Chapter 4: Speeding Up Adoption For
The Benefit Of The Child
41. The Government's Action Plan for Adoption
said that "delays in the adoption system cause lasting harm
for vulnerable children, and may rob them of their best chance
of the love and stability of a new family."[37]
Delay in adoption services was one of the key concerns emerging
from the evidence we received. This chapter considers the impact
of delay on children, and the sources of delay in a child's journey
from being removed from their birth family to moving in with an
adoptive family.
BOX 3
How the adoption process works
The journey from social services receiving notification
of potential harm to a child to an adoption order and a new life
with an adoptive family is a long and complicated one. On average,
a period of two years and seven months elapses between a child
being taken into care and being placed with an adoptive family.[38]
A number of different organisations are involved, including the
local authority, the courts, the Children and Family Court Advisory
and Support Service (CAFCASS) and, sometimes, voluntary adoption
agencies.
Having initiated proceedings to take a child into
care, the local authority will produce a care plan. An interim
care order is usually secured first; this places the child in
care on a temporary basis, whilst the family is assessed and until
the court can make a final decision about what is best for the
child. A CAFCASS guardian is appointed to represent the child
in any court proceedings.
By the time a final care order is secured, the local
authority should already have considered a future plan for the
child, which sets out the best means of achieving 'permanence',
via a long-term, stable placement. If adoption is to be the preferred
route for a child, a placement order is usually secured soon after
the care order is granted. A placement order allows the local
authority to place a child with a potential adoptive family; it
also allows the local authority to conduct a search for such a
family outside the potentially limited stock of adopters within
its own administrative boundary.
The process of looking for an adoptive family is
usually known as 'matching'. When a potential match is identified,
the local authority must convene an adoption panel, which recommends
whether the match should proceed. The 'agency decision-maker'a
designated person within the local authoritymakes the ultimate
decision as to whether to approve the placement.
Once placed with an adoptive family, it is up to
the adopters to decide whether to proceed with an adoption order.
This is the final step in the process, which severs existing links
with the birth family and creates a new family. The adopters must
wait at least 10 weeks, post placement, before applying for an
adoption order.
Impact of delay
42. The reason for the concern over delay in
getting children into adoptive placements is the "unequivocal
evidence about the importance of early relationships".[39]
The effects of emotional abuse and neglect are understood to be
cumulative, pervasive and far-reaching. These effects can be particularly
severe in very young children, because it can prevent them from
developing the ability to form an attachment with an adult care
giver, to trust others, and to develop a sense of self-worth.[40]
43. This disruption of early relationships in
infancy has a significant effect on a child's later development,
with increased vulnerability to a range of psychological, emotional
and physical health problems throughout the child's lifespan.
Recent research has shown that both structural and functional
abnormalities are detected in the brains of children who have
experienced neglect, and this is thought to be an adaptation in
response to the extreme stress of maltreatment, which enables
the child to cope to some degree with the parenting environment.[41]
44. However, there is evidence that some of the
effects of neglect can be modified if the child's care-taking
environment improves. [42]
The NSPCC supported that finding, saying that "a maltreated
child can make a remarkable and really rapid recovery, if they
do get the right care."[43]
45. The damage that is done to a child's development
through early mistreatment or neglect can be exacerbated further
by frequent moves between temporary care placements. We referred
to the risk of harm caused by moving a child from one foster placement
to another in our earlier report Adoption: Pre-Legislative
Scrutiny[44], with
one study finding that "instability in care often leads to
a downward spiral: worsening emotional and behavioural difficulties,
further instability, poor educational results, unemployment and
a lifetime of poverty."[45]
Barnardo's underlined this point by arguing that "stability
needs to be seen as a safeguarding issue."[46]
The importance of timeliness in decision-making, and of respecting
the child's need for stability and permanence, especially in the
very early years of a child's life, were raised again and again
by witnesses[47].
46. In light of the latest research about
the impact of abuse and neglect on a child's physical, emotional,
intellectual development and wellbeing, it is imperative to enable
all children for whom adoption is the plan to join their new families
as soon as possible. We note especially the very significant and
sometimes life-long impact which abuse and neglect has on the
very young. We recommend that Directors of Children's Services
should ensure that social workers in safeguarding and adoption
teams are kept aware of relevant research findings as part of
their continuing professional development.
47. We commend the Government's aim to reduce
delay in placing children with their new adoptive families and
to minimise the risk of harm caused by moving children between
foster placements.
Delays caused by care proceedings
48. The length of care proceedings was cited
by many of our witnesses as a significant source of delay in adoption.[48]
The Family Justice Review found that care proceedings took on
average over 60 weeks, "an age in the life of a child."[49]
The latest judicial statistics for September to December 2012
show an average of 47.7 weeks.[50]
This is a marked improvement but still constitutes a significant
delay, especially since the use of averages conceals the fact
that in some cases proceedings will take much longer, as our evidence
indicated.[51]
49. The judiciary, while accepting the need for
reform, pointed to the steep increase in the number of care applications
made since the death of baby Peter Connelly: from 20,000 per year
in 2008 to 30,000 in 2012.[52]
Additional resources had been allocated to the Family Division
to deal with the rise in applications; Mr Justice Ryder told
us 8,000 additional judicial sitting days had been scheduled.[53]
50. The findings of the Family Justice Review
were unequivocal about the current system: "a system that
is not a system, characterised by mutual distrust and a lack of
leadership...The consequence for children is unconscionable delay."[54]
The evidence we received supports those conclusionsmutual
distrust between local authorities and the courts, the poor quality
of reports submitted by social workers, and the consequent over-reliance
by the courts on expert witnesses; were all cited as causes of
delay.[55]
51. The Government has accepted the majority
of the recommendations of the Family Justice Review and brought
forward legislation to implement them. The Children and Families
Bill makes provision for limiting the use of expert evidence by
introducing an additional test; introduces a twenty-six week time
limit in care proceedings; and limits judicial scrutiny of care
plans. We do not propose to comment in detail on the clauses dealing
with care proceedings.[56]
52. The shortening of time-scales for care proceedings
is to be welcomed but it will place a greater burden on the quality
of assessments presented to the courts by the social workers which,
the evidence suggests, are routinely not of sufficient quality
to allow the court to rely on them in forming a judgment: "If
rigorous, analytic and patently trustworthy local authority assessments
were consistently available to the courts at the start of cases
court timescales would be significantly reduced..[but] too often
the initial work is not found to be of sufficient quality and
has to be redone."[57]
The problem is wide-spread: "about 40% of cases are still
being brought to the courts for applications for care orders with
no up-to-date core assessment of the child and his family. Therefore,
a great deal of the work has to be done within the proceedings."[58]
53. The quality of the reports presented to court
is crucial in delivering the desired reduction in delay, and this
depends of course on the quality of work that takes place pre-proceedings.
This view was supported by the House of Commons Justice Committee
in their report on the draft Children and Families Bill: "all
our witnesses agreed that accurate, comprehensive and detailed
pre-proceedings work was vital to reducing delay with the care
proceedings process."[59]
Unfortunately, our evidence indicated that in many cases social
workers were not able to meet this challenge.[60]
54. There is evidence that concerted effort in
pre-proceedings work can lead to an improvement in quality, which
then translates into a reduction in delay during the care proceedings.
Mr Justice Ryder referred to the success of the Tri-Borough
Project in London in completing the majority of their care proceedings
in under 26 weeks as a result of improved "quality assurance
of the evidential material"[61]
presented by social workers; this quality assurance had involved
managers and consultants who had been brought in specifically
to achieve this.[62]
55. We welcome the Government's plans to reduce
the time taken by care proceedings but we are deeply concerned
that achieving the Government's new time limit of 26 weeks will
depend heavily on the quality of assessments submitted by social
workers. Poor quality assessments may need to be repeated and
can lead to an over-reliance on outside experts, increasing delay
for the child. Unless the quality of social worker assessments
is urgently and comprehensively addressed there is little hope
of the new time limit being met. This has resource implications
both centrally and locally.
Delays in bringing children into
care
56. Another significant source of delay in adoption
was identified as delay in bringing children into care. Much of
the evidence suggested that many children "remain in abusive
situations for far too long."[63]
There were many factors contributing to this: "lack of evidence
to bring proceedings, parents going missing, social workers being
too optimistic about parental capacity to change, and lack of
understanding about the serious impact on children's development
of neglect."[64]
This was supported by the fact that "the great majority of
children who come into care proceedings have been "known"
to the local authority for a very long time."[65]
57. We were told that much of the recent increase
in care applications following the death of baby Peter Connelly
involved cases of neglect, rather than abuse.[66]
Lord Justice McFarlane explained that such cases were "much
harder for the courts to digest because there will be reams of
paperwork, none of them having single points that will decide
the case but all a picture of neglect and poor parenting."
[67] The difficulty in
assessing and providing sufficient evidence of neglect was also
cited as a cause of delay in taking children into care by BASW[68]
and the NSPCC.[69]
58. Over-estimating parental capacity to change
"where there is considerable evidence that the birth parents
will not be able to achieve the progress necessary, and within
a realistic timeframe"[70]
was cited by many witnesses as being at the root of much of the
delay in bringing children into care.[71]
In some cases, we were told, decisions to delay entry into care
were compounded by a failure to provide targeted and properly
resourced early intervention to tackle the family's problems.[72]
59. The timeliness of decision-making about
whether or not to remove a child from home is crucial. This is
especially the case for the very young. Where there is no capacity
for parental change robust decision-making is needed to ensure
that other permanency options, including adoption, are pursued.
60. Decisions to delay entry into care need
to be accompanied by targeted intervention to address a family's
problems, with a timetable for review which takes into account
the child's need for stability.
Early intervention
61. The benefit of early intervention in families
experiencing difficulties, in order to enable them to raise their
children safely at home, was raised by many witnesses: "There
is no doubt that intensive support at the earliest possible point
is necessary if we are going to deal with the issues that these
families have. That is the point at which we should be investing
considerably more in the way of resources."[73]
Where there is capacity for parental change early intervention
"can enable children to remain within their birth families."[74]
62. The Family Nurse Partnership programme is
funded by the Department of Health, and offers intensive and structured
home visiting, delivered by specially trained nurses, from early
pregnancy until the child is two.[75]
The programme was developed in the United States (where it is
known as the Nurse Family Partnership). Although only established
in England from 2007, three decades of experience in the United
States have demonstrated significant improvements in outcomes
for children, including language development, school readiness
and academic achievement, as well as improved parenting behaviour
and reductions in abuse and neglect.[76]
63. The work of the Family Drug and Alcohol Court
(FDAC), currently being piloted at the Inner London Family Proceedings
Court in Wells Street, was praised for its proactive and interventionist
approach in cases where parental substance misuse was a key reason
for the local authority to bring proceedings.[77]
An evaluation of FDAC's cases during its first 18 months was conducted
by Brunel University. The rate of return to the birth family was
found to be higher than in conventional proceedings. In addition,
fewer of the cases became contested hearings and in those cases
where parents could not control their substance misuse, children
were placed in a permanent alternative family sooner.[78]
64. Professor Thoburn suggested that intensive
services to address parental problems can lead to speedier outcomes
in general, whether it is for rehabilitation with the birth family
or for adoption.[79]
Professor Eileen Munro, of the Department of Social Policy
at the London School of Economics, supported that analysis: "with
good practice and trying to help families you can reach a quicker
decision about whether they can use help, whereas if you are not
actively trying to engage them in change, then you cannot work
out whether they can change or not."[80]
65. One of the benefits of intensive work to
address parental problems was that it reduced significantly the
likelihood of more children being born to families that were not
able to parent them safely, and subsequently being taken into
care.[81] This was supported
by evidence from the NSPCC, who were piloting a support programme
adapted from the United States, entitled the New Orleans Intervention
Model. The programme works intensively with the birth family while
the child is placed with foster carers who may go on to adopt
the child if a return to the birth parents is not possible. Outcomes
from the United States demonstrated that "even when the birth
family did not get [their] child home, when they had subsequent
children those subsequent siblings were less likely to be abused."[82]
66. Given the important preventative benefits
of early intensive work with birth parents, we were disappointed
to see that additional funding provided to local authorities in
the form of the Adoption Reform Grant was resourced from the £150
million taken away from the Early Intervention Grant, which the
Secretary of State for Communities and Local Government confirmed
in announcing the local government settlement for 2013-14.[83]
67. Where there is parental capacity to change,
the arguments in favour of early and intensive intervention to
address the parents' problems are compelling: enabling children
to live safely within their birth families reduces the number
of children in care and the numbers waiting for an alternative
permanent placement. We are concerned therefore, that adoption
reform is being funded by taking money from the Early Intervention
Grant. We urge the Government not to undermine further the importance
of preventative programmes by focusing on adoption at the expense
of early intervention.
68. There is of course a tension between the
time spent on intensive intervention to enable parents to address
their problems on the one hand, and the impact of delay on the
child on the other hand, especially in light of the latest research
on brain development and a child's need for stability and security:
"We cannot ignore the growing body of knowledge
about the impact of early life trauma on children and therefore
we support early intervention with support for families to determine
whether they can parent children, that safely meets their needs
and in the child's timeframe. Where this is not the case, there
needs to be robust decision making that recognises the benefits
adoption can bring to children."[84]
69. So while there was support for early intervention
in families to address problems, this should not be delivered
at the expense of the child's best interests: Adoption Focus urged
those working with children to "accept that small children
cannot wait forever for their parents to change."[85]
70. In order to balance the needs of the parents
and of the child, therefore, early intervention needed to be targeted
at those parents with the greatest capacity for change. Judge
Crichton identified "young, drug-addicted mums, who are perhaps
on their first or second pregnancy" as the cases for which
there was a real chance of change in the FDAC programme.[86]
Working with young mothers during the last months of pregnancy
was considered an important target because it enabled changes
to be made before the child was born, effectively "stealing
time for the child."[87]
71. A balance needs to be struck between giving
parents time to address their problems and respecting the child's
need for a secure and loving attachment. Robust assessment of
parental capacity to change, by social workers and their managers,
is essential to ensure that early intervention programmes are
appropriately targeted. It is imperative to ensure that a child's
need for secure attachment, especially when very young, is not
compromised by prolonged attempts to rehabilitate the family.
Delays after entering care
72. The removal of a child from home, however
neglectful or abusive, will have a traumatic effect on the child.
On entering care what children need is "the best, most skilled
but most committed and nurturing care from the day that they leave
their family. What actually happens is that all too often they
get temporary foster care, while we think about what to do next
and formulate a plan."[88]
73. In order for the harmful effects of abuse
or neglect to begin to be addressed, a decision about a child's
future needs to be taken as soon as possible after entering care,
and with a view to minimising the number of care placements that
are experienced. However, it appears that "there has been
too much focus on finding a 'placement' rather than in focusing
on permanency for a child."[89]
In our earlier report we recommended a review of the current Statutory
Guidance on Adoption to emphasise the need to begin formulating
permanency plans at the first statutory review, one month after
entry into care, and that the second review, at four months after
entry into care, should be the very latest point at which a decision
on permanency is made.
74. We reiterate the support we gave in our
previous report for early decision-making after children enter
care, and for permanency planning to be prioritised one month
after entry into care. To support this we reiterate the recommendation
in our earlier report to review the Statutory Guidance on Adoption.
75. We were surprised to discover from Professor Munro
that in her review of the child protection system she did "not
remember anyone mentioning adoption."[90]
We have also heard that a "lack of involvement of the adoption
teams in child care planning"[91]
led to delays in reaching permanency decisions, especially for
children for whom adoption was appropriate. Ofsted argued that
"adoption should be considered as an integral part of the
whole 'looked-after children' system, not as an isolated and discrete
function or service."[92]
Changes proposed to the Ofsted inspection regime, to be implemented
from April 2013, will replace the separate inspections of adoption,
fostering and child protection services with "a new framework
for the inspection of services and outcomes for looked-after children."[93]
It is hoped that this "will promote more integrated working
between different elements of the local authority's service, in
particular between children's social care teams and the adoption
team."[94]
76. We urge Directors of Children's Services
to ensure that adoption is integrated fully into child protection:
good communication between adoption and safeguarding teams is
essential to reduce the delay for those children who are not able
to return to their birth families. We support the revised Ofsted
reporting regime in its aim to promote more integrated working
between local authority teams providing services for all looked-after
children.
Early placement
77. For those children for whom a decision has
been made that adoption is in their best interests, there are
opportunities to reduce the time that children have to wait for
an adoptive placement and to limit the damage caused by movement
between temporary placements.
78. In our earlier report, we set out our support
for concurrent planning, whereby a child is moved to a foster
placement with carers who are also approved prospective adopters
before a decision on whether the child should be adopted has been
made.[95] The local authority
continues to work towards rehabilitation with the birth family.
If it is decided that the child should be adopted there will be
no need for the child to be moved again.
79. Concurrent planning provides significant
benefits in terms of enabling early attachments, minimising disruption,
and reducing delay. We support its widest possible application
80. In our last report we also set out our support
for the Government's proposal, as outlined in the draft clauses
published on 7 November, to encourage the greater use of 'fostering
for adoption'. Under the scheme the move to a placement with foster
carers who are also approved prospective adopters would take place
after the decision has been made by the local authority
that the child should be placed for adoption, but before authority
to place the child has been granted by the court. In that scenario
there would be no rehabilitative work with the birth parents.
We urged the Government to widen the scope of the proposed duty
to require all local authorities actively to consider a fostering
for adoption placement for all children for whom adoption is the
permanency plan. In order to expand the number of children able
to benefit from a fostering for adoption placement, we also recommended
a review of the statutory guidance on adoption to ensure that
permanency planning is given serious consideration one month after
a child enters care.
81. The Children and Families Bill makes provision,
in clause 1, for the placement of looked-after children with prospective
adopters who are also approved foster carers. It imposes a new
duty on local authorities to consider a fostering for adoption
placement. The point at which the new duty arises is when the
local authority is considering adoption for a childi.e.
before the decision that adoption is in a child's best interests
has been taken.
82. This clause, compared to the draft clause
which we considered in our previous report, widens considerably
the circumstances in which a fostering for adoption placement
will be considered. It creates the possibility that a child could
be placed with prospective adopters, and that bonds and attachments
could be formed, before the local authority has decided that adoption
is the plan. The risk to the prospective adopters of the child
being returned to the birth family is much greater in these circumstances.
83. There is also the significant risk of challenge
under Articles 6[96]
and 8[97] of the ECHR
on the basis that the decision has been pre-judged and that the
birth family have not been afforded a fair chance at reunification.
84. We put these concerns to Edward Timpson MP,
Parliamentary Under-Secretary of State (Children and Families)
at the Department for Education. In replying he drew our attention
to the fact that the proposed duty must be read in the context
of the wider requirements of section 22C of the Children Act 1989,
under which local authorities must make arrangements for a child
to live with his or her parents, or with a person who has parental
responsibility, or in whose favour a residence order was made
prior to the care order, unless that is not reasonably practicable
or consistent with the child's welfare. The Minister summarised
the position as follows:
"This means that a local authority's priority,
when a child is looked-after, must be to try to rehabilitate the
child with their birth family by supporting the family in overcoming
the challenges that led to the child becoming looked-after in
the first place. 'Fostering for Adoption' does not change this."[98]
85. We welcome this clarification. However, it
is in the implementation of the new provisions that risk of challenge
under Articles 6 and 8 of the European Convention on Human Rights
emerges. Local authorities will need to be mindful of their obligations
under the ECHR in applying the new duty. We agree with the Minister
that "where rehabilitation with the birth parents remains
an option local authorities will need to ensure they comply with
the Convention rights of both the parents and the child."[99]
This places more pressure on the quality of work in the pre-proceedings
phase to ensure that all reasonable steps have been taken by the
local authority to explore reunification of the child with the
birth family at the earliest opportunity, and the parents have
been able effectively to participate in the decision-making process.
86. We welcome the Government's proposal to
impose a new duty on local authorities to consider a fostering
for adoption placement when considering adoption for a child.
We are concerned, however, that there is a risk of challenge under
the European Convention on Human Rights, unless the local authority
has taken all reasonable steps to explore reunification of the
child with the birth family at the earliest opportunity, and the
parents have been able effectively to participate in the decision-making
process. We are concerned that this may inhibit the extent to
which local authorities will choose to place children in fostering
for adoption placements.
87. We strongly urge the Government to issue
clear guidance to local authorities on how to satisfy their obligations
under the ECHR when applying the new duty on fostering for adoption.
Delays caused by kinship care
assessments
88. Another source of delay cited by witnesses
was the late emergence of possible kinship carers once proceedings
were underway.[100]
Some witnesses felt that the current legal framework allowed alternative
carers to come forward "too late in the proceedings."[101]
The Association of Directors of Children's Services suggested
that "explicit guidance" would be useful on the extent
to which kinship carers must be considered once proceedings have
begun. An alternative suggestion was for the judge to raise the
issue directly at the first or second hearing.[102]
89. On the other hand, some witnesses had sympathy
with the reasons behind the delay in kinship carers coming forward:
"Quite often, there is someone who would like to put themselves
forward but they do not because they do not want to scupper the
chances of the birth family. So they really leave it until the
last moment when they see that probably the birth parents are
not going to be caring for the children."[103]
90. The benefits of kinship care are demonstrated
by the outcomes. We were told that children in the care of family
or friends do as well if not better than those in unrelated foster
care, in terms of their health, school attendance and performance,
self-esteem and personal and social relationships.[104]
Kinship carers are normally of the same ethnic background and
have a previous relationship with the child, providing continuity
and a shared sense of identity; because of their emotional commitment
to the child, such placements tend to be stable.[105]
91. In our previous report we supported family
group conferences as a mechanism for ensuring early engagement
from the wider birth family, and we recommended its inclusion
in a pre-proceedings protocol, with specific guidance on how such
conferences should be conducted. We note the importance of ensuring
that children are involved in family group conferences, and that
their voices are heard, either directly or via an advocate[106];
we discuss the voice of the child in more detail in Chapter 5.
Convening such a conference before a child enters care has the
benefit of raising concerns about a child's care with the wider
birth family, and enables the identification of possible family
or friends carers at the earliest opportunity.
92. We are persuaded of the benefits of friends
and family care as alternatives to local authority foster care,
where a suitable carer is available. To avoid delay such carers
should be identified as early as possible, ideally pre-proceedings.
93. We recommend that it should become normal
practice where possible for local authorities to convene a family
group conference, or similar arrangement, with family members
and friends, before a child becomes looked-after, or as soon as
possible after entry into care, to enable identification of alternative
carers before any decision about the child's future has been made.
It is essential that the child is involved either directly or
via an advocate in such conferences.
Delays in matching children with
prospective adopters
94. A further source of delay in adoption is
the practice of waiting until after the placement order has been
granted before commencing family finding. The reasons given for
this are two-fold. Social workers spend time and money preparing
prospective adopters and they therefore guard their list jealously.[107]
They are unlikely for this reason to take one of their adopters
off the list by matching them with a child whose legal status
remains uncertain. In addition, there is concern about sharing
a child's details with prospective adopters and possibly allowing
them to form attachments, before that child is legally available.[108]
There is also some suggestion that the courts have been reluctant
to sanction early family finding, contributing to an overall delay.[109]
95. The concern about legal uncertainty appears
unfoundedwe were told that it is extremely rare for placement
orders to be refused.[110]
This is borne out by the figures: in 2011 only two placement orders
were refused in county courts or family proceeding courts in England
and Wales.[111]
96. The inertia about family finding before a
placement order has been granted is compounded by the fact that
there is in many cases poor communication between adoption teams
and those working in child protection (which we discussed above
at paragraph 76). Adoption social workers therefore have little
advance notice of the children who may soon become available for
adoption.
97. In our earlier report we commented on the
need to begin family finding at an earlier stage in order to enable
greater take-up of 'fostering for adoption'; we note that the
new duty to consider a fostering for adoption placement before
a decision on adoption has been made, as set out in clause 1 of
the Children and Families Bill (see paragraphs 82-88), would require
family finding to take place even sooner.
98. We reiterate the recommendation in our
earlier report that it is vital for Directors of Children's Services
to address the current practice among some local authorities of
delaying family finding until a placement order has been granted.
Social work culture and practice
99. Sir Martin Narey, the Ministerial Adviser
on Adoption, argued that the current child protection system remained
"gripped by an unrealistic optimism about the capacity of
deeply inadequate parents to change"[112]
and that children were disadvantaged as a result of "the
naïve optimism that paralyses the system."[113]
The British Association of Social Workers (BASW) and the College
of Social Work refuted the notion that social workers were governed
by a culture of optimism, but they were clear about their statutory
obligation under the Children Act 1989 to promote the upbringing
of children within their birth families: "we have a duty
as social workers to ensure that we give families the best chance."[114]
100. It was clear from much of the evidence that
social workers are overburdened in terms of case-load but also
by "managerial cultures" which combined to "prevent
them from spending the time with the family and the children that
they need to spend."[115]
The Munro Review found that the demands of bureaucracyof
statutory guidance, targets and local ruleshad become so
extensive as to limit the capacity of practitioners and their
managers to work directly with children, young people and their
families.[116] A succession
of high profile failings in child protection, including the cases
of Victoria Climbié and baby Peter Connolly, had led to
a "hugely risk-averse" culture.[117]
As the Munro Review reported, successive Governments had responded
to failures in child protection with more regulation and more
proscription, leading to a "very defensive compliance culture"[118]
in which social workers and their managers were "more concerned
with pleasing Ofsted than meeting the best interests of a child."[119]
101. Professor Munro explained to us that
a target-driven culture which focused explicitly on timescales
risked losing focus on outcomes for the child.[120]
Another issue frequently identified by witnesses, including BASW,
was a "skills-gap" in front-line social work.[121]
Social workers were described as "not sufficiently well-trained,
well-supervised" to do their work, and in particular the
detailed assessment work required for child protection cases.[122]
This was attributed to some extent to the fact that experienced
social workers, once promoted, ceased to be involved directly
with families, and their expertise was therefore lost to the front-line.
Others referred to social workers becoming "de-skilled"
by the system.[123]
102. Detailed and high quality supervision of
social workers was cited as an important part of good practice,
and critical in ensuring that the child's best interests were
met. BASW and the College of Social Work agreed that it was easy
for social workers to be "drawn into families and you do
need a supervisor standing outside saying 'Enough already. I think
it is time to draw the line here'."[124]
103. The issues raised above have largely been
addressed by Professor Munro's review of child protection.
The recommendations included radically improving the knowledge
and skills of social workers from initial training to continuing
professional development, and encouraging social workers to draw
on the latest research evidence to support their decision-making.
There were also proposals for creating senior posts within local
authorities which retain direct involvement with families. The
Government has accepted all the recommendations of the Munro Review,
with some provisos, and eight local authorities are trialling
new approaches to assessing children in need. We welcome the review
and the Government's response to it.
104. Social workers perform a vital role in
protecting the most vulnerable children in society; the status,
training and reward of social workers are therefore extremely
important. We invite the Government to give this further consideration.
105. We support the findings of the Munro
Review, in particular, the focus on improving the knowledge and
skills of social workers and their supervision; and the proposal
to retain experienced social workers in front-line services after
promotion.
106. We were concerned throughout our inquiry
that adoption was not sufficiently taught in social work undergraduate
courses. Professor Munro concluded that there was not enough
focus on children and family work in basic social work training.[125]
Once qualified, social workers might have little experience of
adoption, depending on the size of their local authority and the
prominence which adoption is given by the management and leadership
of the authority. But it is evident that social workers themselves
recognise the gaps in their training. A survey of members by the
College of Social Work revealed that many wanted more training
on a range of subjects, including adoption.[126]
107. We recommend that social workers' training
on adoption, alongside other forms of permanence, is strengthened.
We also recommend that permanence planning, including adoption,
becomes part of a post-qualifying specialism for social workers,
with a particular emphasis on the importance of timely decision-making.
- Improving the training and supervision of
social workers will, of course, have cost implications. However,
we believe that this is an area of work of such importance to
society as a whole that under-resourcing it would be a false economy.
37 An Action Plan for Adoption: Tackling Delay,
Department for Education, March 2012, paragraph 10 Back
38
See Box 2: Adoption (p.13) Back
39
Roger Bullock, written evidence Back
40
Safeguarding Children Across Services - Messages from Research,
ed. Carolyn Davies and Harriet Ward, published by Jessica Kingsley,
2012, pp29-31: https://www.education.gov.uk/publications/eOrderingDownload/DFE-RR164.pdf Back
41
ibid. Back
42
ibid. Back
43
Q 838 Back
44
1st Report of Session 2012-13, HL Paper 94. The report
can be found at: http://www.publications.parliament.uk/pa/ld201213/ldselect/ldadopt/94/94.pdf Back
45
Social work assessment of children in need: what do we know? Messages
from research, Danielle Turney, Dendy Platt, Julie Selwyn and
Elaine Farmer, March 2011, ref DFE-RBX-10-08, p. 3 Back
46
Barnardo's, written evidence Back
47
After Adoption, Association of Directors of Children's Services
(ADCS), Coram, NSPCC Back
48
Written evidence from After Adoption, Barnardo's, Birmingham City
Council's Adoption Service, British Association of Social Workers
(BASW), Bradford Metropolitan District Council, Coram, Fostering
Network, Resolution, TACT Back
49
Family Justice Review, Final Report, November 2011, foreword
by David Norgrove. The report can be found at: http://www.justice.gov.uk/downloads/publications/moj/2011/family-justice-review-final-report.pdf Back
50
Ministry of Justice, Court Statistics (quarterly): http://www.justice.gov.uk/statistics/courts-and-sentencing/judicial-quarterly Back
51
TACT, written evidence Back
52
Q 786, Q 783 Back
53
Q 785 Back
54
Family Justice Review, op.cit. Back
55
Written evidence from Bradford Metropolitan District Council,
BASW, Cambridgeshire County Council, Coram, Local Government Association,
Nagalro, Resolution, TACT, Warwickshire County Council; oral evidence
from Tim Loughton MP (Q 572) and Ofsted (Q 468). Back
56
The draft clauses of the Children and Families Bill dealing with
care proceedings were subject to pre-legislative scrutiny by the
House of Commons Justice Committee, Pre-legislative Scrutiny
of the Children and Families Bill, Fourth Report of Session
2012-13, HC 739. The report can be found at: http://www.publications.parliament.uk/pa/cm201213/cmselect/cmjust/739/739.pdf Back
57
Nagalro, written evidence Back
58
Q 624 Back
59
Pre-legislative Scrutiny of the Children and Families Bill,
op. cit., paragraph 34 Back
60
Q 625 Back
61
Q 776 Back
62
ibid. Back
63
Professor Julie Selwyn, written evidence Back
64
ibid. Back
65
Q 630 Back
66
Q 776 Back
67
Q 776 Back
68
BASW, written evidence Back
69
Q 834 Back
70
Birmingham City Council's Adoption Service, written evidence Back
71
Written evidence from Adoption Focus, BAAF, Coram, Professor Julie
Selwyn; oral evidence from NSPCC (Q 630) Back
72
Q 719 Back
73
Q 189 Back
74
Action for Children, written evidence Back
75
Q 841; written evidence from Roger Bullock, Nagalro Back
76
Details of the Family Nurse Partnership (FNP) Programme can be
found at: http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_118530 Back
77
Q 167 Back
78
Harwin J, Ryan M and Tunnard J, with Pokhrel S, Alrouh B, Matias
C and Momenian-Schneider S (May 2011) The Family Drug and Alcohol
Court (FDAC) Evaluation Project Final Report. Brunel University
http://www.coram.org.uk/assets/downloads/FDAC_EVALUATION_EXECUTIVE_SUMMARY_May111.pdf Back
79
Professor Thoburn, written evidence Back
80
Q 395 Back
81
Q 697 Back
82
Q 838 Back
83
Letter to the Chairman from Edward Timpson MP, 23 January 2013.
See Appendix 7. Back
84
After Adoption, written evidence Back
85
Adoption Focus, written evidence Back
86
Q 699 Back
87
ibid. Back
88
Q 838 Back
89
Professor Julie Selwyn, written evidence Back
90
Q 393 Back
91
After Adoption, written evidence Back
92
Ofsted, written evidence Back
93
ibid. Back
94
ibid. Back
95
1st Report of Session 2012-13, HL Paper 94, paragraphs
21 & 40. The report can be found at: http://www.publications.parliament.uk/pa/ld201213/ldselect/ldadopt/94/94.pdf Back
96
Article 6 protects the right to a fair trial Back
97
Article 8 protects the right to respect for family life; see paragraph
37 Back
98
Letter to the Chairman from Edward Timpson MP, 12 February 2013,
see Appendix 8 Back
99
ibid. Back
100
Written evidence from ADCS, Adopt WestMids, Birmingham City Council's
Adoption Service, Bradford Metropolitan District Council, Cambridgeshire
County Council, Resolution; oral evidence from HH Judge Swindells
(Q 590) Back
101
Birmingham City Council's Adoption Service, written evidence Back
102
Resolution, written evidence Back
103
Q 590 Back
104
Kinship Care Alliance, written evidence Back
105
ibid. Back
106
A new accreditation standards framework for family group conference
services is currently being trialled by the Family Rights Group
on behalf of the Department for Education, and is due to be rolled
out nation-wide from April 2013. Standard 4 of the framework reads
'The central focus should be the child or adult who is the subject
of the FGC and they should be offered support in their involvement
including an advocate'. Back
107
Q 635 Back
108
ibid. Back
109
Written evidence from BAAF, Cambridgeshire County Council Back
110
Q 790 Back
111
Department for Education, written evidence Back
112
Sir Martin Narey, written evidence Back
113
ibid. Back
114
Q 599 Back
115
Q 625 Back
116
The Munro Review of Child Protection: Final report A child-centred
system, CM 8062, May 2011; executive summary, paragraph 5.
The report can be found at: http://media.education.gov.uk/assets/files/pdf/m/8875_dfe_munro_report_tagged.pdf
Back
117
Q 702 Back
118
Q 383 Back
119
ibid. Back
120
Q 384 Back
121
Q 600 Back
122
Q 649 Back
123
ibid. Back
124
Q 599 Back
125
Q 400 Back
126
Q 601 Back
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