Child Protection Failures in Pembrokeshire

Child Protection Failures
in Pembrokeshire
The Solution

The Child Practice Review into the circumstances leading to the murder of 2 year old Lola James raises very serious concerns about social work practice in Pembrokeshire Children's Services. Details of the management of this case suggest that children's social workers were not made aware of their child protection duties when working with a mother who was difficult to engage. The Review accepts the reasons given for the failure of managers to give consideration to this as a child protection case but, with the benefit of hindsight, it is obvious that their decision not to progress the case to child protection had devastating consequences. It is obvious that social work practice would have benefited from enquiries being made under section 47 of the Children Act 1989 and this would have helped agencies achieve a more collaborative approach to decision-making. A clearer focus on child protection duties would have meant that the balance between their moral obligation to protect children and the need to respect the rights of parents would have been more carefully considered.

Lola died on 21 July 2020. The man who killed her, Kyle Bevan, had been part of her family for several months and subjected her to violence which caused catastrophic brain injuries and left her body covered in more than 100 bruises, puncture wounds, and abrasions. Her mother's need for the relationship with Kyle Bevan had made her overlook concerns about the risk of harm to Lola and she was found guilty of causing or allowing the death of her daughter. The sentencing judge commented that Lola’s death was a culmination of several months of physical child abuse by Bevan. The judge also stated that the mother had been a victim of domestic abuse in the past and had chosen to prioritise her relationship with this man over Lola’s physical safety.

Children's social workers in Wales are operating within a political culture which is not conducive to good child protection practice. The child protection knowledge base that has been developed is not informed by a sound understanding of the statutory duties set out in the Children Act 1989. Children's Services is part of the Health Service. Politicians at the Senedd seem to regard Children's Services as essentially a supportive service to children and families and this is supposed to include 'safeguarding measures' for children at risk. This approach has moved the focus away from the social workers' legal duties and responsibilities. It has created a culture which apparently prioritises 'safeguarding' over 'child protection'. Striking the right balance between child protection and child welfare is always challenging but in Pembrokeshire a stronger focus on child protection is definitely needed.

Child Practice Reviews into other children who have died have also shown that children's social workers did not give sufficient attention to the full extent of their legal powers and duties when making an assessment. The murder of Lola has revealed an exaggerated faith in 'safeguarding' - as well as the issues arising out of the 'rule of optimism' - and the urgent need for social work interventions to become more effective in safeguarding children at greatest risk . At the root of many of these problems is the dilemma about whether it is legitimate to act without consent and whether it is necessary to challenge a mother's persistent opposition to home visits. Professional interventions against child abuse are complex. Children's social workers are often faced with difficult considerations about the thresholds for more coercive measures, such as care proceedings, and the reality of an overstretched care system, where the placement market is failing to provide sufficient supply for children in care with complex needs.

A specialist team is therefore needed in Pembrokeshire to improve child protection and reduce the risk of child deaths. The NSPCC should take the lead in setting up a team of experienced social workers who are given responsibility for carrying out duties under section 47 of the Children Act 1989. This team should also have some children's social workers from the local authority, possibly coming in on a rota basis, to participate in the process of investigation. This would provide a useful learning experience for them.

This new child protection team would offer a consultation service to referrers who are concerned about children who may be suffering abuse or neglect. It would also assume responsibility for gathering further information from other agencies, planning an appropriate intervention and conducting a reliable assessment of risk. The creation of such an agency would enable social workers in local authority children’s teams who are not suited to carrying out child protection investigations to focus on the provision of support services and create a genuine needs-led service.

Splitting the two social work functions of 'investigation' and 'family support' would provide a new opportunity to clarify roles, develop staff expertise, and provide training which is more focused on staff need.

To summarise, I suggest that the NSPCC provides leadership in setting up an Emergency Response Team with responsibility for child protection decision-making with regard to section 47 investigations, conferences and legal proceedings. This would ensure:

– clarity of roles and responsibilities

– consistency in approach e.g. in setting thresholds where a child is deemed to be at risk

– an understanding of the system that is shared by practitioners and managers

– a formalised system for separating urgent and non-urgent cases

– good support for staff so that no-one should feel isolated or vulnerable

– training for staff through working alongside colleagues with more experience

Some cases where continuing child maltreatment was suspected would still be dealt with by the district team if it already knew the family, and it was felt the assessment should be carried out over a longer period of time. The Emergency Response Team would only make an initial assessment after consultation with the district team. After completion of a comprehensive assessment it would then be able to advise the district team on what action is required.

The notion of splitting functions is not new. One advantage is that it gives social workers a real choice about the style of working they prefer and allows them to opt out of section 47 investigations if they feel they are not suited to this.

Hilary Searing