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Researching Reform

Researching Reform

Monthly Archives: February 2020

In The News

14 Friday Feb 2020

Posted by Natasha in News, Researching Reform

≈ 2 Comments

The latest child welfare items that should be right on your radar:

  • Lawmakers Support Public Hanging For Paedophiles (Pakistan)
  • Former monk who sexually abused boys as young as nine jailed for more than 20 years (England)
  • State’s first conviction for coercive control handed down in Donegal Circuit Court (Ireland)
  • Strict new measures to protect vulnerable children in care (England and Wales)

Many thanks to Catherine for sharing the third item with us.

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Voice of the Child Podcast – Forced Adoption

13 Thursday Feb 2020

Posted by Natasha in Researching Reform, Voice of the Child Podcast

≈ 7 Comments

In our second podcast, the Voice of the Child speaks with a mum who lost her two children through non-consensual adoption practices in the UK family courts.

A victim of forced marriage in her home country, and sexually trafficked in several locations around the world, Moksha* finally found safety in the UK.

She reached out to her local council for help acclimatising to life in the UK and for her daughter’s schooling. She never expected social services to take her children away.

Despite distancing herself from her abusive partner and showing signs of significant improvement in her mental health, social workers refused to consider reuniting Moksha with her children.

In this interview, Moksha talks about what happened to her and her children, how she navigated the court process without legal aid, and what she saw inside her local council and the court room.

Many thanks to Legal Action for Women (LAW), for organising this interview. And a special thank you to Moksha for courageously telling her story.

You can listen to the podcast here. 

#VOTC

*Moksha is a pseudonym.

Screenshot 2020-02-12 at 17.03.18

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Councils Must Upload All Child Protection Documents For New Online Court Portal

12 Wednesday Feb 2020

Posted by Natasha in Adoption, event, Family Law, Researching Reform

≈ 9 Comments

Councils requesting care and supervision orders will be required to upload every document relating to a child’s case onto a new online portal, HMCTS (Her Majesty’s Courts & Tribunals Service) has said.

The confirmation came after this site sent in a series of questions to HMCTS, for an online event the court body held on 23 January highlighting digital reforms in child protection and adoption cases.

The panel included Ed Owen, HMCTS’s Communications Director, Emma Petty, the Service Manager for the HMCTS reform project and Deputy Service Manager Jason Lewellyn.

Screenshot 2020-02-10 at 10.18.00

Answering our question about whether local authorities would need to upload every document relating to a public family law case throughout the life of that case to make sure records were accurate and complete, Emma Petty said:

“It’s certainly our aim. By looking at the demo, you can see how easy it is just to go to your browser and upload the relevant documents.”

She added, “It’s really important to treat that case management system they have access to as the digital file, and have all of the information in the one place that everyone can access.”

We also asked whether public family law applications would have to go through an online vetting process to make sure they were appropriate. In response to this question, Emma explained that it would be the local authority who would submit the application and as part of the online process there would be “an element of validation”, and “mandatory fields” which local authorities would have to fill out during the submission process.

However, emergency applications would be unrestricted, allowing councils to submit these with little to no scrutiny during the uploading stage. Emma went on to say that once the digital service was in place, emergency applications would continue to be vetted by the court in the first instance.

We sent in two further questions which were not answered live:

  1. If councils upload documents, what recourse will there be if any errors are found inside those documents, and if they can be edited, how will those changes be recorded?
  2. There is an enormous challenge at the moment with factual inaccuracies inside family court documentation, which can have life altering effects on families and children, as the system currently does not offer a proper pathway to rectify those errors. Will the new system aim to address that challenge and if so, how?

During the conference the HMCTs panel confirmed that the service could not be used for all child proceedings. Only requests for care orders, supervision orders and emergency protection orders will be able to be submitted through the portal.

This piecemeal approach is likely to cause concern among researchers, as elements of a child’s case could go unseen, or get overlooked during proceedings.

Several more questions were asked during the event, and included whether the new online system would require councils to input form data manually rather than the ability to upload that form as a whole document.

Miss Petty said that manual input for forms was often required to unlock the various tools available inside the new portal but that the digital team at HMCTS would be responsive to feedback about whether the measure increased councils’ workloads.

Jason Lewellyn explained that while the process may initially be more time consuming, it would speed up the life cycle of the case as all of the data would then be available in one place and much quicker to find.

Another question asked was how the service planned to deter judges from printing out bundles and using the new portal in a system where, culturally, digital innovation had been resisted. Emma said the service had been engaging with a judicial working group to try to provide an online service that was user friendly to everyone.

Not all of the questions sent in were answered during the session, but HMCTS has confirmed via email that answers to those questions will be offered in writing on the HMCTS website shortly, with a first draft of those answers expected next week.

While the service is still only running pilots in selected areas and courts, the next phase of the reform programme will begin in March, with HMCTS sending out email notifications to councils nationwide about when the service will be ready for use, and information on how to register.

Many thanks to the panel for answering our questions, and to Indie at HMCTS who helped us send the questions through and answered our queries about the event.

Links:

  • HMCTS Reform online event, 23 January 2020: Family Public Law and Adoption
  • The HMCTS reform programme

 

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The Buzz

11 Tuesday Feb 2020

Posted by Natasha in Researching Reform, The Buzz

≈ 1 Comment

The latest child welfare items that should be right on your radar:

  • Children: parental responsibility – how it’s gained and lost, and restrictions (England and Wales, House of Commons Library, Briefing Paper)
  • 5 years, $7 million in legal fees and no end in sight: Foster-care lawsuit drags on (US)
  • More than a third of children say they find it easier to be themselves online than offline (UK)

Buzz

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Family Court Access For Journalists and the Public – Call For Evidence

10 Monday Feb 2020

Posted by Natasha in Consultation, Researching Reform

≈ 14 Comments

The President of the Family Division, Andrew McFarlane, has put out a call for evidence, as part of his review of the current reporting and public access regulations for child proceedings.

The initiative is called The Transparency Review, and McFarlane is inviting any person or agency who wants to submit evidence, advice or other material to send it through to his office.

McFarlane has assembled a panel to help him with this process:

  • Dr Eia Asen (consultant child and adolescent psychiatrist)
  • Anthony Douglas CBE (former chief executive of CAFCASS)
  • Clare Dyer (former Legal Editor of The Guardian)
  • Nicola Shaw CBE (Executive Director of National Grid).

The website page with details of this initiative explains there are three questions of particular interest that the Review would like information on:

  • Is the line currently drawn correctly between, on the one hand, the need for confidentiality for the parties and children whose personal information may be the subject of proceedings in the Family Court, and, on the other hand, the need for the public to have confidence in the work that these courts undertake on behalf of the State and society?
  • If not, what steps should be taken to achieve either greater openness or increased confidentiality?
  • Do you have any observations on the Practice Guidance: Family Court- Anonymisation Guidance issued by the President on 7 December 2018 and the President’s Guidance as to reporting in the Family Courts, issued on 29 October 2019?

You can send your comments to The President’s Private Office at, pfd.office@judiciary.uk with the headline Transparency Review.

The deadline for submissions is Monday 2 March 2020.

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Disrupted Adoptions – What Councils Don’t Want You To Know

07 Friday Feb 2020

Posted by Natasha in Adoption, Researching Reform

≈ 49 Comments

Adoption was once viewed as the best solution for children in care, but research has proven that the only winners are councils and companies investing in the process.

While the world has become familiar with the UK government’s misguided practices when it comes to adoption – from financial incentives and targets for placing children, to taking children from birth parents without their consent – the phenomenon of disrupted adoptions has been kept quiet by agencies and local authorities with a vested interested in child placements.

This secrecy also validates the myth that adoptions are permanent, and are never undone. But adoptive families can give children back, and they are doing so at an alarming rate.

The technical term for this is adoption disruption, and happens when an adoption falls through, or adoptive parents decide to give their adopted children back to the agencies which hosted them.

Whether by omission or design, stats on adoption disruption are sketchy and there is currently no legal requirement on adoption services to keep a record of how many adoptions fall through or fail.

A Freedom of Information request in 2018 found that adoption disruption had been on the rise since 2012, peaking at 2016 and included breakdowns which happened after an initial placement was made.

Across all 152 local authorities the request revealed that there had been 87 breakdowns in 2012-13, increasing to 160 in 2015-16 and 132 in 2016-17. The figures offered are likely to be conservative estimates, according to Children and Young People Now Magazine which made the request.

However, some experts say at least one in five adoptions (20%) in the UK fail.

The latest stats, which haven’t been collected for 2018-2019 are likely to show a spike in disrupted adoptions, after several parents who spoke to the BBC said they had given back their adopted children because they were unable to cope with their needs.

It’s a heartbreaking scenario, and one which councils and adoption agencies must shoulder a large portion of the blame.

Adoption is a much cheaper option when compared to foster care and family support, as it allows councils to shed themselves of children, and the associated and often significant costs that go with fostering and social care.

Placing children in adoptive families means councils and agencies no longer have to bear the financial costs of child care, which are transferred, often in full, to the adoptive parents.

To enable these placements, social services teams and independent adoption agencies are not being honest with adoptive families about the children on their books.

Poor data collection and an at times wilful failure to produce proper Life Story Books – which are supposed to chronicle a child’s life fully before, during and after adoption – allows adoption bodies to present piecemeal information about a child’s complex needs.

Adoption agents gloss over details, ‘forget’ to mention a child’s complicated history and tell adoptive families whatever they want to hear to secure an adoption.

The end result: even more adoption disruption, as adoptive parents overwhelmed and un-prepared to look after a child with sophisticated needs find they can’t cope, and give their adopted children back.

Speaking to the Yorkshire Press in 2018, a woman who gave back her adopted children said she felt social services “placed the children with us and ran for the hills. I felt abandoned. None of it was the children’s fault. Their behaviour is a result of their life experience. They are not responsible for anything to do with the breakdown.”

She went on to say, “There is a lack of support, energy and finance to do anything to help. I was spinning into a point of total despair and all the social workers would say was: ‘don’t worry, you are doing a fantastic job’. There was no recognition, no offer of support. What me and the children needed was just dismissed.”

And it’s not just adoptive parents who get short changed in the process. Birth parents are also abandoned, as councils prioritise cost-cutting over genuine care.

Birth families who need support and assistance have for a long time accused local authorities of removing children from them when they’ve approached their local councils for help.

Councils can see the costs coming a mile away, and the temptation to remove children and place them in adoptive homes is enormous. Adoption is much easier and more cost-effective than providing birth families with therapeutic services or specialist support.

And when an adoption order is made, birth families lose all legal rights to their children, so that when adoption disruption takes place there is no onus on the adoptive family or the agency to notify the birth parents of the change.

This oversight also limits the ability of councils to place children back with their birth parents, who may have turned their lives around or may now be able to demonstrate meaningful changes in their lives which would allow reunification.

But what about the children? By far the most important people in this process, they are reduced to numbers, data and failed policy, rather than highlighted and held up as our central priority, which of course, they should be.

We already know that an unprecedented number of children are being bounced around the care system, and research shows this is damaging children and their development. 

We also know that adoption only works for a minority of children, and that quality of life is far more important than securing an adoption placement with families who are clearly not appropriate.

The myth that adoption is permanent, and offers a fairytale ending to a child’s difficult life journey, falls far short of the truth.

Links:

  • Judge slams ‘outstanding’ council for breaches of law and guidance in ‘biased’ adoption application
  • Disruption of Adoptive Placements – Nottingham City Council Guidelines
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Image by Hans Kretzmann

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The Buzz

06 Thursday Feb 2020

Posted by Natasha in Researching Reform, The Buzz

≈ 3 Comments

The latest child welfare items that should be right on your radar:

  • Forced Adoption Hotline Gets 500 Reports  – around half of the reports came from children who were adopted
  • Independent Care Review Reports from Scotland
  • Unseen evil: Sex abuse in families going under the radar, say inspectorates

Buzz

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TODAY: Commons Debate on Child Sexual Exploitation in Manchester

05 Wednesday Feb 2020

Posted by Natasha in child abuse, Researching Reform

≈ 4 Comments

The House of Commons is hosting a debate on Operation Augusta, a police and social services investigation into child sexual exploitation in South Manchester, which was launched in response to the death of a 15 year old girl, Victoria Agoglia.

The debate, which was raised by Graham Stringer MP, takes place today in the House of Commons from 9.30am – 11am.

Victoria had been in the care of Manchester City Council when she died in 2003, after being injected with heroin by a 50 year old man, in his home.

Police and social services were aware that Victoria was being targeted by sexual predators. Victoria had also told social workers and police that she was being injected with heroin.

After calls for a review into how the police and social services handled the case, a report into her death was published on January 14, 2020.

The damning report found that the coroner at her inquest had, “significantly” underplayed the coercive control Victoria had been subjected to in relation to the sexual exploitation she had suffered. It also confirmed that while authorities knew Victoria was being sexually exploited, the child protection procedures available were not implemented to protect her.

The report also noted that detectives working on Operation Augusta had “built up a compelling picture of the systematic exploitation of looked after children in the care system in the city of Manchester”.

The debate can now be read in the Hansard, which you can access here. 

Links:

  • Parliament Page on today’s Operation Augusta Debate (very good summary and resources)
  • Politics Home: Graham Stringer MP – The failure of Operation Augusta gives us reason to doubt improvements on child protection
  • January 2020 Report Into Victoria’s Death
  • Manchester Evening News: Coroner ‘significantly underplayed’ child sexual exploitation in Victoria Agoglia’s death – report says

Screenshot 2020-02-05 at 10.25.04

 

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Voice of the Child Podcast with Lord Dubs

03 Monday Feb 2020

Posted by Natasha in Researching Reform, Voice of the Child Podcast

≈ Leave a comment

In our first Voice of the Child podcast, Lord Dubs takes us from the House of Lords to the appalling conditions inside some of Europe’s refugee camps, as he fights for child refugees to be reunited with their families in the UK.

In a dramatic stand-off last month between ministers and peers, an amendment to the EU Withdrawal Bill by Lord Dubs ensuring children fleeing war and conflict would be guaranteed a safe pathway to join family members already in Britain, was approved by the House of Lords. But the amendment was then set aside by a final vote in the Commons.

In this interview Lord Dubs talks about the heartbreaking experiences of children in migrant camps, why he’s critical of alternative proposals for child refugees, and his concern that the government is weaponising rising anti-immigrant sentiment in Britain.

 

Get Involved:

Sign the Petition

Write to your MP

Donate life-saving clothes and equipment

Make a monetary donation 

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Voice of the Child Podcast – Coming Soon

03 Monday Feb 2020

Posted by Natasha in Researching Reform, Voice of the Child Podcast

≈ 6 Comments

Welcome to another week.

Researching Reform has been working quietly behind the scenes to bring you a new podcast – The Voice of the Child.

In this unique series, we explore how politics, justice and human rights impact children.

From immigration, terrorism and sexual exploitation, to forced adoption, foster care and the family courts, the podcasts feature leading experts, families and children with in-depth knowledge of these issues.

Our first podcast launches very soon.

You can listen to Voice of the Child on Soundcloud. 

VOTC Teaser ScreenShot

 

 

 

 

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