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Researching Reform

Researching Reform

Monthly Archives: October 2016

Happy Halloween!

31 Monday Oct 2016

Posted by Natasha in Researching Reform

≈ 7 Comments

Welcome to a witchy week.

Instead of our usual question, we’ve decided to offer some fun Halloween inspired movies, and treats for all the family, to celebrate what is Researching Reform’s favourite day of the year.

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Halloween is sometimes called All Hallows’ Eve, and has its roots in ancient pagan customs which aim to honour the dead. Others suggest that it stems from a Christian day of observance. Some believe that it is the one night of the year that spirits can return to Earth. Whatever you believe, it’s a wonderful time of year to reflect on what magic means to you.

At Researching Reform it reminds us that we can make our own magic, through the kindness of words, and even a warm smile. And of course, it’s a wonderful excuse to get lost in fantasy for a while.

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We know children love to trick or treat, and watch films like Hocus Pocus, The Sorcerer’s Apprentice, The Addams Family (whom you may have noticed this blog features) and Harry Potter, but we thought we’d also offer some spooky films for the grown ups:

  • Top of our list is Red Lights, a cynical look at psychics, with a twist
  • For a vintage take on magic, The Witches of Eastwick is still entertaining
  • And for chick flick fans, Practical Magic is a romantic thriller with plenty of sweet moments

We’re a little envious of the folks who recently won the chance to stay at Dracula’s castle over Halloween, but we’ll look forward to hearing all about their stay. It’s the first time anyone has spent a night in the castle since 1948….

halloweencartoonvampire-1

For those who prefer to get their fix of all things gothic and horror in paperback, we recommend Angela Carter’s The Infernal Desire Machines of Doctor Hoffman and the prequel to Silence of The lambs, Red Dragon.

There are lots more wonderful, frightening, dark offerings to experience this Halloween, why not share your favourite films, books and music with us….

Addams Family Banner Halloween.jpg

 

 

 

 

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High Praise and New Headquarters For Leading Fathers’ Charity

28 Friday Oct 2016

Posted by Natasha in child welfare, Researching Reform

≈ 7 Comments

Pioneering lone fathers charity Dads House has had a wonderful week. It has just moved in to its shiny new office in London, after becoming the first charity in Europe to offer lone and single fathers temporary accommodation.

CEO and founder, Billy McGranaghan, shared a photo of the new headquarters:

DadsHouse office.png

Dads House also received an email from a father the organisation helped recently, which describes why the charity is so special, and why the work they do is vital. It also highlights the ongoing lack of support for single parents and lack of care by councils across the country:

“It’s been 3 long years since I became a single Father. I was working and coming home to my beautiful son. After 9 months of what seemed like constant arguing and fighting to maintain a family unit for my boy, I had become exasperated by the relationship between my son’s mother and I. So before he turned 10 months old I had split up with his mother and relocated back to Enfield from Oxford.

I had moved back into my mother’s place. Whilst I got back onto my feet it took about a year before I found employment again. Before I knew it, I had been given custody of Jacob via social services. It was a major change and at the time I had to support my parents. Over the next year I got comfortable in my situation. Within a 6 month period I had lost the support of both parents and I had to become a single parent full time.  My situation at my mother’s became difficult due to overcrowding.

When I initially approached Enfield housing, I had to fill out an application online. But that part of their website didn’t work. I initially thought there was a faulty link and that it would be fixed. But for whatever reason it would not work. I went into the housing office where I was told I had incorrectly answered the first form on the website. So I went through the website, again with no luck.  By that stage I felt like I had hit a brick wall. I recalled an old friend from college had told me about Dads House. So I emailed them about my situation. Billy then emailed me later that evening. The next day we spoke and he was very helpful. He then said he would get onto the council via twitter and suggested that I get in contact with my local MP.

I found that he had this energy that was quite infectious. It gave me the drive to push on. Despite the apparent wall I thought I hit. He showed me that you have to be more pushy with the council. With his help I was able to get emergency accommodation via the council. Despite being in the “system” so to speak. Billy has continued to assist me in getting me into temporary accommodation.  Dads House is a credit to single Dads. It is surprising to see there are so many other men in similar positions. I hope this testimony will help others to reach out to Dads House when they are in need.”

Dads House has a drop in session every Monday from 10am-6pm. Their offices are located on 300 Old Brompton Road, London, SW59JF

Many congratulations to Dads House, our favourite fathers’ charity and one which does an incredible amount of good. You can follow Dads House on Twitter, here. 

DadsHouse Photo

 

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In The News

27 Thursday Oct 2016

Posted by Natasha in News, Researching Reform

≈ 3 Comments

Items we feel should be right on your radar:

  • Calais: fears grow for dozens of children amid chaotic camp shutdown
  • Child sex abuse inquiry to begin ‘truth project’ work in Wales
  • Advocates Working to End Harsh School Discipline That Leads to Dropping Out, Jail

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Researching Reform For The Huffington Post: Child Refugees Are Fleeing A War We Created – We Owe Them A Place To Live

25 Tuesday Oct 2016

Posted by Natasha in Huffington Post, Researching Reform

≈ 6 Comments

Our article this month for The Huffington Post looks at some of the issues child refugees face as the first few children arrive in England this week. We discuss the topic of dental checks, the real reason why many of the children in the camp at Calais are young men and why we owe these children sanctuary.

You can catch our piece here.

huff-post-october

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Question It!

24 Monday Oct 2016

Posted by Natasha in Question It, Researching Reform

≈ 23 Comments

Welcome to another week.

The Law Society has come out against mandatory reporting of child abuse, a duty which if made into law, would require child welfare professionals to report suspected child abuse to police and other officials.

Arguing that a duty to report suspected abuse would be counter-productive, the Law Society has suggested that mandatory reporting would be overly intrusive for families involved, lead to a sharp increase in reports which would cripple an already backlogged family justice system and lead to further delays, as child welfare professionals would become “overly preoccupied” with the need to report abuse.

But emerging research paints a different picture. Although some evidence in the US suggests that criminal sanctions for failure to report suspected abuse can lead to professionals turning a blind eye to abuse over fears that this could cause the child in question more harm, much of the research to date highlights positive outcomes. Other US research implies that a larger number of abused children go on to be identified without causing additional strain to child protection platforms, and data from Western Australia shows that twice as many sexually abused children went on to be identified after the introduction of the law, there.

Our question this week then, is this: Do you think mandatory reporting of child abuse is a good or a bad thing? 

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In The News

21 Friday Oct 2016

Posted by Natasha in News, Researching Reform

≈ 5 Comments

The latest reformation ideas and consultations for family and child welfare issues:

  • Scotland: Young people in care to help reform system that is failing them
  • England and Wales: Questionnaire to help the Official Solicitor understand the issues involved when acting for a parent lacking litigation capacity.
  • Sign here if you disagree with Children and Social Work Bill’s exemption clause allowing councils to opt out of legal duties to protect vulnerable children.

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Researching Reform For Jordans: ‘Trying’ Families In Court Is Old Fashioned And Ineffective.

20 Thursday Oct 2016

Posted by Natasha in Researching Reform

≈ 11 Comments

For our column over at Jordans this month, we offer ways in which the Family Justice System can be reformed and explain why to date this has not happened.

Our recommendations include a drastic rethink of the court model, lifting professional standards so that they meet and match twenty first century expectations and placing policy inside the system which prioritises unity over separation in a family context.

You can read our article on the Jordans website, or below:

Family Court Reform: Thinking Outside The Witness Box

The President of the Family Division has recently confirmed what family law professionals have known for a long time. The system is on its knees, brutally stripped of resources and full to the brim with vulnerable families who can’t access fair representation because legal aid is all but gone. With every year that goes by, new problems layer on top of old ones. Even the President himself can’t pinpoint why care applications are rising, or why high conflict divorce cases linger on inside the system for years.

And yet the solution to the system’s woes has been in plain sight for some time.

The Family Court currently works on the underlying premise that families in crisis must be ‘tried’. The idea stems from the family courts’ own personal history, as the vast majority of judges tasked with overseeing family matters started out in the criminal justice system. Notions of trials, reason without passion (and by extension, often, compassion) and right and wrong have given us a process that’s far too basic to deal with the very complex emotional and social legacies families harbour.

This line of thinking then, represents a significant flaw inside the system which sits at the gateway and colours every aspect of the process.

As our understanding of the human condition, and family breakdown, increases with each scientific advance, a model which starts inside a court room is clearly outdated. We know that vulnerable families can’t respond to support if their emotional, psychological and medical needs aren’t met first, and we also know that a system which bullies or threatens its users into submission isn’t actually solving problems at all. And yet, we continue to use this model.

There is understandable concern that a redesign of the Family Justice System will reduce lawyers’ roles further, especially in light of past legal aid cuts and the President’s latest calls for mediation and other holistic interventions, but lawyers are still needed to oversee the legal aspects of adoption and divorce. The answer lies in rearranging the order in which things are done, and ensuring everyone has the tools they need to deliver effective services and support.

The largest source of difficulty for the Family Court lies in the enormous delays it faces due to a backlog of cases. This is because problems are not dealt with in the first instance and so families either re-enter the system or remain inside it for long periods of time, all of which drains the system of precious time and resources. The Family Court is designed to gather evidence and then make a decision about the right way forward for families, but it can only do this with any measure of success if the quality of the evidence that it gathers is high. In order to gather sound evidence, we must start with how we gather it.

Training

Whether the system requires information about families’ abilities to function and support children or frank disclosure about finances in divorce, the key to collecting the best information possible lies in training professionals to the highest standards. The social work sector has been criticised heavily for its poor training and lack of information for practitioners, which in turn led to chief social worker Isobel Trowler to make several recommendations for improving training.

However, this is not enough. Every university and institution must look to the latest and most progressive scientific research on child welfare and incorporate that into each degree. Information should also be made available online, not just to social workers, but to the general public. This outstanding selection of easy to follow social work videos from a university in North Carolina is designed to showcase the social work programme on offer, but it does something very clever too – it offers incredibly helpful information and effectively shows the deeply sophisticated way in which social work can function. The transparency of having this information available online also builds trust and helps to raise social work’s profile in a positive and powerful way. Universities all over England offering social work programmes should produce videos like these regularly as a matter of course.

In private family law cases for example, leaving the finances to a very basic Form E is also old fashioned and continues to suffer with half-hearted disclosures. As part of the divorce process, independent forensic accountants should be sent briefs and given a structure with which to work in, to ensure disclosure is full and frank. A report should be produced by these forensic accountants outlining any areas of concern or recommendations moving forward. All of this should be inexpensive or free of charge and subsidised by the government, and available to everyone, not just the super rich. The impact would be tangible: less time wasted arguing about what may or may not have been disclosed and less money spent by the government on court time.

Hand in hand with practical solutions to problems should be a data hub where everyone can access the latest information, in simple English, as well as explanatory documents which outline the issues and offer practice guidance for social workers and other child welfare professionals inside the Family Court. A proposal to create a Family Law Hub could offer a solution. This hub could hold all the latest information, and analysis on research and related data.

Standards also have to be lifted. For a long time, social work has used the ‘good enough’ threshold when labelling content used for training purposes and tends to sideline ‘best practice’ as desirable but not necessary. This is not good enough. Social work must be aiming for ‘best practice’ every time. Only then will frontline services improve and offer system users the kind of support they need, and deserve.

Counselling

Getting the best evidence possible doesn’t just rely on excellent training of child welfare professionals but on the wellbeing of those who hold that evidence. Family breakdown whether it’s occurred after ten months or thirty years, often leads to deep mistrust between couples which can affect every part of the divorce process. It can also make cases protracted and judges can see the same families bouncing in and out of court on a regular basis.

Reducing the volume of traffic inside the Family Court only requires the system to address the underlying causes of conflict. Whilst it wouldn’t be realistic to assume that entrenched conflict could be resolved in a few months with the help of a counsellor, it is possible to bring parties to focus by supporting their emotional pain and helping them to process it. Excellent counsellors can help in this area, and for couples with lower levels of conflict a compassionate mediator who is also trained in psychology could help divorcing couples stabilise enough to work through the issues before them. Mediation as the system offers it today remains for the most part ineffective, due its overly matter of fact approach, but could be helpful once parties have accessed emotional support.

Conference Rooms, Not Courts

Court rooms today dealing with family matters have begun to change. Judges have, both consciously and unconsciously altered the layout of their court rooms to make them look less formal. Some judges refuse to sit in an elevated position, above the parties to a case in the room, and others have opted to place chairs in a circular position around a conference style table. The ideas that the system is delivering justice, or ‘trying’ parents have indirectly at least begun to wear away, and what’s left is a system trying to be something more practical, and proactive.

The Family Drug and Alcohol Court is an excellent example of a model which works. Whilst there should be some debate about whether a court house is the right venue for such models, the model itself is effective. Offering vulnerable families one on one support for substance and alcohol abuse, with a view to keeping families together, its first report was phenomenally encouraging. This has been followed by  another more recent review which echoes the first: the programme offers long term results and prevents children from being taken into the care system. It also saves the government money.

More informal forums should be used to debate the issues in a case. Lawyers should not have to attend court houses for family law matters which do not involve criminal issues; designated, approved spaces would create a professional and modern environment in which to process family disputes.

Along with more relaxed spaces for families and children, the system should also look to digital solutions inside the conference, or court room and elsewhere. All meetings and hearings should be visually recorded, or at the very least audio recorded and copies of these recordings should be sent to the relevant families and individuals involved in a case.

These are just some of the things the system could do to modernise and deliver fast, effective solutions, however a significant problem must also be addressed in any reimagining of the Family Court. The system must focus on working to a policy which drives support for vulnerable families with a view to trying to keep children from entering the care system. This will require a tremendous cultural shift which may be resisted due to potential short term cost implications, but it is a vital element in the modernising of our justice system, to ensure families are not torn apart where unnecessary and to protect the system from a terrible fate: complete collapse. 

Jordans Pier

 

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The Buzz

19 Wednesday Oct 2016

Posted by Natasha in Researching Reform, The Buzz

≈ 4 Comments

Important news items and updates:

  • National Audit Office: Protection for vulnerable children is “unsatisfactory and inconsistent.”
  • Report: Marriage and Civil Partnership (Minimum Age) Bill – Bill hopes to raise the minimum age of consent to marriage or civil partnership from 16 to 18, and to create an offence of “causing” a person under the age of 18 to enter into a marriage or civil partnership.
  • Government Can’t Answer Basic Questions On Domestic Violence and Litigants In Person 

Buzz

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Professor Jay: I Won’t Reduce Child Abuse Inquiry Scope

18 Tuesday Oct 2016

Posted by Natasha in Researching Reform

≈ 4 Comments

Having recently promised to deliver a new strategy  for the Child Abuse Inquiry “within a few weeks”, Professor Jay powered ahead and produced that strategy yesterday.

Professor Jay has always been adamant that the Inquiry’s scope would not be limited, and she has stayed true to her word. Whilst the Chair will be reducing the number of public inquiries taking place, she will not be limiting investigations or changing the terms of reference.

In the document, the Chair for the nation’s Independent Inquiry Into Child Sexual Abuse, outlines a new format for investigating non recent, and recent child abuse which divides the Inquiry into four strands:

  • Cultural: This strand will examine the attitudes, behaviours and values within institutions that have so far prevented the UK from stopping child sexual abuse.
  • Structural: This looks at the legislative, governance and organisational frameworks within and between institutions.
  • Financial: This has been added to consider the financial, funding and resource arrangements for institutions and services that are relevant to the Inquiry’s investigations.
  • Professional and political: This strand will focus on leadership, professional and practice issues for those working or volunteering in relevant institutions.

In a statement on the Inquiry website, Professor Jay said:

“I want to focus on prevention without neglecting the past.  Lessons have to be learnt from institutional failures and any cover-ups that have come to light.  Only in this way can we look to the future with confidence.  I regard calls for us to forget the past with a degree of scepticism, not least because some institutions may have the most to hide and a vested interest in not turning a spotlight on what happened in the past.  We will remain vigilant for other issues that may arise but this framework will provide the right basis for planning, prioritising and delivering the Inquiry’s work.”

“A significant amount of work has been completed in relation to the review.  If we form the view that change to our existing investigations may be necessary, we will ask the relevant core participants, and any others who are directly affected for their views, before any decision is taken.

“I believe that concerns that our Terms of Reference cannot be delivered are founded on an assumption that we must seek to replicate a traditional public inquiry in respect of each of the thousands of institutions that fall within our remit. We will do so for some, but we would never finish if we did it for all.

“Our approach is intended to fulfil the commitment I made on my appointment – to ensure that the Inquiry is driven forward with pace, confidence and clarity.  By doing so, the panel and I believe that we can make substantial progress towards completing the Inquiry by the end of 2020.”

Professor Jay says she wants to produce a report which will focus on the underlying issues and this thematic approach, looking at child sexual abuse through the strands above, she hopes will achieve this. The Inquiry Chair has also pledged to make the Inquiry’s work more visible and accessible.

The new strategy can be accessed in full, here. 

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Goddard: The Inquiry’s Latest Scapegoat?

17 Monday Oct 2016

Posted by Natasha in Question It, Researching Reform

≈ 14 Comments

Welcome to another week.

In what’s beginning to look more and more like a silly tit for tat, new rumours have surfaced which suggest former Child Abuse Inquiry Chair Lowell Goddard was a racist tyrant who treated junior staff badly.

We find this hard to believe. As a woman of Maori origin, and the first Maori to be made a High Court judge in her native New Zealand, Goddard will most likely have had to tackle racial biases in her personal and professional life. Maoris have been subjected to appalling treatment throughout history, a legacy which lives on in New Zealand’s current policies and prison population stats.

But it’s not just Goddard’s ethnic background which makes the allegations suspicious. Goddard was also the first panel member to suggest that her departure was due in part to internal problems at the inquiry.

Fast forward to the next Chair, Alexis Jay, who within a few days of taking office swiftly suspended the Inquiry’s lead counsel for what was described in an official statement at the time to be concerns over the team’s management.  The Inquiry’s lead lawyer then hired lawyers of his own to defend the claims.

And then, it all went quiet.

What followed was an astonishing back pedal. Gone was the decision to investigate internal conduct at the Inquiry and in its place a polite, perhaps diplomatic, statement by the Inquiry, which completely glossed over the concerns. It seemed as if the escalating legal battle between the Inquiry and former members of the panel had been stopped in its tracks.

With that fiasco behind it, the public and survivors were optimistic that the Inquiry would move on and get on with its work, and so the latest series of allegations against a former Chair are both strange and unwelcome. There’s little mileage for survivors in this development, and no real value to be had from casting aspersions on a Chair who is no longer at the Inquiry. It also seems odd that these allegations have come out now, long after Goddard’s own resignation.

Goddard’s full statement addressing the allegations against her, which has just been published over in New Zealand, makes for an interesting read. Whatever issues existed about her competence to run the Inquiry, she was clearly not doing the work for money or fame.

Senior civil servant Mark Sedwill has been asked to come before the Home Affairs Committee tomorrow to address claims that he was made aware of the allegations against Justice Goddard. It will be interesting to see what he has to say about the claims, and whether there really was a cover up, or the allegations themselves were considered to be spurious upon investigation and so set aside.

So our question this week then, is simply this: what do you make of the allegations?   

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