were adversely affected when professionals became
enquiry is complete and concerns subside than they are with the way chil- preoccupied with a specific event, ignored the wider context, made the
dren enter the protection process. (Department of Health, 1995,p. 39) wrong 'career avenue' choice for the child, and excluded the family from the
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Protecting children 165
inquiry. In the rare cases when appropriate attention was given to the 'se ase example 5.2 Jean and Paula M
ondaly adjustment' needs of children and their families, all benefited. ean M (3 years, 10 months)
Building on the existing strengths of a child's living situation is more ula M (2 years, 6 months)
likely to ensure effective prevention than the current approach in whic
'miracles' are expected from 'isolated and spasmodic interventions'. n and Paula are the children of Jane M (22) and Tom M (28).They live
Effective child protection also necessitates respect for family ri a private flat in the centre of a small city. Neither of them are from the
Further, basic child-care principles must be combined with specialist ea where they now live, having come here about four years ago, shortly
to safeguard the long-term welfare of children. ter the birth of Jean. All of their family relations are in the area the family
ve come from. They have not made many friends locally, tending to keep
ery much to themselves. Tom moved here because of relocation with his
In this chapter we have discussed various definitions of abuse and neglect, worlc, but shortly after, the firm went bankrupt, and all the workers were laid
the causes and consequences of different types of abuse, and the child- off. Tom has been unemployed ever since. There are no immediate pro-
protection system, (including the legal context). Let us now go on to explore spects for employment. The family are worried about finances because Jane
provisions for children who are being looked after by a local authority. is six months pregnant, but nevertheless Jane says that she and Tom are
loolung forward to another child. The health visitor is not sure that that is
Tom's view, a result of impressions gained from the one time she met him.
Because of the relocation, Jane and Tom have no family in the area, and
Case examples they have only formed friendships with two families near to them. Both of
Case example 5.1 Paula Hislop
Paula Hislop is the single parent of three children, Paul James (8),Melanie
James (5) and Jessica Thomas (2%).Jessica has a different father from Paul
and Melanie. Paul and Melanie's dad left when Melanie was one year old,
because he became involved with another woman. Jessica's dad had a very
violent temper and used to be violent towards Paula, until she left, taking
the children with her to a Women's A d Refuge. She was there for six
months before being rehoused into an area very far from her friends and
relations. Paul appears to be a very slow learner, and the school is worried
that he does not appear able to keep up with the other children. Jessica's
speech has been slow to develop and she is being referred for further inves-
tigation. Her hearing appears to be normal.
After she had been in the new home for three months, Paula's neighbours
became concerned because it appeared that at weekends she would go out
early in the evening, and not come home until very late, leaving the children
unattended. The matter has been referred to the social services.
these are families being worked with by social services because of parenting
difficulties. Tom has a fairly good relationship with his parents and brother,
although rarely gets to see them. Jane describes there being no love lost
between her and her mother, and dven less between her and her stepfather.
The health visitor visits the family fairly often because she is worried
about the development of the two girls, and also because she is concerned
about the condition of the home. Both children are extremely low in weight
and height; so low, that more than 97 per cent of children of their respec-
tive ages are taller and weigh more than they do (they are below the '3rd
centile' of development for height and weight). Jane says that both of the
children are difficult feeders, but that they do eat what is put before them.
Tom was present when the health visitor first expressed her concerns to
Jane and Tom. He reacted very angrily, saying 'Are you trying to say I'm
starving my lids?' He demanded that the health visitor leave. Nevertheless,
the health visitor has remained in contact with Jane and the two girls,
despite Jane being a poor attender at clinic.
The home is kept in a very unhygienic and untidy state. The floors are
sticky from grime and dirt. IGtchen refuse is piled in a corner of the
1. Should this case be treated as one where there are children in need, kitchen, not in a container. Dirty clothes are littered everywhere around the
requiring family-support services, or as a child-protection case? Why? house. There is often dog mess in the house caused by one of the two
2. Regardless of whether it is a family-support case or a child-protection Alsatians that the family keep; the dogs are rarely exercised. Dirty dishes
case, who needs to be involved and why? from meals are left lying around in various rooms of the house. There is no
3. When all professionals have been identified, consider 'How are these dining table per se, but the family eat in the sitting room, usually watching
different agencies to be coordinated to work together?" television. Generally there is an unpleasant smell within the house. There
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are few toys around the house or in the children's bedroom, and tho
are there are not age appropriate, being more suitable for older childr
On two occasions neighbours have complained to the local aut
because of concern that the conditions might be the cause of an inc
occurrence of rats in the vicinity. An officer from the local authority
and confirmed that the conditions could be an attraction to rats. A speci
of recommendations/requirements was drawn up, and the family oblige
but the improvement on both occasions was short lived, before rela
into the same conditions as before.
As regards the children's eating pattern, Jean says that she gives
their meals at set times of the day, and has described in detail to the
visitor the content of meals. The health visitor feels that if the child
were actually eating everything that was described by their mother, th
they would be growing better. Both Mr and Mrs M are on the slightly sto
side, but not so much that one would describe them as obese.
Paula is an active, inquiring toddler, who seems to be developing n
mally apart from the lack of weight and height gain. She is very comfortable
around people, and indeed will go to be picked up by nearly anyone who
comes to the door of the home. Jean spends two mornings a week at p
group. Unlike her sister, she is more reserved in temperament. The p
group supervisor has observed that she is a bit behind in some things that
the other children can do easily (colour and shape recognition, counting,
etc.), but when given individual attention, can usually learn fairly rapi
She loves being told stories. The supervisor has observed that she comes
playgroup in dirty clothes, has an unpleasant odour, and is always asking f
food, even when she first arrives at the playgroup.
Jane and Tom have a fairly good relationship with each other, although
Jane does say that Tom will go off, often for a few days at a time, without
her knowing where he has gone. She tends to look up to him. Tom has
never been married before, but a long-term relationship ended just prior to
his meeting Jane.
The health visitor has discussed the case with the consultant paediatri-
cian, because of the low height and weight gain, and because of concern
about how the family will cope when the new baby arrives. They have
decided to make a referral to social services.
e Consider what will happen next in accordance with the new government 1
guidance.
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