• About
    • Privacy Policy
  • GSW
  • Guide To Making A Subject Access Request
  • In Dad’s Shoes
    • An Overview
    • Invitation
    • Media
    • Photos
    • Press Release
    • Soft Launch
    • Speeches
    • Summary
  • Media Coverage
  • Parliamentary Debates
  • Voice of the Child Podcasts

Researching Reform

Researching Reform

Daily Archives: March 5, 2018

Department For Education Blocks Mandatory Reporting Of Abuse – And Survivors From Suing Councils

05 Monday Mar 2018

Posted by Natasha in child abuse, Researching Reform

≈ 18 Comments

In a predictable move, government ministers have shut down the idea of implementing legislation that would make it compulsory for child welfare professionals to report suspected child abuse, after reviewing a consultation on the issue.

The consultation was published today, though unusually, no formal announcement was made.

The Department For Education, which currently oversees all child protection matters, says in its summary that the government, “has considered the issues objectively and from the point of view of what would likely be best for children – informed by, but not bound by the result of the consultation.” 

An article in Care Appointments (linked to above), tells us that the consultation received “over 760 responses from social workers, police officers, local government, children’s charities, educators and health professionals, victim support groups, and other members of the public,” and that “the majority of responses disagreed with the concept of introducing new statutory requirements.”

The NSPCC, which made a submission, has been anti mandatory reporting since 2016, but as a government arm (it literally manages almost every aspect of child welfare policy for the government), that’s to be expected. And whilst our social work sector remains ultra defensive about implementing this duty –  see chief social worker for children and families, Isabelle Trowler’s statement on the government’s response, the decision not to implement compulsory reporting has nothing to do with the evidence submitted to the consultation, and everything to do with the impact it would have on some survivors’ abilities to sue councils for child sexual abuse, which is part of a wider move by the government to stem claims, which are crippling the social care sector.

A legal duty to report suspected child abuse would mean that if a professional failed to report a suspicion, a visible line between state and survivor could be drawn, allowing the victim to sue, and claim substantial damages.

The Department For Education, and The Home Office, which also oversaw the consultation, are well aware of this.

The decision though, flies in the face of a growing trend towards mandatory reporting.

In 2016, we wrote a piece for Lexis Nexis, in which we outlined the growing number of countries implementing the duty, and the body of research which highlights clearly the positive impact of such a duty.  In America, around 48 states enjoy this legal duty, with some extending their lists to include even more professionals bound to report suspected abuse – a new Bill in Ohio is being considered this month which wants to include police officers, and California, which has also implemented the duty to report, continues to encourage reporting, off the back of its success in reducing child abuse.

Always ahead of England these days when it comes to enacting excellent child welfare legislation, Ireland made the duty to report abuse compulsory, in December of last year. 

Calls to make reporting abuse a legal responsibility have come from several corners of the UK. Survivors abused by priests have backed the duty, which would be particularly effective in safeguarding children in this context, as religious organisations have been notoriously poor at protecting children from paedophiles within their ranks. The duty would also prevent the Church and other religious groups from claiming that confidentiality remains a god given privilege for abusers within a religious setting.

A BBC documentary about girls who were sexually abused in Rochdale also led to some social workers exploring the idea of a duty to report, and an ITV expose last month about abuse within boarding schools called on the government to make reporting a legal requirement within schools.

And the research in favour of a duty to report is overwhelming. Research produced in 2016 by researchers based in the State of Western Australia, which currently has a duty to report too, looked at the impact of the legislation over a seven year period. The study concluded that after a short adjustment period, not only did the duty to report not create an added strain on the state’s child welfare sector and police force, but it actively helped to detect and prevent genuine cases of child abuse.

The government summary on the consultation tells us that the system already has everything it needs in place to protect children from abuse and that it’s doing just fine.

Who do they think they’re kidding.

legal duty to report child abuse

 

 

 

 

 

 

 

Share this:

  • WhatsApp
  • Pocket
  • Telegram
  • Share on Tumblr
  • Email
  • Print

Like this:

Like Loading...

Petition Calls For Review Into Professional Bias Against SEN Families

05 Monday Mar 2018

Posted by Natasha in child welfare, petition, Researching Reform, social services, social work

≈ 7 Comments

A petition is calling on the government to prevent child protection professionals from incorrectly removing children from Special Educational Needs families.

The petition was created by a mother using the handle ‘Autistic Parent’, and is addressed to the Department For Education; Minister for the department, Robert Goodwill MP; Jeremy Hunt MP; and Dr Philip Lee.

In its summary, the petition states:

“False accusations of child abuse in the form of emotional harm and MSBP/FII happen across the board in the UK, but seem to be particularly focused on parents of children with special needs.

Situations such as:

  1. Asking a school to provide more support for their child or challenging lack of provision/school failings;
  2. Appealing to SENDIST regarding an EHCP;
  3. Requesting support from social services for your child’s difficulties;
  4. Seeking a health assessment for your child’s difficulties, particularly ASD, chronic fatigue, Ehlers Danlos;
  5. SEN child school-refusing;
  6. Cover-up of medical/diagnostic/administrative negligence or error, challenging a health professional’s opinion, or ignorance of a medical or neurodevelopmental condition;
  7. Services wanting to prevent access to expensive resources and disliking a parent’s persistence;
  8. Parent having ASD and being misunderstood or misrepresented by professionals;
  9. A culture of parent-blame;
  10. Circular assurance/professional bias/professional defensivism

can all result in false accusations being made against parents, causing unwarranted child protection investigations, which traumatise the children as well as the parents. Sometimes it results in removal of the children, which can be permanent, for instance by forced adoption.”

Empirical evidence for the often unnecessary removal of children from these families is also included, as is a series of recommendations the petition calls on the government to implement:

  • We request the Government writes stringent safeguards against misuse and abuse of the law, within all Acts of Parliament covering children and families and makes it law that all health/medical and neurodevelopmental possibilities are independently assessed of a child, before a referral for emotional harm or FII can be made and this to include accepting private diagnoses obtained by parents if NHS services have failed the family;

 

  • We request the Government puts in place serious penalties for any professional who misuses and abuses the law against families and sanctions LAs who pursue malicious case building based on false accusations – penalties to include financially compensating families;

 

  • We request social workers who perjure within documents or courts, who do not conduct honest and unbiased child protection investigations and comply wholly with all relevant laws, who do not honestly ascertain the veracity of allegations at the outset to include listening to parents, who emotionally abuse and traumatise children by conducting unwarranted investigations based on false allegations against their parents, are immediately and permanently struck-off and perjury is criminally prosecuted in all cases;

 

  • We request the Government issues new training procedures for all professionals in avoiding false allegations being pursued, to include changing the culture of parent-blame, knowing their legal obligations with regards to Human Rights, disability discrimination/equality, Data Protection, following the law correctly and learning on the damage caused to innocent families by false accusations;

 

  • We request that unless there is very significant evidence (as opposed to speculation and unfounded suspicion) of harm to a child, that children of parents accused of emotional harm or FII, remain with their families, where appropriate under surveillance, until medical or neurodevelopmental possibilities have been independently assessed and parents have been given a fair and unbiased opportunity to provide information and evidence regarding their child and answer allegations at the earliest opportunity (pre-referral ideally);

 

  • We request that all social workers receive mandatory training in all ASDs including the unique subtype of pathological demand avoidance (PDA) as a matter of urgency.  Too many social workers are ignorant of ASD and misjudge parenting or child’s needs.

 

You can access the petition here. 

Very many thanks to Autistic Parent fo sharing her petition with us.

Facts

Share this:

  • WhatsApp
  • Pocket
  • Telegram
  • Share on Tumblr
  • Email
  • Print

Like this:

Like Loading...

Enter your email address to follow this blog and receive notifications of new posts by email.

Join 8,014 other followers

Contact Researching Reform

Huff Post Contributer

For Litigants in Person

Child Welfare Debates

March 2018
M T W T F S S
 1234
567891011
12131415161718
19202122232425
262728293031  
« Feb   Apr »

Children In The Vine : Stories From The Family Justice System

Categories

  • Adoption
  • All Party Parliamentary Group on Family Law and The Court of Protection
  • Articles
  • Big Data
  • Bills
  • Case Study
  • child abuse
  • child abuse inquiry
  • child welfare
  • Children
  • Children In The Vine
  • Circumcision
  • Civil Partnerships
  • Consultation
  • Conversations With…
  • Corporal Punishment
  • CSA
  • CSE
  • Data Pack
  • Domestic Violence
  • Encyclopaedia on Family and The Law
  • event
  • Family Law
  • Family Law Cases
  • FGM
  • FOI
  • forced adoption
  • Foster Care
  • Fudge of the Week
  • Fultemian Project
  • Huffington Post
  • Human Rights
  • IGM
  • Inquiry
  • Interesting Things
  • Interview
  • Judge of the Week
  • Judges
  • judicial bias
  • Law to lust for
  • legal aid
  • LexisNexis Family Law
  • LIP Service
  • LIPs
  • Marriage
  • McKenzie Friends
  • MGM
  • News
  • Notes
  • petition
  • Picture of the Month
  • Podcast
  • Question It
  • Random Review
  • Real Live Interviews
  • Research
  • Researching Reform
  • social services
  • social work
  • Spotlight
  • Stats
  • Terrorism
  • The Buzz
  • The Times
  • Troubled Families Programme
  • Twitter Conversations
  • Update
  • Voice of the Child
  • Voice of the Child Podcast
  • Westminster Debate
  • Who's Who Cabinet Ministers
  • Your Story

Recommended

  • Blawg Review
  • BlogCatalog
  • DaddyNatal
  • DadsHouse
  • Divorce Survivor
  • Enough Abuse UK
  • Family Law Week
  • Family Lore
  • Flawbord
  • GeekLawyer's Blog
  • Head of Legal
  • Just for Kids Law
  • Kensington Mums
  • Law Diva
  • Legal Aid Barristers
  • Lib Dem Lords
  • Lords of The Blog
  • Overlawyered
  • PAIN
  • Paul Bernal's Blog
  • Public Law Guide
  • Pupillage Blog
  • Real Lawyers Have Blogs
  • Story of Mum
  • Sue Atkins, BBC Parenting Coach
  • The Barrister Blog
  • The Magistrate's Blog
  • The Not So Big Society
  • Tracey McMahon
  • UK Freedom of Information Blog
  • WardBlawg

Archives

  • Follow Following
    • Researching Reform
    • Join 8,014 other followers
    • Already have a WordPress.com account? Log in now.
    • Researching Reform
    • Customize
    • Follow Following
    • Sign up
    • Log in
    • Report this content
    • View site in Reader
    • Manage subscriptions
    • Collapse this bar
 

Loading Comments...
 

    %d bloggers like this: