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Children on their Rights in Care Dr Roger Morgan OBE Childrens Rights Director for England Independent Childrens Homes Association Conference 2010, Worcester

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The Childrens Rights Director: (commercial slide!) Independent post with statutory personal functions Including consulting children without third party permissions Hosted by Ofsted (previously DH, then NCSC, then CSCI) Children and young people in care, or receiving social care support, or in residential education, or family centres, or care leavers, regarding their rights and welfare (Not the Childrens Commissioner!) Ascertaining childrens views Advising on rights and welfare Raising issues I consider significant Input to Ofsted and to Government

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A Right is something you should always be able to do, to have, to know, to say or to be protected from

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Sources of Childrens Rights in the UK UN Convention on the Rights of the Child Human Rights Act UK Primary Legislation on children UK Secondary Legislation Regulations Statutory Guidance National Minimum Standards (where applicable) Legal case law Childrens Rights Director statutory advice

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Different approaches to rights Protective Pragmatic Libertarian

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THE NINE BASIC RIGHTS FROM CHILDRENS RIGHTS CONSULTATION 2010 The right to be safe from harm The right to well-being The right to be alive and well The right to learning and education The right to enjoy life The right to be oneself The right of all people to be treated equally and fairly The right to socialise with other people The right to have a say in ones own life

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CHILDRENS TOP TEN RIGHTS To be protected from abuse To have an education To be helped to keep alive and well Not to be discriminated against because of my race, colour, sex, language, disability, language or beliefs Not to be treated or punished in a way that is cruel or meant to make me feel bad about myself Special help for any child with a disability To have privacy Not to be bullied To keep in touch with my parents, grandparents, brothers and sisters if I want to and they want to, wherever we all live To have my private letters, phone calls, emails & messages kept confidential

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CHILDRENS TOP TEN RESPONSIBILITIES Responsibility for your own behaviour and actions Making use of your education Showing respect to others Responsibility for your own safety Looking after others Looking after yourself Your own health and hygiene Carrying out your responsibilities around the house Looking after the environment Giving your opinion

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Service rights in the UK It shall be the duty of a local authority looking after any child (a) to safeguard and promote his welfare; and (b) to make such use of services available for children cared for by their own parents as appears to the authority reasonable in his case. The duty of a local authority under subsection (3)(a) to safeguard and promote the welfare of a child looked after by them includes in particular a duty to promote the childs educational achievement. Children Act 1989 Section 22(3)

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The consultation right in the UK UK Children Act 1989 ascertain and give due consideration to the [individual] childs wishes and FEELINGS, subject to [age] and understanding

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Decisionmaking the individuals rights in context In day to day decisionmaking, staff demonstrate an appropriate balance between: Each childs wishes and preferences The needs of individual children The needs of the group of children resident at the time The protection of others (including the public) from harm National Minimum Standards for Childrens Homes

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The carers default duty A person who does not have parental responsibility for a particular child; but has care of the child, may (subject to the provisions of this Act) do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the childs welfare. Children Act 1989, Section 3(5)

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Children on childrens homes Best things are the staff, activities and making new friends Worst things are missing your family, rules and living with people you dont get on with A good childrens home is spacious, in good repair, homely, has individual rooms and has plenty to do It is near to local activities and shops and not in a bad area Good childrens home staff are kind, caring, listen, help with problems, are happy, not moody and are easy to get on with Biggest danger is bullying and other young people Main factor keeping children safe from danger and bullying is the staff Main factor helping with education is the staff, then incentives Main factor in staying healthy is diet, then exercise Main preparations for the future are learning practical skills and support from staff

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Children on secure childrens homes A safe place out of trouble, safe from bullying inside, safe from people outside who would harm you Welfare and criminal divide Loss of freedom, away from family and friends, boredom Staff are key Having your own room Rooms and spaces too small, ventilation a problem Food, activities, ability to socialise all important Education seen as either good or bad Protected from bullying, but affected by others kicking off Miss smoking and usual teenage activities Fear of returning to trouble on leaving

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Core points Please dont always believe an adult over a child Always take what a child says as seriously as what an adult says Please dont make a looked after child stand out A child has a right to have what they are entitled to

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Policy rights sought by children (1) Treat me as an individual, not one of a group Dont apply targets when deciding for individuals Let me get to know a placement before I move in dont place me with strangers Keep giving me information Have an agreement about touching or being alone with a child Check for risky times and places for bullying or dangers Give us a choice of staff member to go to for help or advice Keep asking us about our views and concerns Keep me informed Make sure I know what I am entitled to and what Im not

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Policy rights sought by children (2) Only restrain me to stop me injuring myself or someone else or seriously damaging property Dont restrain me as a punishment or to make me do what I am told Dont hurt me when you restrain me Know how to calm me down when I kick off Only give people information about me if they really need to know Make sure I can talk to someone independent when I have run away If I run away, check whether I ran just to have fun, or to go somewhere I want to be, or to get away from something here

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Care and prejudice Being from care makes others treat you differently sometimes better, sometimes worse Main sources of difference are that you live away from family and have had different life experiences Public sees children from care, and especially from childrens homes, negatively 45% of children in care worry about others knowing they are from care Being from care is a trigger for being bullied Later, being from care can make getting accommodation or employment difficult

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Siblings 81% of those with at least one brother or sister also in care had been separated from at least one brother or sister Separation of siblings more likely for those in childrens homes than those in foster care Children request visits, phone contact, email contact, and photos

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Grading contribution to decisions The Decision Score 1. Youve no preference I decide 2. I decide but I know what you want me to say 3. I can say no to what you want, and that will stop you 4. If I want to stop you, Ive got to argue my reasons with you 5. I can object and you will take some notice of that 6. Youll only listen if I can convince you to change your mind 7. I can object, but I dont think that will make any difference 8. Youll decide your way unless something serious happens 9. Youve already decided whatever anyone else says 10. There is no decision it is the same policy for everyone I do not know how this gets decided - or who decides

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Assessing understanding for decisions Once its fully explained does the young person understand: The question? The reasons behind it? What the alternatives are? What will happen if they decide one way or the other? Can they weigh things up for themselves? Can they say what they want for themselves? Can they keep the same view, not keep changing it?

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Findings from Childrens Care Monitor 2009 50% of children are usually or always asked their opinions about things that matter to them 48% say their opinions, when asked, usually or always make a difference to decisions about their lives 69% say adults usually or always tell them when changes are going to happen in their lives

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Care planning (from 2009 Monitor) 73% stated they had a care plan 76% of those knew what was in their care plan 65% of them had a say in what is in their care plan 68% of them agreed with their care plan 82% of them said their care plan was being fully kept to

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Children on placement Can there be a choice of placement, and a backup if I dont settle in the first one? 54% considered their last school change because of placement change turned out to be in their best interests 68% of placement changes were in the childs best interests 81% say they are currently in the right placement

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PLANNING, PLACEMENT & REVIEW REGULATIONS issues children raised Avoid moving schools in years 10 or 11 Placements not to end other than through a review (other than emergency) Placements usually near home Placements usually with brothers and sisters Questions or Standards for independent accommodation Social worker visits in first week, 6 weekly for first year, then 3 monthly [NB childrens view is monthly] Seeing their social worker alone More powerful Independent Reviewing Officers Overnight stays

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And a final message from a care leaver I want to be free of my past, better than my present, and always ambitious for my future. The only thing that can help me get there is funding and my own will power