The Child’s Guardian – Listening and Giving Weight to Children’s Views

2018 ◽  
Vol 26 (1) ◽  
pp. 117-135 ◽  
Author(s):  
Helen James ◽  
David Lane
Keyword(s):  
Child Protection ◽  
Justice System ◽  
Protection System ◽  
Review Panel ◽  
England And Wales ◽  
The Family ◽  
Research Findings ◽  
Children’S Views ◽  
Meaningful Relationships ◽  
Insight Into

Both the child protection and public child law systems assume a child-centred approach is at the heart of their work with children. That assumption is based on what are considered child-centred principles, which are enshrined in legislation in England and Wales in the Children Act 1989, mainly the principle of paramountcy of the child’s welfare in Section 1(1) and the principle of no delay in Section 1(2), in relation to the completion of proceedings ( hm Government, 1989). However, comprehensive reviews of both the child protection system (Munro, 2011) and the family justice system (Family Justice Review Panel, 2011), along with research findings (Cappleman et al., 2013) present a picture that challenges this assumption. Increasingly, the focus on the child’s life and welfare is hampered by a lack of time and resources available to professionals such as Guardians to enable them establish a meaningful and trusting relationship with the child in order to gain insight into and an understanding of the child’s world from the child’s perspective. The child appears to be very much on the periphery of a system that lacks real connectedness with the child and their view of their situation and circumstances. Such a level of connectedness can only be achieved by providing children with space and time to develop trust in and meaningful relationships with those whose duty it is to represent their true wishes and feelings and give due weight to the child’s perspective.

Child Participation: Overcoming Disparity between New Zealand’s Family Court and Out-of-court Dispute Resolution Processes

2017 ◽  
Vol 25 (3-4) ◽  
pp. 658-671 ◽  
Author(s):  
Nicola Taylor
Keyword(s):  
New Zealand ◽  
Dispute Resolution ◽  
Justice System ◽  
Research Evidence ◽  
Family Court ◽  
New Family ◽  
The Family ◽  
Major Reform ◽  
Children’S Views ◽  
Resolution Processes

This article considers children’s right to participate in the context of private law disputes concerning their post-separation, day-to-day care and contact arrangements. In New Zealand the approach to ascertaining children’s views has been both long-standing and systematic for contested proceedings within the Family Court (via children’s legal representatives and judicial meetings with children). However, major reform of the family justice system in 2014 shifted the emphasis to new out-of-court processes for resolving post-separation parenting arrangements. The reforms were disappointingly silent on the issue of children’s participation in the new Family Dispute Resolution services, particularly mediation. A disparity has thus arisen between opportunities for children’s engagement in New Zealand’s in-court and out-of-court dispute resolution processes. Research evidence and international developments in Australia and England and Wales are reviewed for the guidance they can offer in remedying this in New Zealand and elsewhere.

The Process of Attrition in Child Sexual Assault Cases: A Case Flow Analysis of Criminal Investigations and Prosecutions

2002 ◽  
Vol 35 (3) ◽  
pp. 347-362 ◽  
Author(s):  
Patrick N. Parkinson ◽  
Sandra Shrimpton ◽  
Heather Y. Swanston ◽  
Brian I. O'Toole ◽  
R. Kim Oates
Keyword(s):  
Criminal Justice ◽  
Child Protection ◽  
Justice System ◽  
Flow Analysis ◽  
Criminal Investigation ◽  
Criminal Prosecution ◽  
Court Records ◽  
Child Sexual Assault ◽  
The Family ◽  
A Prospective Study

As part of a prospective study which tracked 183 child sexual abuse cases referred to two Child Protection Units in Sydney, NSW, a search of court records was conducted to obtain criminal justice outcomes. Of the 183 cases, there were 117 cases where the name of the offender was known. Forty-five cases reached trial. Thirty-two cases resulted in a conviction. A sub-cohort of 84 of the children and their families was interviewed in detail to determine reasons why many cases did not proceed down the track of criminal investigation and prosecution and why other cases dropped out of the criminal justice system. Among this sub-cohort of 84 children, there were 67 cases where the offender was identifiable and could have been charged. There were 25 convictions. Reasons for not proceeding to trial included: the offence was not reported to police; parents wished to protect children, the perpetrator or other family members; evidence was not strong enough to warrant proceeding; the child was too young; the offender threatened the family; or the child was too distressed. The implications for criminal prosecution as a child protection strategy are considered in the light of this evidence of attrition.

Maternal Imprisonment and Family Life

2020 ◽  
Author(s):  
Natalie Booth
Keyword(s):  
Qualitative Research ◽  
Family Life ◽  
Lived Experiences ◽  
Justice System ◽  
Family Members ◽  
Collateral Damage ◽  
England And Wales ◽  
Female Prisoners ◽  
System P ◽  
The Family

Exploring the untold experiences of family members and friends caring for the children of female prisoners in England and Wales, this book sheds light on the collateral damage that incarceration causes those who take over caregiving responsibilities for the children of female prisoners. Providing new qualitative research on the lived experiences of caregiving relatives, alongside theoretically informed and policy-relevant insights, the book shows the difficult and damaging consequences of the ‘family sentence’ they serve. Exploring the stigma, scarce statutory support and policy neglect they face, it offers much-needed evidence to encourage the development of a more inclusive, understanding and family-oriented justice system.

Family, Courts and Media Discourses: The Contested Spaces of Time, and the Politics of the Protection of Children

2012 ◽  
Vol 37 (4) ◽  
pp. 142-150 ◽  
Author(s):  
Pamela D. Schulz
Keyword(s):  
Child Protection ◽  
Family Court ◽  
Contested Spaces ◽  
Family Courts ◽  
The Family ◽  
The Media ◽  
The Subject ◽  
Media Discourse Analysis ◽  
Media Discourses ◽  
Insight Into

This article, which is built on media discourse analysis, provides an insight into how public opinion on the work of courts has developed into a discourse of disapproval. The discourse of time is often used to evaluate the work of courts and tends to meet with disapproval when related to sentencing and when the Family Court fails to deliver equal parental access to children. The Family Court is also the subject of discourses of fear within the media, with stories often focusing on child abuse and horror stories of neglect designed to attract and recruit an audience to media outlets. In addition, the discourses facing the Family Court are now firmly tied to time as a major aspect of decision-making. Because of this contested view, child protection may be reduced to a secondary perspective. This paper recommends a change to discourses surrounding courts by all parties in order to facilitate better understanding.

scholarly journals Participation of Children and Parents in the Swiss Child Protection System in the Past and Present: An Interdisciplinary Perspective

2020 ◽  
Vol 9 (8) ◽  
pp. 148
Author(s):  
Aline Schoch ◽  
Gaëlle Aeby ◽  
Brigitte Müller ◽  
Michelle Cottier ◽  
Loretta Seglias ◽  
...  
Keyword(s):  
Child Protection ◽  
Mutual Recognition ◽  
Protection System ◽  
The Past ◽  
The People ◽  
Parents And Children ◽  
Children And Parents ◽  
Effects On Children ◽  
Insight Into ◽  
Adult Protection

As in other European countries, the Swiss child protection system has gone through substantial changes in the course of the 20th century up to today. Increasingly, the needs as well as the participation of children and parents affected by child protection interventions have become a central concern. In Switzerland, critical debates around care-related detention of children and adults until 1981 have led to the launch of the National Research Program ‘Welfare and Coercion—Past, Present and Future’ (NRP 76), with the aim of understanding past and current welfare practices. This paper is based on our research project, which is part of this national program. We first discuss three overarching concepts—integrity, autonomy and participation—at the heart of a theoretical framework in order to understand the position of parents and children in child protection proceedings. Secondly, we critically analyze the historical and legal development of the child protection system in Switzerland and its effects on children and parents from 1912 until today. Thirdly, we give an insight into the current Swiss child protection system, with an investigation of hearings of parents and children conducted by the Child and Adult Protection Authorities (CAPA) based on participant observations. In particular, we show the importance of information exchanges and of signs of mutual recognition. Finally, in light of our findings, we discuss the interplay between socio-historical and legal developments in child protection and their consequences for the integrity, autonomy and participation of the people involved.

scholarly journals Born into Care: characterising newborn babies and infants in care proceedings in England and Wales

2019 ◽  
Vol 4 (3) ◽  
Author(s):  
Bachar Alrouh ◽  
Karen Broadhurst ◽  
Lucy Griffiths ◽  
Rhodri Johnson ◽  
Linda Cusworth ◽  
...  
Keyword(s):  
Child Protection ◽  
Local Authority ◽  
Support Service ◽  
Incidence Rates ◽  
Outcome Data ◽  
Legal Order ◽  
Family Court ◽  
England And Wales ◽  
The Family ◽  
Court Intervention

Background/rationaleNations with advanced child protection systems place considerable emphasis on the developmental salience of infancy. However, this emphasis is not matched by any differentiated analysis of the timing of family court intervention in the lives of infants or the final legal order outcomes of these cases. This presentation shares findings from the first ever population profiling study of infants subject to care proceedings within the family justice system in England and Wales. AimTo estimate the proportion of all infant care proceedings cases issued within 7 days and 4 weeks of birth and describe case and infant characteristics; to calculate incidence rates over time and by local authority and family court region; to describe and compare legal order outcomes according to age. Methods/approachData was extracted from case management records produced by the Children and Family Court Advisory and Support Service (Cafcass) England and Wales. Records were first restructured to link infants to legal order outcome data and birth mother records. Incidence rates were calculated using ONS mid-year population estimates and annual live births. Within the SAIL Databank, Welsh infant records were linked to birth registration and community child health data to produce a fuller picture of infant characteristics in Wales. ResultsThe cohort we created comprised all infants recorded as subjects within care proceedings in England (2007/08-2016/17) and Wales (2011/12-2018/19). The study captured the high proportion of infant cases that are issued at/close to birth, but also marked regional and local authority variation in incidence rates. ConclusionHigh rates of adoption, particularly for babies born to mothers without a previous family court history, have prompted calls for new preventative solutions. The President of the Family (Court) Division in England has initiated a review of legal proceedings at birth.

scholarly journals The Review of Materials on the Current Legislation and Practice of France in the Field of Prevention of Social Orphanhood

2021 ◽  
Vol 2 (2) ◽  
pp. 108-118
Author(s):  
G.V. Semya
Keyword(s):  
At Risk ◽  
Parental Care ◽  
Child Protection ◽  
Judicial System ◽  
Protection System ◽  
Educational Services ◽  
Children At Risk ◽  
Non Profit ◽  
Biological Parents ◽  
The Family

The review is devoted to the description of the experience of the French Republic in the field of prevention of social orphanhood, including an analysis of the norms of French legislation that allows a child to be kept in a blood family, a legally formalized system of relations between a child, guardianship authorities, foster family and biological parents. The main directions of activity and key principles of the work of specialists of the child protection system, the grounds and criteria for the temporary removal of a child from the family, the procedure for the temporary removal and placement of a child with family assistants or in non-profit organizations, the conditions for the return of a child to parents are given. At the center of the child and family protection system is a specialized children’s judicial system, which includes judicial authorities and educational services, and centers. The main life scenarios of children at risk of deprivation of parental care who have fallen into the state guardianship system are considered. At the head of all the work is the principle that the main defenders of the rights and interests of the child are his parents, and the process of providing assistance is always based on finding a clear balance between the rights of parents and the interests of the child, and the requirements for the validity of decisions made by specialists, including judges, must be strictly observed. The practice of France is of interest in connection with the reform of the system of protection of the rights of minors, including issues of guardianship and guardianship, initiated in Russia.

scholarly journals Integratív gyermekvédelem a szociális munka ember-, kliensképének és a szülőség értelmezésének jegyében

2019 ◽  
Vol 31 (3) ◽  
pp. 71-82
Author(s):  
Andrea Rácz ◽  
Ernő Bogács
Keyword(s):  
Child Welfare ◽  
Child Protection ◽  
Social Inclusion ◽  
Local Community ◽  
Protection System ◽  
Development Programs ◽  
Internal Resources ◽  
Professional Experiences ◽  
The Family ◽  
Group Members

The core aspect of the child welfare and protection thought focusing on the family, and channelling community resources, is that in order to preserve the unity of the family, it is necessary to widely introduce from the local community the services into the family’s life, thus mobilizing the internal resources of the family, and acknowledging parenting, as a social value. The present study examines which are the new directions in the child protection system, which are centred on social inclusion, and foresee a system of complex services. In order to perform this inquiry, we present the professional experiences of two model programs: 1) parental skill development programs; 2) phone application supporting the successful social integration of children and young adults in child care. The success of the presented innovations in child protection is further enhanced by the fact that these are initiatives built on the cooperation of several actors, addressing target group members, professionals working in child welfare and child protection system, representatives of associated fields, and decision-makers.

scholarly journals Offending Girls and Restorative Justice: A Critical Analysis

Youth Justice ◽  
2020 ◽  
pp. 147322542096775
Author(s):  
Jodie Hodgson
Keyword(s):  
Restorative Justice ◽  
Critical Analysis ◽  
Justice System ◽  
Female Offenders ◽  
Young Female ◽  
Youth Justice ◽  
Research Findings ◽  
Critical Insight ◽  
Insight Into

The contemporary popularity of restorative justice, within youth justice, has expanded significantly in recent decades. Despite this, there is a considerable lack of research which explores girls’ experiences of restorative justice interventions. Drawing on the experiences of young female offenders, who have participated in restorative justice conferencing, this article presents research findings generated from interviews undertaken with 15 girls and 13 youth justice practitioners, in order to critically analyse their views and experiences through a gendered lens. The analysis and discussion presented provides a critical insight into the ways in which girls’ experience, internalise and engage in restorative justice conferencing and how these experiences fundamentally conflict with practitioners’ views on conferencing with girls in the youth justice system.

PENERAPAN DIVERSI TERHADAP ANAK SEBAGAI PELAKU TINDAKPIDANA PENCURIAN DENGAN KEKERASAN SECARA BERSAMA-SAMA (Studi Kasus Putusan Pengadilan Tinggi Medan Nomor : 6/PID.SUS-ANAK/2017/PT.MDN)

2021 ◽  
Vol 1 (2) ◽  
pp. 140-156
Author(s):  
Suardi Suardi ◽  
Yayan Surya
Keyword(s):  
Criminal Justice ◽  
Child Protection ◽  
Justice System ◽  
Research Method ◽  
Court Decision ◽  
Court Decisions ◽  
Child Victim ◽  
High Court ◽  
The Family ◽  
The Law

This study provides examples of cases of children who are in conflict with the law for committing the crime of theft with violence which is carried out together whose case has been decided by the Medan High Court with its decision Number: 6/PID.SUS-ANAK/2017/PT.MDN. The formulation of the problem in the research is how to regulate the diversion of children as perpetrators of the crime of theft with violence? and how is the application of diversion in making decisions against children as perpetrators of violent theft in the Medan High Court Decision Number: 6/PID.SUS-ANAK/2017/PT.MDN?. The research method used by the author is a normative juridical method, which is a research that puts the law as a norm. The system of norms in question is about principles, rules of laws and regulations, court decisions, agreements and doctrines (teachings). Finally, based on the results of the study, the authors conclude that the application of diversion in making decisions against children as perpetrators of violent theft refers to Law Number 11 of 2012 concerning the Child Criminal Justice System and Law Number 35 of 2014 concerning Child Protection, especially those that regulate regarding the application of diversion to those who are in conflict with the law. In the Medan High Court Decision Number: 6/PID.SUS-ANAK/2017/PT.MDN, it turns out that the judge in his decision was guided by the law above so that the judge decided, even though the child (the defendant) was sentenced to prison for 10 (ten) months, does not need to be carried out by the Child, unless the Child has made peace in writing with the Child Victim or with the family of the Child Victim.

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