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Young Children’s Voices Young Children’s Voices in Legal Settingsin Legal Settings
Celia Doyle and Gill HandleyCelia Doyle and Gill Handley
University of NorthamptonUniversity of Northampton
ContextsContexts In the UK there is, in most cases, a legal In the UK there is, in most cases, a legal
requirement for the child’s wishes and requirement for the child’s wishes and feelings to be taken into account, when a feelings to be taken into account, when a Family Court makes decisions about their Family Court makes decisions about their future future
Examples of matters that may be taken to Examples of matters that may be taken to Family Courts are:Family Courts are: when parents who are separating or divorcing when parents who are separating or divorcing
cannot agree on arrangements for their children cannot agree on arrangements for their children an adoption application an adoption application when Social Services are concerned about the when Social Services are concerned about the
safety of a child and may wish to remove the safety of a child and may wish to remove the child from the care of their parents child from the care of their parents
CAFCASSCAFCASSChildren and Family Court Advisory and Support ServiceChildren and Family Court Advisory and Support Service
The body responsible for safeguarding and The body responsible for safeguarding and promoting welfare of children involved in Family promoting welfare of children involved in Family Court Proceedings, in England, is CAFCASSCourt Proceedings, in England, is CAFCASS
CAFCASS officers are called Family Court Advisors CAFCASS officers are called Family Court Advisors (FCAs); they are qualified, experienced social (FCAs); they are qualified, experienced social workersworkers
FCAs write reports for Court explaining enquiries FCAs write reports for Court explaining enquiries they have made and advising Court what decision they have made and advising Court what decision would be in the best interests of the childwould be in the best interests of the child
The ResearchThe Research
The main project looked at the ability The main project looked at the ability of young children to state their views of young children to state their views in relation to Family Court in relation to Family Court ProceedingsProceedings
The decision to undertake this The decision to undertake this research was informed by the research was informed by the conclusions of 2 previous research conclusions of 2 previous research projects projects
Previous Project 1Previous Project 1 Exploration of views of 2,200 children [aged 7-13] - Exploration of views of 2,200 children [aged 7-13] -
who/what could help if they were emotionally who/what could help if they were emotionally distresseddistressed
Children from 7 years acted as consultants to the Children from 7 years acted as consultants to the project project
They developed a questionnaire & vignette They developed a questionnaire & vignette These children were clearly able to express their These children were clearly able to express their
views and develop child-friendly research materials views and develop child-friendly research materials
Previous Project 2Previous Project 2 The English Government has set up support The English Government has set up support
services ‘Sure Start’ for children and their families services ‘Sure Start’ for children and their families aged 0 to 5 years.aged 0 to 5 years.
Using a letter box method and ‘smiley face Using a letter box method and ‘smiley face cards’, children as young as 2 were able to cards’, children as young as 2 were able to express their views about the services provided express their views about the services provided by Sure Startby Sure Start
Conclusions from projects 1 and 2Conclusions from projects 1 and 2
Children between the ages of 2 and 7 Children between the ages of 2 and 7 can clearly express their views and can clearly express their views and opinions on a diverse range of issues opinions on a diverse range of issues
Younger children need to express Younger children need to express these through methods which these through methods which depend as much on play and depend as much on play and demonstration as on direct speechdemonstration as on direct speech
Main projectMain project
A survey was undertaken to explore:A survey was undertaken to explore:
1.1. views of FCAs on abilities of young views of FCAs on abilities of young children to express their wishes & children to express their wishes & feelings in the context of legal feelings in the context of legal proceedingsproceedings
2.2. how far child development theories how far child development theories influenced those views influenced those views
3.3. how adequate FCAs’ training was in how adequate FCAs’ training was in this context this context
MethodMethod Ethical approval was givenEthical approval was given
A stratified sample of 7 CAFCASS A stratified sample of 7 CAFCASS offices was obtainedoffices was obtained
Questionnaires were emailed to staff Questionnaires were emailed to staff at participating offices at participating offices
FCAs emailed back their FCAs emailed back their questionnaires questionnaires
FindingsFindings
23 FCAs responded 23 FCAs responded
14 were female, 9 were male14 were female, 9 were male
Length of experience as family court Length of experience as family court
officer - from 10 months to 22 yearsofficer - from 10 months to 22 years
Qualified between 5 and 31 years Qualified between 5 and 31 years
Ages of children Ages of children Response to question:Response to question: How old was the youngest child whose wishes and How old was the youngest child whose wishes and
feeling you attempted to ascertain?feeling you attempted to ascertain?
age youngest child - direct communication
7.06.05.04.03.0
Count
10
8
6
4
2
0
1. Direct work issues1. Direct work issues No significant difference between gender of No significant difference between gender of
FCA and age of youngest child FCA and age of youngest child No correlation between length of time as No correlation between length of time as
qualified social worker or FCA and age of qualified social worker or FCA and age of youngest child youngest child
Most commonly quoted factors influencing Most commonly quoted factors influencing decision to use direct communicationdecision to use direct communication
1.1. Child’s verbal ability - 14Child’s verbal ability - 14
2.2. Child’s maturity - 7Child’s maturity - 7 Self-rating of skill level – 10 highly skilled Self-rating of skill level – 10 highly skilled
13 moderately skilled13 moderately skilled
Techniques to help children communicateTechniques to help children communicate
Toy courtroomToy courtroom Use of ‘go betweens’ eg Use of ‘go betweens’ eg
FCA’s own dog [floppy FCA’s own dog [floppy ears]ears]
Place to put secrets eg Place to put secrets eg ‘toy rabbit with a zip’‘toy rabbit with a zip’
Story tellingStory telling Airport play set/carsAirport play set/cars
2. Child development knowledge2. Child development knowledge
Theorists taught during qualifying training
VYGOTSKY
PIAGET
SKINNER
FREUD
ERIKSON
BOWLBY
Su
m30
20
10
0
5
2120
2120
23
The most influential theorist
in work communicating with children
1
7
1
5
10
VYGOTSKY
PIAGET
FREUD
ERIKSON
BOWLBY
Child development Child development continuedcontinued
Knowledge of Vygotsky not related to:Knowledge of Vygotsky not related to:
Length of time since qualificationLength of time since qualification Gender of FCAGender of FCA Skill rating Skill rating Age of childAge of child
3. Training issues3. Training issues No significant difference between self-rated No significant difference between self-rated
skill level and length of time since qualifiedskill level and length of time since qualified
Provision of child development training at Provision of child development training at qualifying levelqualifying level birth to 2 years - 18birth to 2 years - 18 3-8 years - 193-8 years - 19
Number of FCAs reporting that training met Number of FCAs reporting that training met their needs relating to communicating with their needs relating to communicating with childrenchildren Qualifying training - 6 Qualifying training - 6 In-service training - 17In-service training - 17
ConclusionsConclusions
FCAs consider seeking wishes & feelings FCAs consider seeking wishes & feelings of children from age 3of children from age 3
But some have reservations below age 5But some have reservations below age 5 They self-rate skills as high or moderateThey self-rate skills as high or moderate Use wide range of communication/play Use wide range of communication/play
methodsmethods They use cognitive theories flexibly to They use cognitive theories flexibly to
inform decisions [Piaget]inform decisions [Piaget] Rarely use Vygotsky despite his Rarely use Vygotsky despite his
relevance relevance
Vygotsky relevant becauseVygotsky relevant because::His theories:His theories: see children within social contextssee children within social contexts can be applied to young children can be applied to young children
and those with communication and those with communication difficultiesdifficulties
acknowledge importance of acknowledge importance of mediating adults and peers and mediating adults and peers and co-construction of meaning co-construction of meaning
Examples Examples one FCA said “one FCA said “Good preparation by Good preparation by
carerscarers” helped children ” helped children understand role of FCAsunderstand role of FCAs
Another stated importance of FCAs Another stated importance of FCAs capacity to “capacity to “pick up [child’s] pick up [child’s] abilities to express herself through abilities to express herself through play and develop playplay and develop play””
RecommendationsRecommendations Qualifying training needs to include:Qualifying training needs to include:
More observation of children and More observation of children and placement in early years settingsplacement in early years settings
Teaching and application of wider range Teaching and application of wider range of child development theories, especially of child development theories, especially Vygotsky Vygotsky
More training in communication More training in communication skills/techniques – applying theory to skills/techniques – applying theory to practicepractice
On-going training is needed, which On-going training is needed, which revisits all these areasrevisits all these areas