The Ethics of Child Protection

The independent review of children’s social care in England is seeking views on 'the continuum of help and protection'. This notion may seem simple but it is important to understand the origins of it. In a previous era 'child protection' was strictly distinguished from 'early intervention' and problems in families were often not picked up early enough. The current model of practice was therefore designed to integrate services for children who had 'needs' with those for children 'in need of protection'. Because these two groups were seen as overlapping the notion of a 'continuum of help and protection' was developed.

One of the key aims of children's social work is to establish an environment in which a child can live free from violence and serious neglect. When a child is seriously or fatally harmed under circumstances where abuse or neglect are thought to have been involved Case Reviews are held to learn lessons and help prevent future similar incidents. There were 78 Case Reviews in England in 2020 listed on the NSPCC website.

In order to open up child protection practice to more scrutiny I have looked at a recent Case Review which sought the children's perspective on social work practice. This was an extremely complex and challenging case and I am not surprised that social workers were often at a loss to know how to deal with the wide range of problems presented by the children. The work with this family required a clear focus on child protection but for various reasons the children were not properly protected. The chair of the Case Review interviewed an adoptive mother who had adopted two children from this family and two adults from the same family who had received help as children.

The Case Review - 'Anonymous Family' No: 2021/C8678, published in July 2021 [see Link below] - provides an account of social work practice with the family from 2005-2015 when it moved back to its home area:

It involves a family of eleven children – eight siblings and three older half siblings with a twenty-three-year age range. The family moved within six different Local Authority areas throughout the country and the children have been subject to chronic neglect, physical abuse and sexual abuse perpetrated by their parents and the oldest sibling of their relationship. The children were removed on Care Orders in 2007 but sexual abuse continued to be perpetrated by their parents and an older sibling. The allegations of sexual abuse resulted in two criminal investigations – the first was initiated in 2007 but did not progress further. The second concluded with charges and a trial in 2017 where both parents and the oldest sibling of their relationship were convicted and sentenced for sexual offences and neglect. Mother received a custodial sentence for the neglect of two of her eldest children and failing to protect her children from sexual abuse. Father received a significant custodial sentence for the neglect of the children and the rape of one child. The oldest sibling had pleaded guilty to some of these offences and received a significant custodial sentence (later reduced on appeal) for offences of rape and sexual assault of four children.

The three older children from the mother's previous relationships had spent periods of time in care and were not included in this review. The quality of parenting of the other eight children was certainly poor. The home environment was chaotic and children suffered chronic neglect. This, together with the absence of appropriate sexual boundaries, meant the children became caught up in unhealthy cycle of unmet needs, disturbed behaviour and ambivalent feelings. A pattern of silence and secrecy alternated with allegations of sexual abuse against members of the family. Obviously it is easier to identify these dysfunctional patterns of relating in hindsight. This case shows how the sexual abuse of children within the family presents a challenge for social workers - as it can be difficult to focus clearly on the signs of possible abuse and take appropriate action.

The adoptive mother’s perspective is here:

4.3. The youngest two children were adopted in 2009 and the second youngest made a number of disclosures alleging sexual abuse by family members, which were investigated by the local police force. The criminal process involved video interviews being undertaken of the eight-year-old child. The outcome of the criminal proceedings were significantly delayed and ultimately resulted in a decision not to pursue prosecution. In the interim the family were advised not to discuss the abuse with the child or to pursue therapy, which clearly had an adverse effect on the child as well as the natural nurturing, required in a newly adoptive family as the mother described her parenting as therefore feeling “artificial”. The initial video interviews were undertaken by male police officers despite a request for female officers. The child’s social worker was told at the point of interview that she couldn’t attend despite the child’s request as she had not been ABE (Achieving Best Evidence) trained. After the final interview the Police officer said in the hearing of the child that the evidence was “vague”. The impact of this process was that the child was left feeling that she hadn’t been believed and that some commitments made to her and the family had not been kept. The adoptive mother felt that there had been positive experiences but that their family's experience of the criminal investigation process had been damaging and she hoped that approaches to child victims had significantly improved over the last 11 years. This perspective is clearly reflected in the recommendations of this review.

The Practice Review made the following Learning Point:

5.3 There would appear to have been an initial limited response to a complex family situation, which presented significant risks of sexual, physical abuse and neglect, where experienced and skilled judgement was required. Although there was clear history of allegations and disclosures of sexual and physical abuse and neglect it was only with the oversight of a new manager that some of these assumptions were challenged and examined more critically.

This case highlights the problems that social workers experience in trying to carry out their duties whilst taking account of the rights and best interests of everyone in the family. In recent years some progress has been made in recognising the impact on children of chronic neglect and developing better inter-agency approaches to working with these families. However, there is often a uncertainty about the threshold for 'significant harm' and where to drawn the line for more coercive measures.

When investigations into alleged or suspected abuse of children are not of a high standard the voice of the child may not get heard and the child may realise that their situation is hopeless. The oldest child in this family, at the age of 16, presented as homeless and in need of permanent accommodation and was accommodated under the supported lodgings scheme. The Review heard the views of this person and another grown-up child from the family who had been in care which reflected their experiences of growing up in a dysfunctional family. This had obviously been detrimental to their development and the social work response to allegations of sexual abuse had on occasions been unsatisfactory. This case is a stark reminder that the appropriate use of social work powers to investigate are of central importance in child protection work.

On the other hand it should not be forgotten that an exaggerated faith in child protection measures can be problematic for professionals dealing with an allegation of sexual abuse of a child within the family. Since the Cleveland report social workers have realised that the notion that the child must always be believed needs careful consideration. The child says must be listened to and taken seriously but professionals must be careful not to jump to conclusions. The social worker should do everything possible to carry out an assessment of the family circumstances and develop an understanding of the general quality of parenting and family relationships. This helps the team around the family develop a better understanding of the family dynamics and the most appropriate form of intervention. Obviously, the outcome of all this information-gathering and assessment will be an action plan that could be anywhere on 'the continuum of help and protection'.

Child protection is one of the most difficult areas of social work practice. While social workers tend to bring to their everyday practice a supportive approach they also recognise that their statutory powers are an integral part of the social work task. Sometimes the emotional demands of trying to work in partnership with resistant parents and to build a positive relationship with children can make it difficult for them to think clearly about their child protection duties. This shows the need for good supervision and collaborative inter-agency working.

It is appropriate that the social care review includes the wider public in the process of examining standards of practice. These issues are not just for those professionally concerned as they go to the heart of the relationship between the state and the family and this is of concern to all of us. If it wants to earn more public respect children's services must be underpinned by organisational arrangements that ensure that ethical practice is possible.

Some academics believe that child abuse investigations are an inappropriate component of social work practice. They promote an ethical stance that recognises the impact of poverty and deprivation on families and encourages social workers to take account of cultural influences on the family. While there is nothing wrong with this in principle there seems to be little recognition that investigative work is a highly skilled activity and has a crucial influence on subsequent work with the family. The current organisational arrangements for conducting section 47 duties are so unclear, and face such hostility from academics, that it is difficult to know whether current procedures are effective in identifying children at greatest risk and taking protective action in a timely and ethically sound manner.

Hilary Searing