CHILDREN LOOKED AFTER BY LOCAL AUTHORITIES
Health of Children Looked After
247. Local authorities have duties to ensure that
the welfare of children looked after is properly safeguarded as
regards their health, education and general quality of life. They
are required to act "as good parents".[263]
The Children's Act regulations make clear that "health care
implies a positive approach to the child's health and should be
taken to include general surveillance and care for health and
developmental process as well as treatment for illness and accidents".[264]
248. SSDs have the following statutory duties in
respect of looked-after children's health:
(1) to ensure that arrangements
are made for a child to be examined by a registered medical practitioner
when drawing up a care plan;
(2) to require a medical practitioner to make
a written assessment of the child's health and needs for health
care;
(3) to ensure that, during the placement, arrangements
are made to provide the child with health and dental care; and
(4) to ensure that a written report is provided
on the child's health once every six months before the child's
second birthday, and once every 12 months thereafter.
A child of "sufficient understanding" is
entitled to refuse to submit to a medical examination.[265]
249. Regulations provide that the Foster Placement
Agreement which has to be made for every fostered child should
contain information about the child's health history. The DoH
describe the Agreement as "an important opportunity for sharing
information about a child's health and health care needs when
potentially serious problems such as allergies, asthma, etc. are
increasing among the child population".[266]
250. The equivalent regulations governing residential
homes require that homes should offer programmes of health education
and health care. Children must be registered with a GP and with
a general dental practitioner, and should receive any necessary
immunisation and medical or dental attention. A health record
must be kept in the home in respect of each child. This should
build on earlier records (and where these are not available, efforts
should be made to obtain them), should be kept up-to-date, and
should be made available to whoever is to have subsequent care
of the child.[267]
251. The Government's 1996 guidance on mandatory
Children's Service Plans emphasised the need for inter-agency
co-operation on matters relating to the health of looked-after
children:
"social services departments, health and education
authorities and the probation service need to work together if
local authorities are to fulfil their role as 'good parents' to
these children. This role includes looking after their health,
including sexual health."[268]
252. Despite this array of statutory requirements,
actual health outcomes for looked-after children are poor.
Research commissioned by the DoH found that many looked-after
children had undiagnosed chronic health conditions, including
poor and uncorrected eyesight, significant weight problems and
glue ear. It also found evidence of uncompleted immunisation programmes
and courses of treatment.[269]
253. Mental health is a particular problem. Research
in Hampshire found that young people in care are four times more
likely to have a psychiatric disorder than others, with a rate
of disorder of 67% amongst young people in both foster and residential
accommodation, compared to one of 15% amongst their counterparts
in the general population. 23% of those in care had a major depressive
illness compared to 4% of children in the general population.
A significant number of adolescents looked-after were found to
be suffering from serious psychiatric disorders which had previously
been undetected.[270]
254. BASW told us that the quality of psychiatric
services for children in care had declined. They claimed that
in the past there had been many local examples of multi-disciplinary
services bringing together teams comprising a child psychiatrist,
psychologist, child psychotherapist and social workers, but that
"employing agencies have progressively withdrawn staff from
these services". BASW asserted that collaborative arrangements
between children's homes and health authorities used to result
in easy access to child psychiatrists and other relevant health
professionals, whereas the general pattern now was for such services
to be only accessible for individual children, through GP referrals,
often entailing long delays and an uncertain response.[271]
255. The joint submission from ACC and AMA also drew
attention to a general lack of availability of psychiatric and
psychological services.[272]
The NCB told us that their research had found that waiting lists
for psychiatrists could be so long (over two years) that children
could leave care before they were assessed.[273]
During our visits to children's homes, we received much anecdotal
evidence about lack of psychiatric provision for severely disturbed
youngsters. Our overall findings on this subject are consistent
with the findings of our predecessors, in their report on child
and adolescent mental health services (CAMHS) for the general
population, that provision of CAMHS "is inadequate both in
quality and in geographical spread", with specialist services
particularly difficult to access.[274]
The Parliamentary Under-Secretary, Mr Boateng, told us that he
accepted that "child and adolescent psychiatry has not had
the attention it deserves across the Department of Health".[275]
256. Research suggests that such health education
and sexual education as is given to looked-after children is ineffective.
A survey by a national drug and alcohol agency has found that
44% of their clients had been in care at some point in their lives,
and over a third of these reported that they had started using
drugs while being looked after.[276]
At least one in seven young women leaving care are pregnant or
have already had a baby.[277]
The NCB commented that what is needed is not only sexual education
but wider education in how to conduct relationships.[278]
257. DoH-sponsored research has found poor health
supervision of looked-after children, even though such supervision
is required by regulations. There is poor inter-agency co-operation
between health and social services and difficulties with record-keeping.[279]
The NCB commented that residential home staff are rarely trained
in the health need of children, reflecting their overall lack
of training. They also found that staff skills in health promotion
were particularly poorly developed, and recommended that all relevant
training courses should include training in health care, child
development and accessing health services.[280]
258. The Who Cares? Trust carried out a major consultation
process in 1995-96 with young people in care. They found that
young people expressed concern that they lacked:
(1) basic health care
information on healthy eating, eating disorders and keeping fit;
(2) access to confidential information and guidance
on contraception, sexual health and drugs; and
(3) contact with trusted adults with whom to
discuss personal health matters, and stress, loneliness and depression.
The young people expressed particular anxiety about
confidentiality, in many cases saying that they did not trust
their doctors to keep what they said or requested as confidential.[281]
The NCB told us they had experience of "some
alarming breaches of confidentiality in relation to healthone
girl's gonorrhoea was recorded in the daily log, for instance".[282]
259. We were told that some older children dislike
the practice of compulsory six-monthly medical inspections, either
regarding them as too perfunctory to serve much useful purpose,[283]
or resenting them as an invasion of personal privacy to which
children not in care are not subjected.[284]
The requirement to conduct such examinations at every change of
placement means that some young people have to undergo them very
frequently.[285]
260. Looked-after children who are disabled encounter
particular problems. Recent research commissioned by the Who Cares?
Trust found there was a 'mindset' within SSDs which treated disabled
children and looked-after children as though these were completely
separate categories. Some disabled children were spending time
away from home in short-term placements without any knowledge
or involvement of the social services, and some on long-term placements
were not being accorded the protection of the Children Act. There
was little evidence of disabled children's "wishes and feelings"
about their placements being "ascertained" (as required
by the Act), and reviews of placements were overdue in a significant
number of cases. There was a lack of information about disabled
children receiving short- and long-term care away from home, about
the services they were receiving and whether the services met
their needs.[286]
261. The Council for Disabled Children confirmed
to us that there are currently no reliable statistics for children
with disabilities living away from home. They said that in recent
years there had been an encouraging increase in the number of
disabled children being fostered or adopted rather than looked
after in residential care; however, they added that many such
children experienced multiple failures in placements. They said
there was anecdotal evidence that many disabled children "slide"
into long-term care, having been multiple users of short-term
care provision through the NHS, social services, or residential
education. The Council strongly endorsed the use of Children's
Service Plans to integrate community and residential provision,
and said they wished to see disabled children who are looked after
having their needs met within comprehensive local authority children's
services, but with recognition that such children may require
additional support.[287]
262. The RNIB submitted detailed evidence about the
needs of visually impaired children within the care system. Such
children need greater support in many ways, including provision
of information about their personal histories and their rights,
assistance in participating in recreation and leisure activities,
and special precautions against abuse.[288]
263. The key factors in producing poor health outcomes
for looked-after children appear to be as follows. Before entering
care, children may have suffered serious neglect of their health,
through poverty, poor housing and diet, and bad or inconsistent
parenting. Absence or exclusion from school may have led to missed
hearing and eye tests and other medical examinations.[289]
Once they have entered care, these problems are compounded by
frequent moves between placements, combined with poor record-keeping
and transmission of records, over-reliance on formal medical examinations,
lack of health education and confidential advice, and failures
of co-operation between social services and the NHS. Overhanging
all these is the absence of direct parental care. Parents will
normally be intimately acquainted with a child's medical history,
and are more likely than professionals to detect signs of illness
or ill health at an early stage. The current system of public
care leaves it unclear exactly who has responsibility for an individual
child's health and health education needs.[290]
264. The Social Services Committee in its 1984 report
recommended that "as a minimum requirement there should be
a named medical adviser generally responsible for the oversight
of the physical and mental health of children in care.[291]
In its reply, the then Government made no undertaking to implement
this recommendation.[292]
In our inquiry, the RCN suggested that
"in completing a health plan for children in
their care, local authorities should identify a named nurse for
each residential home. It may be appropriate for this named person
to be the school nurse whose catchment area includes the schools
local to the residential home. A named nurse would help ensure
that health needs are met, and may act as an advocate for vulnerable
children."[293]
HEALTH
OF
CHILDREN
LOOKED
AFTER:
CONCLUSIONS
265. The failure of local authorities to secure good
health outcomes for the children and young people they look after
is a failure of corporate parenting. The first instinct of a normal,
caring parent is to secure the health and physical well-being
of their child. We note that the DoH has acknowledged, in evidence
submitted to us both before and after the General Election, that
the health needs of looked-after children are at present neglected.
The DoH therefore cannot deny its responsibility to set action
in train to tackle this problem.
266. There are serious weaknesses in the current
system of passing on information as to a child's medical history.
We recommend that the potential of the Looking After Children
records should be exploited as a means of ensuring continuity
and focus in children's medical treatment. The obligatory
medical examinations should be conducted within a framework set
by the LAC materials. A foster carer or social worker familiar
with those materials should always be present when the child attends
for the medical examination, provided that the child consents
to their presence.
267. Greater sensitivity needs to be shown towards
children by the healthcare professionals who treat them. In
particular, it must be recognised that transactions between children
and doctors should normally be regarded as confidential. Children's
views on the quality of the health care they receive should be
taken into account, wherever possible through formal mechanisms
such as children's forums.
268. Health education for looked-after children
is at present regarded as a comparatively low priority. This is
a very short-sighted attitude, given the problems caused for society
as well as individuals by bad diet, obesity, drug abuse and under-age
pregnancies. The statutory responsibility of local authorities
to promote health education is clear, but as in so many other
areas, there is currently no way of systematically monitoring
the extent to which authorities carry out this duty, or of enforcing
the duty on those authorities who neglect it. Voluntary bodies
do valuable work, publishing material such as the Who Cares? Trust's
Who Cares About Health?, a booklet published in 1996 and
aimed at giving young people readily accessible information about
food, exercise, drugs, sexual health and so on[294]but
the resources of such bodies do not allow them to provide a comprehensive
service. We recommend that the DoH should report to us with
proposals for ensuring that appropriate health education is provided
to young people in the care system.
269. There is considerable evidence that the mental
health of looked-after children and young people is particularly
neglected, and that specialist services are increasingly difficult
to access. Here also, preventive measures and timely appropriate
treatment at a specialist level may do much to minimise personal
unhappiness and problems for society in future years. This is
one of the areas we are investigating as part of our ongoing inquiry
into the relationship between health and social services. We
believe that the current arrangements for providing psychiatric
and other specialist services to children in care are grossly
inadequate. It is a disgrace that children should have to wait
as long as two years before even being assessed for treatment.
We recommend that the DoH should investigate how more effective
links can be created between SSDs and local health services, to
ensure that the former can speedily access expert medical attention,
including psychiatric care and guidance on sexual health, for
the children in their care.
270. A further area where greater liaison between
health and social services is called for is in relation to looked-after
children who are disabled. Their needs should be born in mind
in Children's Service Plans. It is unsatisfactory that no reliable
statistics on such children are available; the DoH should take
steps to acquire such information when it gathers data on the
care system from local authorities.
271. We agree with the Social Services Committee's
conclusion of 14 years ago that a named medical adviser should
be responsible for the oversight of the physical and mental health
of each child in care. We believe that the Government should accept
this principle, and should consult widely on the best way of implementing
it, considering options such as the RCN proposal that each residential
home should have a named nurse with responsibility for such oversight,
or that each home should be required to have a formal link with
the local primary care team.
272. Recommendations elsewhere in this report, if
implemented, will help to improve the overall health status of
looked-after children. In particular, trusted adult friends[295]
will have an important part to play in educating children about
healthy living and lifestyle choices; and an increase in the number
of looked-after children attending mainstream education will result
in wider dissemination of the benefits of school-based health
surveillance and education.[296]
In addition to the recommendations we make above about training
of residential staff,[297]
we wish to endorse the call by the National Children's Bureau
for NVQs, DipSW and in-service training to include training in
health care, child development and means of accessing health services.
263 Ev p 124. Back
264 Ev
p 120. Back
265 Ibid. Back
266 Ev
p 121. Back
267 Ibid. Back
268 DoH,
Children's Service Planning: Guidance, LAC (96)10, quoted
in CLA 21, p 2. Back
269 Ev
p 352 (Appendix 6); see also Ev p 396 (Appendix 20). Back
270 Ibid. Back
271 Ev
p 93. Back
272 Ev
p 7. Back
273 Ev
p 381 (Appendix 13). Back
274 HC(1996-97)
26-I, paras 102, 117, 121. Back
275 Q924. Back
276 Ev
p 353 (Appendix 6). Back
277 Ev
p 44. Back
278 Ev
p 382 (Appendix 13). Back
279 CLA
14C, Annex B, p 2; BAFF paper on Model Business Plan for the
Medical Aspects of Adoption and Planning for Children Looked After
by Local Authorities, 1995 (not printed) Back
280 Ev
p 381 (Appendix 13). Back
281 Ev
p 40. Back
282 Ev
p 381 (Appendix 13). Back
283 Ev
p 76; Q796. Back
284 Ev
p 93. Back
285 Ibid. Back
286 Jenny
Morris, Still Missing? Volume 1: The Experiences of Disabled
Children and Young People Living Away from their Families
and Still Missing? Volume 2: Disabled Children and the Children
Act (Who Cares? Trust, 1998). Back
287 Ev
p 385 (Appendix 15). Back
288 Ev
pp 342-343 (Appendix 4). Back
289 Ev
p 40; Ev p 379 (Appendix 13). Back
290 Ev
pp 40, 92. Back
291 HC(1983-84)
360-I, para 333. Back
292 Cmnd
9298, p 32. Back
293 CLA
51, p 3. Back
294 Ev
p 8. Back
295 See
para 220 above. Back
296 See
para 290 below. Back
297 See
para 195 above. Back
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