10
20
30
40
50 A Better Future
50 Years of Child Care
in Northern Ireland
1950-2000
Department of Health, Social Services and Public
Safety
An Roinn Sláinte, Seirbhísí Sóisialta agus
Sábháilteachta Poiblí
CONTENTS
PAGE
PREFACE 3
CHAPTER 1 SETTING THE SCENE 7
CHAPTER 2 FOSTER CARE 15
CHAPTER 3 ADOPTION 39
CHAPTER 4 RESIDENTIAL CARE 75
CHAPTER 5 JUVENILE OFFENDING 105
CHAPTER 6 DISABLED CHILDREN 123
CHAPTER 7 CHILD PROTECTION 153
CHAPTER 8 SOCIAL WORK EDUCATION & TRAINING 171
CHAPTER 9 INTO A NEW CENTURY 187
BIBLIOGRAPHY 197
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 1
PREFACE
There is both an acceptance and expectation on the part of modern
society that children should be valued, and in doing so the utmost
importance should be placed on their care and protection. In addition
those who are deprived or disadvantaged should be entitled to the
benefits of a support system which will help their families through
difficult periods, or in more extreme circumstances provide an
alternative form of care and upbringing for the child or children who
cannot remain within the natural family.
Increasingly as the public have become more aware of the existence
and extent of child abuse their reaction is often one of great anger
and demand for immediate action to protect vulnerable children. This
however was not always the attitude held towards children especially
those who through no fault of their own became destitute or the
victims of parental deprivation. A hundred years ago public sympathy
was not as strong as it is today and many children suffered as a
consequence. A changed attitude and response began to emerge
during the first part of the century culminating in a series of
important legal changes in the late 1940s which set the tone and
direction for a new child welfare system for the next 50 years. Since
1950 there has emerged the development of a comprehensive child
and family support service made up of a number of components.
These range across fostering, adoption and children's homes to
arrangements for juvenile offenders, children with disabilities and the
provision of a child protection service. There are other elements but
in examining the key developments during the 50 years I have
decided to focus on a number of the most critical areas.
The chapters on each of these describe the position in the 1940s, the
changes and developments that subsequently took place and the
issues and concerns which emerged during the following decades.
Some of these relate to the deaths of children or their abuse on
occasions at the hands of those who were paid to care for them.
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 3
As these events unfolded the response of society was to make much
stronger demands for a safer and supportive child welfare system. As
a consequence children's legislation has been passed detailing better
and improved arrangements. Northern Ireland now has some of the
most progressive and supportive laws to be found in any country
legislating for a child welfare system. In parallel organisational
structures have also been developed to support the legal direction
and within generic social service departments there are specialist
child care sections organised to provide a range of children's support
services.
It will be evident from the report that in many ways significant
progress has been made in developing a protective safety net for
vulnerable children. However, it is also evident that people still
neglect and abuse children. We have in no sense reached the end of
this development or the need for protection. Fifty years is a
comparatively short time. What is important is that if we value our
children and regard their upbringing as vital for their future then we
need to continue to progress further our child welfare system. There
are many lessons to be learnt from the past and many are still coming
to terms with the harm and hurt of that period.
I hope that the reflections within this report will give a
comprehensive and balanced account of the issues as well as the
progress made. While there is much to applaud in the progress over
the past 50 years there are still many tasks to be accomplished and
issues to be addressed. This cannot remain the sole responsibility of
one agency or department or group of professionals. There is a
continuing requirement for a combination of public reaction, political
response and the commitment and dedication of many carers and
staff if we are to secure that 'better future' for all children.
A report like this could not have been prepared without the support
of many Departmental colleagues, in particular I want to thank - Miss
Marion Reynolds, Dr Hilary Harrison, Mr Chris Walker, Mr John
Hughes, Mr Victor McElfatrick, Mrs Evelyn Gilliland, Miss Eleanor
Simpson and Mr Roy Blair for their industrious work in preparing a
number of the chapters.
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 4
Finally, I am indebted to Mr Selwood Fitzpatrick, Mrs Maire McMahon
and Dr Eugene Mooney for their invaluable support in taking
forward this report to its final stage for publication.
PAUL MARTIN
CI SSI
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 5
SETTING THE SCENE
Background to legislation and policy
If a society's maturity is judged by the value placed on the care and
protection of children then the period 1950-2000 has to be one of
particular significance and importance in Northern Ireland. During
this time the recognition of the needs of children, and the
responsibility both collectively and individually to meet these, has
moved increasingly to the forefront of modern society. Prime
importance is now given by the legislators and specific statutory and
voluntary organisations to ensuring that children, with a range of
social, physical and emotional needs have access to services to enable
them to achieve their full potential. Increasingly this right is being
enshrined in legislation. Children are now seen as individuals who
have the right to be heard and to participate in decisions, which
affect their life opportunities and well-being.
Alongside these legal developments the period has experienced
major improvements in the range of children's services provided.
Some of these have emerged through the energy and vision of
particular groups and organisations; others, through reports on the
deaths, serious injury or abuse of children caused most often by
abusive adults. There is now universal child welfare services in place
throughout the country. The focus of these is to promote better care
of children within the family. Where this is not possible, it is ensured
that every effort is made to place children in a form of substitute care
which will provide a loving and supportive environment. This has
been achieved through the enactment of new and improved
legislation, an increase in resources and the dedication of a skilled
workforce. The public has played its part with its expectations of
higher standards in the provision of care for vulnerable children.
Back in 1950 most of this could not have been contemplated. The
United Kingdom had just emerged from a World War and was in the
throes of major change - political, economic and social. Legislation
which would form the foundation of a modern 'welfare' state had
just been passed. This would affect the lives of all citizens but it was
to have a major impact on the lives and well-being of children. These
1
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 7
Chapter
decisions, taken in the late 1940s, did not just come about as a result
of World War II, they had their origins in the living conditions of the
early 1900s and even earlier.
In the 19th century the impact of the industrial revolution caused a
major population shift from the country to cities and towns across
the United Kingdom. As a result most working people lived in
appalling housing conditions with inadequate income to maintain
the family. Deprivation and poverty were rife and it is impossible to
contemplate the absolute poverty of so many during this period.
Families unable to secure employment or those who for whatever
reason lost their employment became destitute. To be so at this time
meant a reliance on the only form of support provided by the State -
the Poor Law Workhouse system. The impact of this system on
families and particular children was often devastating. Families on
occasions were separated and children as young as 5, out-placed for
employment rather than for care.
The early part of the 20th century still maintained all the hallmarks of
a society steeped in the social values and mores of a feudal system.
Some small changes were taking place which recognised the need to
provide better care for children. However as the statistics show
children's life expectancy only began to improve during the second
part of the 20th century.
The infant mortality rate for 1925 was 86 deaths per 1000 children in
the first year; by 1950 this had dropped to 36.6; by 1975 to 21 and by
the end of 2000 close to 6. Obviously health - both medicine and
public health greatly influenced these achievements but this was
accompanied by changes in society - living conditions, income support
and a general move to provide for children and families under stress.
Legislation and policy - prior to 1950
Prior to the 20th century any policy and legislation in respect of
children had their basis primarily entrenched in the Poor Laws. These
were established in Elizabethan times and for 300 years had
governed the provision of care to poor and destitute families.
1
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 8
Because of the prevailing attitudes to parents who were out of work
and in poverty, children had little opportunity to have their own
needs recognised.
The 19th century saw a rise of both social reformers and the
development by both church and voluntary organisations of provision
for children as an alternative to the Poor Law system. It was not
possible for these to have more than limited scope. Child care
provision largely rested with the Board of Guardians in each of the
local 'parishes'. The Guardians could take responsibility for the care
of children whose parents were deemed unfit and were receiving
relief in a workhouse. They had the powers to maintain children in
the workhouse or to place them in foster homes.
There must have been sufficient concern raised by the end of the
century to influence Parliament to establish two Royal Commissions
on the Poor Laws between 1900 and 1910. Certain Acts emerged as a
result of these reports - the 1902 Pauper Children (Ireland) Act, which
amended the earlier 1898 Pauper Children (Ireland) Act and the 1904
Prevention and Cruelty to Children Act. These were significant,
especially the latter, as they set out to improve the legislation
regarding the protection of children. These together with the 1908
Children Act together with the Pauper Children (Ireland) Acts
continued following the establishment of Northern Ireland in 1921,
to be the governing legislation until after World War II.
Policy and legislation 1950 - 1968
The impact of World War II together with major political changes
created a climate of reform across a number of public service areas in
the late 1940s in Great Britain. These would have a major impact on
the range of welfare services and formed the foundation of today's
social services provision.
With regard to child care, the Report of the Care of Children
Committee 1946 (the Curtis Report) was accepted by the Government
and subsequently new children's legislation for England and Wales.
The Northern Ireland Government produced its own White Paper in
1
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 9
1946 which resulted in the Children and Young Persons Act 1950.
Both of these pieces of legislative work were influenced by the
Monckton Inquiry into the death of Denis O'Neill - a child who died
in foster care in 1945 as a result of neglect and ill treatment.
The Children and Young Persons Act extended the provision with
regard to children in need of care and protection. It repeated the last
vestiges of the old Poor Law and provided for a range of services to
support children coming into the care of the State.
The responsibility for this legislation was given to the newly
established county and county borough councils. New legislation
passed in 1949 created 8 new statutory bodies to take responsibility
for a range of public services. These included the establishment of a
'welfare committee' to include responsibility for children's services.
This was the first centralised organisational structure to be developed
and was the forerunner of the current health and social services
arrangements.
In 1950 the 'welfare committees' had to tackle the need to not only
physically dismantle the Poor Law and workhouse systems but to
create a new regime and culture of care and commitment to the
well-being of vulnerable children. Many of the initial tasks were
focused on establishing children's homes, old people's homes etc. The
first efforts towards setting up a modern fostering service were
directed towards young children aged between 2 and 5 years still
housed in workhouses. It was also recognised that staff training and
development was critical to changing attitudes and thereby the
development of services. However this did not receive a high priority
in those early days.
Further developments from 1968
During the 1950s and 1960s there was a growing awareness of the
need to provide both care and protection for children in their own
homes and to give more help and support to families. It was
becoming increasingly recognised that a greater emphasis on
preventative services could reduce the need to remove children from
1
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 10
certain situations. A further review, The Ingleby Report of 1960,
highlighted the need for powers to combat neglect, ill-treatment and
juvenile offending. The impact of this and subsequent legislation in
England in 1963 led to the new Children and Young Persons Act (NI)
1968. For the first time prevention was established as an underlying
principle in child care practice in Northern Ireland. It also introduced
discretionary power to provide families with material help as a means
of preventing children coming into care.
The 1970s saw a move away from a specialist to a generic emphasis
on service provision. The Report of the Committee on Local Authority
and Allied Personal Social Services 1968 (the Seebohm Report)
proposed the abolition of specialist local authority departments and
replaced by comprehensive social services departments provided a
range of community care services to both children, their families and
other adults in need of care or support.
Northern Ireland followed suit in that following the Booz, Allen and
Hamilton Report (1971), the Government agreed to establish in 1973
the first integrated health and social services organisation in the
United Kingdom. This created a new generic social services
department with similar responsibilities to local authorities in Great
Britain.
During the 1970s a number of child care enquiries together with
some media campaigns brought greater public attention and
awareness to the issue of child abuse. Largely a hidden social concern
the public were increasingly forced to confront the reality that adults
not only physically abuse vulnerable children but can and do also
emotionally and sexually abuse them. The death of the child Maria
Colwell and the subsequent enquiry in 1974 proved to be a landmark
in the awareness of abuse and the need for appropriate responses.
The Northern Ireland Government established in 1976 a group under
the chairmanship of Sir Harold Black to review arrangements for
children. The Report published in 1979 recognised that children's
behaviour is affected by the environment in which they live and that
many children experience serious deprivation and poverty which has
an effect on their pattern of social behaviour. There was also a
1
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 11
recognition of the effect of the ongoing political violence in
Northern Ireland and that so many children grow up in a society
never knowing alternatives to violent and socially aggressive
behaviour.
If the Maria Colwell Inquiry was to have a major impact on policy and
legislation, the Hughes Inquiry (1986) into Kincora Boys Home in
Belfast was to have the same in Northern Ireland. The media publicity
and outcry following the revelation of abuse of boys by staff caused
the Black Report (1979) to be placed on the 'back burner' in the light
of a lengthy legal inquiry. The shock to public and professionals alike
was twofold - firstly, that vulnerable children were being sexually
abused and secondly, that staff trusted with their care were carrying
out such acts.
There followed in the 1980s further revelations not just in Northern
Ireland but across Great Britain and Ireland as to how paedophiles
had used the residential child care system to gain access to young
people. Hughes introduced a number of important changes to the
recruitment and management systems in residential homes together
with improved 'check' arrangements with the police. There was also
an emphasis on improving the training, qualifications and pay to staff
working in this difficult and extremely demanding area of child care.
Residential children's homes no longer provided for young children
but rather for young people with a range of social and emotional
problems - some traumatised by sexual abuse in childhood.
The 1980s and early 1990s saw greater emphasis on improving the
procedures for staff engaged in child protection work. This included
the development of protocols and joint training with the police. It
was vital that both groups of professionals understood their
respective responsibilities and worked in close collaboration.
Legislation and policy 1990 to date
In 1991 the United Kingdom adopted the United Nations Convention
on the Rights of the Child. This was a further landmark in the
development of child care services as it was to influence the
1
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 12
forthcoming Children Order (NI) in 1995. The Convention established
that children had specific rights in law and that these should be
enshrined in legislation.
The 1995 Order has been described as one of the most significant
pieces of social legalisation of the 20th century. If the Acts of 1902
and 1908 heralded the dawn of a new era of legislative protection
and care for children, the 1995 Order was to place children's needs
and rights in law in an entirely new domain. The focus of the Order
was about acknowledging children with individual needs. Some of
these may be universal, others will be specific. The need for children
to be listened to and their statements and opinions accepted was
now recognised. Greater emphasis was to be placed on collaboration
across a wide range of agencies and a partnership with parents.
There was to be a greater shift towards prevention and family
support.
This philosophy has also influenced the approach towards adoption.
The principle of ‘freeing’ older children for adoption has been
introduced. This has encouraged social workers to consider
alternatives to fostering and residential care for children who may
spend a lengthy period of time in the public care.
New policies and legislation continue to emerge as our knowledge
and understanding of the needs of children grow. The Northern
Ireland Assembly, the Executive and the Minister have made a
number of important commitments which should lead to further
improvements in the life opportunities and well-being of children.
The period 1950-2000 has been of major importance in the care and
protection of children in our society. Following World War II the
public was determined to provide a better future for all children and
especially those caught in poverty and living in deprived
communities. There began a period of sustained development in
which new policies and legislation have emerged. These have laid the
foundation of a modern child welfare service free at delivery,
universal in approach and committed to provide children and their
families with the best possible help and support.
1
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 13
FOSTER CARE
Background and developments pre - 1950
One of the earliest records of fostering is the biblical story of Moses
who was brought up by Pharaoh's daughter after being rescued from
the river and fostered by his mother who had had to abandon her
son to ensure his survival. The philosophical linking of fostering to
child rescue, particularly from incapable parents, was particularly
evident in the social philosophy of the 1800s. It was only after World
War II that there was a shift from the Poor Law principle of
undeserving poor and an emphasis on providing high standards of
care to children who were the responsibility of the State. Prior to
1950, the Boards of Guardians established under the Poor Law
enactments undertook the care of children in Northern Ireland who
could not be cared for within their own families.
Due to the high mortality rate of infants admitted to workhouses
without their mothers, the Poor Law Amendment Act (Ireland), 1862
introduced new provisions for the boarding-out of children. There
was recognition that workhouses were not well suited for the "care
and nursing of such children during infancy". Boards of Guardians
were, therefore, empowered to "place any orphan or deserted child
out of the workhouse if they shall think fit to do so, by placing such
child out to nurse". While an age limit of 5 was established,
provision
existed for this to be extended to 8 years.
Legislation, which sought to improve the situation of children in
deprived circumstances, included:
• the Orphan and Deserted Children (Ireland) Act 1876, which
extended the age which children could be placed at nurse up to
13 years. Regulations which accompanied this Act were the first
step in what later became the Boarding-Out Regulations.
Standards set included that the child should be kept clean,
provided with shelter, food and clothing, medical attention,
education and that attendance at religious services should take
place. A Relieving Officer was required to visit each child who was
2
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 15
Chapter
boarded-out at least once a month and to keep a written record
of each visit;
• the Pauper Children Acts of 1898 and 1902 defined the classes of
children eligible for boarding-out and permitted the central
authority to set an upper age limit.
The effects of these enactments can be seen from the decreasing
percentage of children aged under 15 years in workhouses as a
proportion of all residents, between 1872 and 1902, these being
25.5 per cent and 13.1 per cent respectively.
At the beginning of the century the Poor Law legislation was in a
chaotic state in Ireland and two commissions sat between 1900 and
1910 to report on the situation. The Poor Law Reform Commission
(Ireland) reported in 1906. It noted that on 11 March 1905 oneseventh
of the total population of 109 workhouses were children
(5,900). The report made a range of recommendations regarding the
care of children and promoted boarding-out as the most appropriate
way of looking after them. The reasons for this endorsement of
boarding-out was for practical purposes and included:
• institution reared children were less handy than others when put
out in the world to work;
• institution reared children were awkward and out of their
element when placed in the ordinary surroundings of the houses
of the poor;
• they were not so tough or hardy as other children;
• there was a growing dearth of agricultural labourers;
• boarding-out was the cheapest way of rearing children.
The Royal Commission on the Poor Laws and Relief of Distress Report,
(Ireland) 1909 adopted the 1906 Commission's recommendations but
was cautious about wholesale boarding-out. It wanted the merits of
boarding-out to be more fully investigated and to be assured of the
2
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 16
adequacy of the supply of foster parents. There was considerable
emphasis in this report on continuing supervision, even up to the
age of 21.
In 1908 the Children Act was enacted and applied to Ireland. In 1921
after the establishment of the Northern Ireland State, this Act and
the Pauper Children (Ireland) Act continued to be the legislative base
for working with children in need of care. Within the newly formed
Ministry of Home Affairs in Northern Ireland a designated inspector
was appointed to carry out the inspectorial role for such children. On
notification that a child had been boarded-out the Ministry inspector
would contact and visit the child on a regular basis. The inspector was
also required to maintain contact with the workhouses to influence
the number of children available for boarding-out and to suggest
suitable foster carers to the workhouse staff. In 1928-29 there were
320 children in workhouse care and 332 boarded-out.
The Boards of Guardians had boarded out 361 children by 1937. It
was thought that a shortage of foster carers, limited allowances and
legal constraints were preventing more children from being placed
outside the workhouse. In 1938 the Lynn Committee was established
to consider how far the changes brought about in the law of England
and Wales by the Children and Young Persons Acts 1932 and 1933
could be applied to Northern Ireland. In its report (Report of the
Committee on the Protection and Welfare of the Young and the
Treatment of Young Offenders (1938) Cmnd. 187), the Committee
recommended the adoption of regulations similar to the English
Children and Young Persons (Boarding Out) Rules of 1933. The
Committee's report was not acted upon and it was not until 1946
that there was another appraisal of child care legislation.
In 1946 the Government published a White Paper, 'The Protection
and Welfare of the Young and the Treatment of Young Offenders'
(Cmnd. 264). This paper recommended:
• the establishment of children's homes by the newly formed
welfare authorities;
• the devising of realistic boarding-out rates for foster parents;
2
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 17
• regular review of boarding-out allowances by a Child Welfare
Council;
• the establishment of a Child Welfare Council.
Legislative and policy context since 1950
The experience of the evacuation of children in Northern Ireland due
to World War II differed from England. Prior to the Blitz of April 1941
there was a general feeling of complacency in Northern Ireland
regarding its susceptibility to a bombing campaign. A limited
evacuation of children, therefore, occurred until after the April Blitz.
Immediately after that, some 22,000 women and children were
evacuated from urban areas. Unlike England, however, where many
children were evacuated for the duration of the war, in Northern
Ireland the evacuation lasted for 9 months. Children's experience of
life away from their families varied but the duration of the
separation of children from their families was shorter than in
England. In England several thousands of children were never
returned to their parents and became the responsibility of the newly
appointed children's departments in 1948. Children's experiences in
England had considerable impact on welfare services and policy.
These changes extended to Northern Ireland and the foundation for
a modern child care service was laid as a result of the Report of the
Care of Children Committee (September 1946), known as the Curtis
Report. The Curtis Report urged that each child in care be the
personal concern of the new children's officer and their staff -
personally known to them and able to rely on other known people
for stable relationships and consideration of their needs. Curtis was
also concerned about the multiple placements of children and the
separation of siblings, issues still of concern to those working in the
child care field.
In Northern Ireland, the White Paper 'The Protection and Welfare of
the Young and the Treatment of the Young Offender', (Cmnd.264)
paved the way for the Children and Young Persons (NI) Act 1950,
which brought Northern Ireland into closer line with England and
Wales. Section 90 of this Act directed welfare authorities to provide
2
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 18
residential care to children where "it is not practicable or
desirable
for the time being to make arrangements for boarding-out". This
preference for foster care as the most appropriate form of substitute
care reflected the thinking of the 1946 Curtis Committee Report in
England and the Children Act 1948 (England and Wales).
Accompanying the Children and Young Persons Act 1950 were several
Statutory Rules and Orders, including Children and Young Persons
(Boarding-Out) Regulations (NI) (1950) (SRO 1950 No 43). These
regulations covered the following:
• the procedures required in approving and maintaining contact
with foster homes;
• a requirement that welfare authorities should report to the
Ministry of Home Affairs if children had not been boarded-out
within 3 months of their admission to care and acquire its consent
for alternative arrangements.
In 1950, the number of children boarded-out was 472, an increase of
31 per cent from the 1937 figure. The number of children boardedout
increased dramatically following the commencement of the
Children and Young Persons Act 1950, as illustrated in Table 1.
Table 1 - The Number of Boarded out Children
1950-53
In 1956 the Northern Ireland Child Welfare Council published a report
"Children in Care" (Belfast, HMSO) which noted that of the
1,303
children in the care of welfare authorities, 891 (68 per cent) were
2
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 19
Year No. Boarding Out. % increase % of all in care
1950 472 - 67
1951 579 27 69
1952 652 13 67
1953 934 43 70
boarded-out. It concluded that a large number of children who were
in children's homes could have the "happiness and security of a
normal family life" if suitable substitute parents could be found.
A
basic assumption underpinning the Council's recommendations was
that "the child in care has a right to a house of his own as much
like
other children as possible". It noted that the best way of
providing
this was through adoption but where this was not possible, boardingout
should be considered as the best alternative. The Council also
emphasised that all possible safeguards should be taken to prevent
the abuse of children through careful supervision of their placement.
In 1960, the Northern Ireland Child Welfare Council examined child
welfare services ("The Operation of the Social Services in relation
to
Child Welfare", Belfast, HMSO), it surveyed the children in care in
1959-60 and contrasted its findings with the situation in 1947 before
the establishment of the welfare committees. Its findings confirmed
the reducing role of the voluntary residential sector and the decrease
in the number of children cared for in residential settings. It noted
that with the exception of children in Barnardos care, those in the
care of voluntary organisations were rarely boarded-out.
The final report of the Child Welfare Council was made in 1969 and
considered the Boarding-Out Regulations of 1950 (Report on the
Children and Young Persons Boarding-Out Regulations, Belfast,
HMSO). The Council's recommendations were influential in the
revision of the Boarding-Out Regulations of 1976. Of particular
significance within the report were the following:
• the Council's observation that up to 1969 there had been no
statutory regulations aimed specifically at the protection of
children boarded-out from voluntary homes, apart from the
general provisions of Part 1 of the Children and Young Persons Act
(NI) 1968;
• the requirement for the Ministry of Home Affairs to receive
reports on children who were not boarded-out within 3 months of
being received into care.
2
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 20
Both these issues were addressed in the 1976 Boarding-Out
Regulations which introduced regulations concerning children
boarded out by voluntary organisations and gave the new Area
Health and Social Services (HSS) Boards the power to take over and
perform such duties. It also terminated the requirement to notify the
Ministry given that it should be a professional decision as to which
form of care best met the needs of individual children. It is
noteworthy that in England and Wales the legislative bias in favour
of fostering was repealed in the 1969 Children and Young Persons
Act. In Northern Ireland this statutory bias remained, however, until
the commencement of the Children Order in 1996.
From 1976 a number of factors suggested that foster care was having
an increased significance for practice, these included:
• the increasing professionalism of social work practice;
• the emergence of foster parents groups; and
• the establishment of the Northern Ireland Foster Care Association
in 1978.
There were also forces at work promoting foster care for children. In
1980 a sub-committee of the Central Personal Social Services Advisory
Committee (CPSSAC) published "The Report of the Sub-Committee of
Foster Care in Northern Ireland" to the DHSS. The remit of the
subcommittee
was:
"to examine the current arrangements for the
boarding-out of children and make recommendations
for the improvements for foster care in the Province".
The Report noted:
"Our study seemed to have a fine sense of timing as
interest and debate about foster care in Northern Ireland
was gaining momentum".
2
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 21
Similarly, events in England and Wales had led to the production of
the "Guide to Practice" (Foster Care: A Guide to Practice
(1976),
London, HMSO), which was to inform social work practice for more
than 2 decades.
The sub-committee addressed the legislative bias in favour of
fostering set out in Section 114 of the Children and Young Persons
Act (NI) 1968. This required that a HSS Board should provide
accommodation and maintenance for a child in its care "on such
terms whether as to payment by the Board or otherwise as the Board
may, subject to the provision of the Act and regulations thereunto
determine". Section 114(1)(b) further states "where it is not
practicable or desirable for the time being to make arrangements for
boarding-out", the accommodation and maintenance may be
provided "by maintaining the child in a children's home or by
placing
him in a voluntary home". The sub-committee's report on fostering
noted:
"we are convinced that the primacy given to fostering,
by legislation (no matter how it is qualified) is no longer
appropriate and we recommend that it is repealed"
(Para 2.5).
The Children and Young Persons Review Group chaired by Sir Harold
Black, which reported in 1979, ("Report of the Children and Young
Persons Review Group", Belfast, HMSO, December 1979) also made
this recommendation. Neither of these committees sought to
downgrade fostering as a means of caring for children, rather they
sought to ensure that decisions relating to individual children were
informed by professional judgement. The objectives of both these
reports to ensure that assessment determined placement type was
not achieved legislatively until the commencement of the Children
(Northern Ireland) Order 1995, in November 1996.
Neither the Black Report nor the CPSSAC sub-committee's report
recommended the introduction of custodianship orders giving foster
parents greater rights to the children in their care, as in the Children
Act 1975 of England and Wales. The sub-committee's report stated:
2
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 22
"On balance and taking into account not only the foster
parents but also the child and natural parents we
recommend that foster parents should have no special
rights in relation to adoption or custodianship ... as the
result of the passage of a certain number of years"
(Para 2.9).
Black argued that the provisions in England and Wales were as yet
untested and that no case had been made for custodianship orders in
Northern Ireland. These views were tenable at the time but practice
has shown that for many children, foster care has become a quasiadoption
situation and both children and foster carers are seeking
greater clarity about their respective positions.
Other factors, which promoted fostering were at a Departmental
policy level. The Regional Strategies for Health and Personal Social
Services (1987-92 and 1992-97) strongly promoted foster care. The
Regional Strategy (1987-92) required that:
"Boards should seek to reduce the need for residential care and
with
the development of preventive and foster care services as alternatives
to residential care, to reduce the stock of residential provision".
This policy had the twin objective of placing a downward pressure on
the number of residential places while actively promoting alternatives
such as foster care. The promotion of foster care was further
reinforced in the succeeding Regional Strategy which established a
target for each Board of having at least 75 per cent of children in
care living in a family placement, excluding those children placed at
home on a "home on trial" basis, by 1997.
The promotion of one form of care over another ended with the
commencement in November 1996 of the Children Order, which
requires that decisions regarding placement type be determined by
assessment of a child's needs. The Children Order provides a
legislative framework for children's services based on principles
relating to the paramount welfare of the child, the importance of
sustaining the family through family support services and the benefits
of working in partnership. The Children Order seeks to ensure that
2
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 23
where consistent with safeguarding and promoting children's welfare
that they are cared for within their own families. Where that is not
possible it also provides a means whereby foster carers who have had
children in their care can acquire parental responsibility for them by
applying to the courts for residence orders (Article 10). Legislative
provision has, therefore, been provided to give effect to the
permanency needs of children who will not be returning to the care
of their parents/family for a variety of reasons and for whom
adoption is not deemed appropriate. Permanency planning is now
seen as essential to ensure children have the security and stability of
placement necessary for their future emotional development and
overall well being.
During 2000, the Prime Minister commissioned a review of Adoption
Services with the aim to improve the outcomes for children in public
care. A White Paper, "Adoption: A New Approach", was issued
and
the Adoption Bill currently before Parliament addresses the need to
address weaknesses within the residence order process for children
who were previously fostered by their carers. A special Guardianship
Order is also proposed which would legally secure and would provide
permanence for those children for whom adoption is not appropriate
by conferring full parental responsibility on the special guardian
while preserving a basic legal link between the child and his/her birth
family. In Northern Ireland it has yet to be decided how the
permanency needs of looked after children will be addressed.
Although it is envisaged that consultation on a forthcoming regional
children's strategy, which will succeed the 1997-2002 strategy, will
wish to address similar issues. Both at practice and policy levels it is
recognised that foster carers are now a significant group of adopters
and there are also children who are fostered, for whom adoption is
not appropriate but who require a greater degree of security than is
currently available within foster care.
2
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 24
Numbers of children fostered and the social context
Following 1954's high of 952 children in foster care, the number of
children boarded-out reduced and averaged 769 for the next 15 years
(range 701 to 864). It should be noted that at this time welfare
authorities were expanding the number of residential children's
homes. As a proportion of all children who were in the care of a
welfare authority the number of children in foster care reduced from
its high of 70.2 per cent in 1954 to a low of 40.6 per cent in 1979. It
was not until 1992 that the percentage of children in foster care
again reached over 60 per cent (actual figure 60.9 per cent). Since
then the percentage of children who were in foster care has been
steadily increasing and at 31 March 2000 accounted for 1,611
children, 66.5 per cent of all those looked after by HSS Trusts. It is
noteworthy that at the start of this study period, 66.8 per cent of
children were in foster care - in 50 years, therefore, we have returned
in percentage terms to our starting point.
The reason for the increasing number of children in the care of the
State from 1950 is due to the legislative authority placed upon
welfare authorities to make provision for children in need. In
addition, over this period the role of the voluntary sector in making
provision for children was reducing. As already noted above, with the
exception of children cared for by Barnardos, few children in
voluntary organisations' care were fostered.
The number of children who were fostered as opposed to being in
residential care varied throughout this period. Fostering was at its
height during the 1950s, when nearly two-thirds of children were
cared for in foster homes. From mid 1960 until 1984 the balance had
shifted with just over half of all children being cared for in
residential
settings. From 1984, however, there was an increasing emphasis on
foster care noted year on year and by 1995 some two-thirds of
children were cared for by foster carers. This period is also one where
the number of children in care in general increased, as demonstrated
in Table 2:
2
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 25
Table 2 - The Number of Children in Care from
1965-2000
The increasing numbers of children in care in Northern Ireland is
typical of the rest of the United Kingdom. It is noteworthy that
following the commencement of the Children Order the number of
children looked after has generally fallen each year, a position which
mirrors the English and Welsh situation immediately following the
introduction of the Children Act in 1991.
The increased use of foster care as a placement choice in Northern
Ireland during the 1980s may have been linked to the increasing
professional and public concern regarding children in residential
settings occasioned by the Kincora scandal, which came to public
attention in January 1980. Two enquiries reported on the sexual
abuse of children in residential settings on foot of the allegations
made against residential staff:
• the Sheridan Report ("Homes and Hostels for Children and Young
People" (June 1982) DHSS(NI));
• the Hughes Report ("Report of the Committee of Inquiry into
Children's Homes and Hostels", 1985, Belfast, HMSO).
Both these reports put in place a range of monitoring and
management systems to safeguard and protect children in residential
care. These children, now represent a small proportion of all children
who are looked after, 11.8 per cent (March 2000).
2
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 26
Year Children in care
1965 1,433
1970 1,717
1975 1,823
1980 2,444
1985 2,512
1990 2,850
1995 2,624
2000 2,422
Safeguarding children in foster care
Safeguarding children in foster care has increasingly come to the
fore, as more and more children are cared for in the privacy of foster
families' homes. Abuse of children in foster care is not new, for
example:
• in 1845 Benjamin Disraeli in his novel 'Sybil: A Story of Two
Nations' outlined the cruelty and neglect of children by paid foster
mothers. He noted that infanticide by them was "practised as
extensively and legally as it is on the banks of the Ganges";
• in 1871 the Select Committee on the Protection of Infants led to
legislation in 1872 to stop the abuse of baby farming;
• in 1945, Walter Monckton, QC, chaired an enquiry into the death
of Denis O'Neill, a foster child (Monckton Enquiry Report, 1945);
• in 1997, Billie-Jo Jenkins was murdered in England by her
foster father.
In 1997, however, the issue of improving the safeguards for children
in foster care was given increased prominence following the
publication of reviews into safeguarding arrangements for children
undertaken in England and Wales, and Scotland, by Sir William
Utting and Roger Kent, respectively. Following national scandals
within the children's residential sectors Government set up both
these reviews. Both reports highlighted the need to safeguard
children in foster care. Utting's report, "People Like Us: The
Report
of the Review of the Safeguarding for Children Living Away from
Home" (The Department of Health & Welsh Office, 1997,
Stationery
Office), recommended that:
"The Department of Health/Welsh Office should
commission a Code of Practice for recruiting, selecting,
training and supporting foster carers". (Recommendation 5)
Kent in his report ("Children's Safeguards Review", 1997,
Social Work
Services Inspectorate for Scotland, Stationery Office) recommended
that foster care should be brought within the inspection process
2
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 27
(Recommendation 33). While a Safeguard Review was not
undertaken in Northern Ireland, as there was no evidence that the
factors giving rise to them in the rest of the United Kingdom were
relevant here, the Chief Inspector, Social Services Inspectorate, (SSI)
undertook an audit of the safeguards available to children in public
care. SSI, also undertook an inspection of foster care services, across
Northern Ireland during 1997-98, which among other things
considered:
• children's right to be protected;
• children's right to complain;
• the monitoring of services for compliance with statutory
requirements; and
• the training, skills and support of foster carers.
The Government's response to the review of the safeguards available
for children in foster care was to establish a United Kingdom Joint
Working Party on Foster Care in 1998, which was representative of
the 4 countries of the United Kingdom. The Joint Working Party
published in June 1999 three documents:
• the United Kingdom National Standards for Foster Care;
• Report and Recommendations of the United Kingdom Joint
Working Party on Foster Care; and
• Code of Practice on the Recruitment, Assessment, Approval,
Training Management and Support of Foster Carers, which is a
document tailored for use within each of the 4 countries.
In Northern Ireland the National Standards and the Code of Practice
were launched in September 1999. The Department of Health, Social
Services and Public Safety (DHSSPS) is currently requiring each HSS
Trust to audit its fostering services against the National Standards to
identify gaps in services and to provide an information base for policy
developments.
2
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 28
Prior to the adoption of the National Standards for Foster Care,
Northern Ireland was the only part of the United Kingdom to have
produced standards for fostering service. These standards sought to
promote: the quality of care provided to children; the support and
training of carers and the monitoring and self-evaluation of services
by senior managers, ("Quality Living: Standards for Services:
Children
living in family placements", 1996). These standards were used to
inform the first inspection of fostering in Northern Ireland
undertaken by SSI during 1998 ("Fostering in Northern Ireland:
Children and their Carers", DHSS, 1998) which found a total of 63
(whole time equivalent) social workers employed in providing
fostering and adoption services across the 11 HSS Trusts. The key
findings of the inspection were that:
• the demand for foster care places exceeded the supply;
• the level of recruitment in areas was failing to meet the annual
turnover of foster carers;
• levels of placement disruption for children in Northern Ireland
were high and for young children of significant concern;
• the remuneration and support of foster carers needed to be
reviewed in light of the nature of the fostering task;
• the deployment of staff in fostering teams was insufficient to
ensure that adequate resources were available for the
recruitment, support, training and retention of foster carers.
The aim of producing standards for foster services and a Code of
Practice is to enhance the standard of care provided to children living
with foster carers. It is recognised that this requires that the structure
of fostering services is well managed and resourced at HSS Trust level
and that foster carers need to be properly supported to discharge
their caring responsibilities for children placed with them. For the
first time, across the United Kingdom there are common standards
against which to assess the service provided to children and their
carers. These standards will enable those affected by fostering
services to know what they can reasonably expect of social services
2
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 29
and provide a firm basis for both internal and external examination
of the quality of the service provided.
Practice developments within the social context
It is hard for us to imagine a time in the United Kingdom when dead
babies were left in gutters and young children fended for themselves
on the streets as described in Mayhew's Study of London Life 1851. It
was, however, events like these, which spurred nineteenth century
social reformers such as Dr Barnardos, Mary Carpenter and Thomas
Coram. The general harshness of life in the 19th century for children
throughout the United Kingdom is unimaginable now. In pursuit of
disciplining and training children, parents and others used many
harsh methods.
In the 19th century fostering was viewed as a means of separating
children from their "feckless" or undeserving parents and of
better
fitting them for employment and independence. No arrangements
were in place to enable children placed with foster parents to have
ongoing contact with their parents or family of origin. Indeed, such
contact was positively discouraged to prevent them copying the
"moral laxity" of their parents. They were also frequently
separated
from their siblings, with again no effort made to facilitate contact
either through direct or indirect means. During this period children
were also not encouraged to express their views, the conventional
wisdom being that "children should be seen but not heard". A
dramatic shift in these attitudes and practices is apparent from the
legislative and policy context established by the Children Order and
its associated regulations and guidance. Now a legislative base is
available which:
• promotes parental responsibility and provides for its termination
only through adoption;
• encourages care, where consistent with safeguarding and
promoting the welfare of a child, within the family of origin;
2
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 30
• encourages partnership working with parents, children and all
other relevant parties;
• promotes listening to and respecting the views of children when
decisions are being made about them;
• facilitates sibling groups being cared for together, where possible;
and
• encourages the placement of children near to their families to
facilitate ongoing contact.
The thinking within the Children Order, is, however, the culmination
of shifts in societal attitudes to children and their care which have
changed dramatically over the past century. As Eileen Younghusband
noted "the new understanding of the emotional needs of children
began to seep through in the late 1940s with explosive consequences
over the years for the child care services" (Eileen Younghusband,
"Social Work in Britain: 1950-1975"). The development of child
care
between 1948-1970 was strongly influenced by the public concern
resulting from the evacuation of children during the war, the Curtis
Report, the death of Denis O'Neill and the post-war determination to
break with the past and provide greatly improved services. This was
also a time when fostering was being powerfully promoted and
underpinned by a legislative bias in its favour.
The Children and Young Persons (NI) Act 1950 for the first time
enabled relatives or friends to provide care for children. It sought to
secure the child's care with a parent/relative, previously fostering had
been used to break this bond. It encouraged child care officers to
rehabilitate children to their parents' care where this is consistent
with the child's welfare. Section 1(3) stated:
"the welfare authority shall in all cases where it appears to
them consistent with the welfare of the child so to do,
endeavour to secure the care of the child is taken over
either
2
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 31
(a) by a parent or guardian
(b) by a relative or friend of his ... ".
Given the previous philosophy of rescuing children from unfit parents
this shift is revolutionary.
The obligation to work to rehabilitate children with their families
was cast within legislation with a bias in favour of fostering and its
portrayal as being a new family for children. On the one hand foster
parents were being encouraged to treat the children as their own
while social workers were encouraged to place as many children as
possible with foster parents and also to work towards rehabilitation.
The work of John Bowlby ("Maternal Care and Mental Health",
1951)
had a considerable impact both on the policy of rehabilitating
children with their parents with whom they had made their crucial
first bonds and the policy of providing substitute care.
The Children and Young Persons (NI) Act 1968, went further by
encouraging for the first time work to prevent family breakdown.
The importance of the blood tie for the healthy development of
children was emerging, but mixed legislative and policy messages
were creating practice dilemmas for social workers. From a singleminded
pursuit of severing the contact between children and their
birth parents in the 19th century, there were now complex questions,
which accompanied the emphasis on "permanent" substitute
placement for children. From "rescuing" children from their
families
there was now a growing sympathy for families who had failed. The
emphasis in practice on the blood tie and rehabilitating children with
their birth families was brought into sharp focus by the death of
Maria Colwell in 1973. Like the death of Denis O'Neill in 1945, Maria's
death generated considerable public interest and generated demands
for change. Unlike Denis, who died at the hands of his foster parents,
Maria died at the hands of her step-father after being removed from
her foster carers, who had cared for her for 6 years. The
consequences of her death for child care policy was an increased
emphasis on child protection and a drawing back from the working
with parents approach encapsulated within the 1950 and 1968
Children and Young Persons Acts. As Packman notes:
2
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 32
"The most important general issue which the Maria Colwell
report highlighted, therefore, was how far child care
policies had, through their growing commitment to the
family, ultimately failed the child" (Jean Packman, The
Child's Generation, Blackwell & Robertson, 1975, (P177).
The issue of contact with birth families and stability of placement has
been placed in sharp focus by the Children Order with its emphasis
on contact and parental responsibility alongside the principle of the
paramount well being of the child. The issue of parental contact is
complex and one where a standardised approach cannot be
employed to guide practice. Rather each situation requires careful
assessment so that a child's need for continuity of carer and
placement is addressed appropriately. The issue of contact with birth
families and stabilising the fostering situation for children, for whom
a return home is not appropriate, is now firmly fixed on both the
political and professional agenda. Fifty years has, therefore, seen a
dramatic shift in attitude and practice in relation to children's
contact
with their parents. The benefits of contact for children's sense of
identity and continuity are now firmly recognised. There is, however,
alongside this an increasing recognition that children in substitute
family care require a sense of belonging and security. Some of the
factors, which have contributed to this shift in practice are discussed
below.
From the 1950s social workers' uncertainty about their priorities and
the consequent problems they had in weighing parents' rights and
wishes against children's need for long-term substitute care caused
delays in placing children with foster carers. In 1975 Rowe and
Lambert's study 'Children who Wait' portrayed thousands of children
waiting in residential care who were unlikely to go home. In England
as a consequence the Children Act 1975 concentrated exclusively on
facilitating the removal of children from their families and on
reducing the rights of birth parents. This Act also conferred on foster
parents the right to apply for an adoption order for a child for whom
they have cared for 5 years. Similar legislative change was not
embarked upon in Northern Ireland, but the research messages of
'Children who Wait', and the need for planning and decision making
to secure children's well-being has made considerable impact on
2
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 33
practice in Northern Ireland. Social workers have been working to
secure adoption for children in long-term foster care and foster carers
who adopt looked after children now represent a significant
proportion of all non-family adopters. The changes in adoption also
created a context which enables children to benefit from either
ongoing direct or indirect contact with their families of origins
following their adoption.
The blurring of fostering and adoption, which is perhaps inevitable
with the increased emphasis on permanency planning is at an early
stage of development in Northern Ireland. It is of interest to note
that Jane Rowe in her study of the effect of the 1975 Act on foster
parents applying to adopt found it had not led to any explosion in
the number of applications by long-term foster parents to adopt (J.
Rowe et al "The Influence of Section 29", Adoption and
Fostering
103(1) 1981). It will be interesting to find how foster carers respond
to the policy and planned legislative change, which will favour
promoting permanency planning for children.
The implications of shifts in child care policy for foster carers over
the
past 50 years has been considerable. Increasingly, they are being
asked to care for children with more complex needs and of an older
age than would have been the case in 1950. They are also now more
involved in facilitating children's contact with their birth families
and
helping them come to terms with events in their lives. From being
viewed exclusively as volunteers they are now recognised as being
part of the team of people working together to help children and
where appropriate their birth families. As noted in the inspection
report of fostering services, "Fostering in Northern Ireland:
Children
and their Carers", the majority of carers are now actively involved
in
planning for their foster children's care and in reviewing progress on
a regular basis.
Foster carers now perform a range of tasks from the short-term care
of babies through to the professional fostering of young people with
serious behavioural difficulties. Their contribution to the care and
well being of children and to the child welfare system cannot be over
stated.
2
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 34
The main achievements in foster care since 1950
1. The need for children in public care to have experiences of family
life and contact with their birth families is now firmly established
within legislation and child care policy.
2. Greater emphasis is now made on placing siblings together and in
close proximity to their community, family and school. Foster
carers are now actively involved in facilitating children's contact
with their birth families.
3. There has been a shift in emphasis from "foster parent" to
"foster
carer", as part of the growing recognition that the task of
fostering children is more than providing substitute parenting for
children but is a skilled work requiring foster carers to be
appropriately trained and supported. This has led to the
development of foster carer training programmes, such as the
NVQ 3 for foster carers, and the development of national
standards against which fostering services can be evaluated.
4. Increasingly foster carers are regarded as partners with HSS Trusts'
staff, rather than volunteers. This can be demonstrated through
foster carers involvement in the assessment, planning and review
of children and in working therapeutically with children.
5. Changes in society have placed a downward pressure on the
recruitment and retention of foster carers, which is leading to an
increased recognition of the value and contribution made by
them. This recognition has led to a greater emphasis being
afforded to how foster carers should be remunerated. There is
now, therefore, greater use of skill and fee paid foster carers
alongside the traditional foster care allowances to ensure a
sufficient number are available to care for children in public care.
6. There is an increasing awareness that the emphasis on family
contact and access can leave some children who are fostered in an
ambivalent situation. Steps are, therefore, being considered to
bring greater clarity and security to fostering situations, which are
"permanent" without having to resort to adoption.
2
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 35
7. Fostering is now used for children with a wider spectrum of needs
and more complex needs than would have been thought possible
50 years ago.
The way ahead
Changes in society in terms of the family and rising thresholds for
admission to care result in children entering public care with a range
of complex needs. Foster care as a result is now dealing with children
and young people who need both emotional nurturing and
therapeutic help. This has implications in terms of:
• the selection, recruitment and retention of foster carers;
• the training and support of foster carers;
• the remuneration of foster carers for the tasks they undertake;
and
• providing a legislative basis to support/underpin fostering
situations which are "quasi-adoption" situations.
Changes in family structure and working practices are, however,
occurring in society; the effect of which is reducing the potential
supply of foster carers. In Northern Ireland, as in the rest of Great
Britain there is, therefore, a need to recruit more carers and to retain
them within the service.
The United Kingdom National Standards for Foster Care and the Code
of Practice creates a basis for promoting high standards of practice in
foster care. The current audit being undertaken within HSS Trusts
against the National Standards will provide an update on fostering
services, which will enable a policy reappraisal. This in conjunction
with the publication of a children's strategy for Northern Ireland will
set the future agenda for foster care taking account of the needs of
children, their parents and their carers.
2
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 36
The Human Rights Act 1998, also by establishing children's rights to
family life (Article 8) provides an expectation regarding the care of
children. It is noteworthy that as early as 1956 the Northern Ireland
Child Welfare Council stated:
"the child in care has a right to a house of his own as much
like other children as possible".
The aim of child care policy must be to deliver on this aspiration,
whether a child is cared for within a residential or family setting.
Legislatively, the Children Order is neutral in regard to placement
type. Its emphasis is on placement type determined by an individual
assessment of need, and this creates the catalyst for practice that is
specific to each child and responsive to addressing his/her needs. The
recognition that there is no one best way for children means that
there is a need to construct a child welfare system capable of
meeting the variety of needs of children. This means that in the
future foster care of both a short and long-term nature will remain a
significant part of the child welfare system. To be fit for the purpose
this service will need to be well managed, properly resourced and
responsive to the needs of children placed within it.
2
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 37
ADOPTION
Introduction
From ancient to modern times, the adoption of children has always
been sure to catch the public imagination. Adoption presents one of
the most emotive challenges to individuals, families and indeed,
society itself. At its most basic level, adoption is a legal procedure
that creates a permanent family for a child where birth parents are
unable, unwilling or are legally prohibited from caring for the child.
Adoption transfers all parental responsibility to adoptive parents and
places the child within a new kinship network. The legal procedure
occurs at one point in time. But adoption is a lifelong journey that
takes on new meanings and significance for all parties through every
life stage. In its broadest sense, adoption strikes at the very core of
society's values about the 'ownership' and 'belonging' of children. It
is 'about love and loss, about concern and commitment, passion and
grief ' (Rowe, 1966), and it is never simple.
Arguably no other children's service has seen such dramatic change
over the last 50 years. Shifting social attitudes and norms have found
expression in legislative, welfare, policy and social support
frameworks that have shaped adoption over this period. Whether
looked at from the point of view of children, birth parents,
prospective adopters or adoptive families, at any point in history it
can be claimed that 'good adoption practice is complex, important
and fraught with controversy' (Tresiliotis et al, 1997). This chapter
traces key developments that help to define the past, present and
future challenges of services for children and adults affected by
adoption.
The development of adoption services prior to the establishment of
the Welfare State in 1947
Legislation to 1947
Whilst various provisions and obligations were made under the Poor
Laws (1800-1920) with regard to children who had been adopted, the
3
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 39
Chapter
Adoption of Children Act (NI) 1929 introduced to Northern Ireland
the first legislation which dealt specifically with adoption and laid
the
foundations of modern adoption law.
Contrary to popular belief, the history of adoption has not been
dominated by the placement of orphaned, abandoned or neglected
children with 'stranger' families. Non-kinship adoption is a relatively
modern phenomenon. O'Halloran (1994) observed of feudal Britain
and Ireland: 'In societies where the functioning of the whole system
was accepted as being of greater importance than that of each
individual family unit, then the modern problem of unwanted
children did not seem to arise. An extra pair of hands was always
useful in societies tied to the land. But when the economy of a
society changed from being land based to industrial, wage earning
and mobile, the nuclear family unit became more independent and
children often simply represented more mouths to feed'.
In Great Britain, the gap left by the disappearance of social systems
based on feudalism, Catholicism and the extended agricultural family
was, for 300 years, filled by the State in the form of the Poor Laws. In
1921, when the State of Northern Ireland was established, a
substantial legacy of the Poor Law existed in the form of the
workhouses. These contained large numbers of unmarried mothers
and their illegitimate children as well as abandoned children and
orphans.
Non-kinship adoption of children was not encouraged by the Poor
Law administrators who feared that this would so completely relieve
parents of their responsibilities as to amount to condoning
immorality. The perception was that adoption outside of the family
would encourage the production of more children to become a
burden on the rates of the parish. Kinship fostering, where a family
would take in its own rather than let or be seen to let relatives go to
the workhouse was both common and encouraged. Significant
numbers of children were boarded-out. Few were adopted, although
prior to 1929 a non-judicial form of adoption existed. Under the 1899
Poor Law Act, the Board of Guardians had inherited obligations to
have children who had been 'adopted' with their consent visited by a
3
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 40
competent person at least twice in each year. This was to continue for
3 years after the child had been adopted and if the Board was not
satisfied with the reports, the child could be withdrawn.
During the period following World War I there was a significant rise
in the numbers of illegitimate births and large-scale orphanhood
resulting from the war. This, together with the many custody disputes
in cases of de facto adoptions, gave impetus to the 1926 Adoption
Act in England, the first adoption law to be made in the United
Kingdom (Tresiliotis et al, 1997). The 1929 Adoption Act followed in
Northern Ireland, heralded by the then Attorney General:
' ..... if this Bill becomes law, I believe that many persons
who are at present afraid to contract ties of affection for
the children of others lest they be rudely broken, will be
prepared to offer comfortable homes and happiness to
children, who through the misfortunes of their parents
would otherwise have to depend on charity and would be
condemned to a childhood barren of all pleasure and
opportunity ...'
Adoption Bill, Second Reading 1929 Northern Ireland House
of Commons.
Thus, for children unable to be brought up by their birth families, the
principle that legal adoption provides a form of security that cannot
be offered by other forms of care was firmly established and still
prevails today. Adoption became a judicial procedure and, for the
first time, transferred parental rights and responsibilities from one
party to another. An adoption order once made was irrevocable.
Unlike present day adoption, this law preserved the adopted child's
right to inherit from his or her birth family but required specific
provision to be made if the child was to inherit from the adoptive
family. It reflected reluctance on the part of the establishment to see
inheritance passed to 'outsiders' and contemporary beliefs about
maintaining the class structure through kinship ties.
3
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 41
The social context to 1947
Poverty was rife in Northern Ireland during the 'depression' years of
the 1920s and 1930s with the decline of the shipbuilding, linen and
textile industries. In the severest times almost a quarter of the
insured population were unemployed. Great numbers of families
were dependent on Poor Law Relief assistance. There were no
statutory benefits for unwed mothers who were not in a position to
work, until 1948 when the National Assistance Act (Northern Ireland)
introduced minimal aid to one-parent families, other than widows.
Many women and their illegitimate babies who were admitted to the
workhouse had no hope of reunification with their families. They
shared their living circumstances with others who were vulnerable
and poverty stricken. 'Unmarried mothers' and 'infants' were only 2
categories in an official 1905 classification of workhouse residents
which included 'the sick'; 'the aged and infirm'; 'lunatics'; 'sane
epileptics'; 'children between infancy and 15 years of age'; 'casuals or
'ins and outs'; 'vagrants or tramps' and 'other able bodied'. When the
Poor Law Commission of Inquiry reported in 1906, there were 2,129
unmarried mothers in workhouses. By 1938 a number of institutions
had been established, mostly by churches and charitable bodies to
support unmarried mothers and their numbers in workhouses had
reduced to 61.
The rate of illegitimate births in Northern Ireland declined steadily
from a peak of 5.1 per cent of all births in 1930 to 4.6 per cent in
1940, although by 1945 the rate had risen to 5.4 per cent. There was
a sharp increase in the annual number of adoption orders during the
war and immediate post war years. The numbers peaked at 387 in
1945 and then began to fall despite marriage and divorce rates
remaining steady during the same period. O'Halloran (1994) proposes
that this was due to the re-distributing of legitimate children
orphaned by the war and stepparent adoptions rather than a
significant increase in placements of infants born to unmarried
mothers. Tresiliotis et al (1997) observed that the stigma attached to
non marital births and fears that adopted children might inherit
traits, including 'immorality' and 'bad habits' was an attitude that
limited adoption before about 1945 mainly to the working class.
3
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 42
From the 1930s to the post war years, few details about an adopted
child's background were passed to prospective adopters. Birth parents
(almost always the mother, as birth fathers were rarely identified and
not usually visible) were in turn given sparse information about the
adopters' circumstances. The information required of both the
mothers placing children for adoption and the prospective adopters
was minimal - often contained in brief proformas. These
concentrated purely on the material facts rather than the wishes,
feelings and emotions of the parties concerned. Fathers, if identified
by the mother, were rarely interviewed and in many cases were
unaware of the existence of the child.
Adopted people were not permitted to have access to information
held on adoption agency records about their birth circumstances.
O'Halloran (1994a) points out, however, that an adopted person was
always able to obtain some information - where he or she knew their
date of birth and the birth surname, it was possible to apply to the
Registrar General's office for a copy of the original birth certificate.
The need to preserve strict confidentiality in respect of the
identification of personal details of all parties did not feature
strongly in adoption practice until the 1960s. A study undertaken by
McVeigh (1995), which considered a sample of persons who had been
adopted in the 1930s, 1940s and 1950s who had sought access to
their birth records, found that the majority of these adoptees had
retained their original Christian names and most had information
about their birth surname. Some had background information such as
the age of the birth mother and her place of origin. In the early
years, it was not unusual for legal documentation containing the
details of birth parents, the child's birth name and prospective
adopters to be openly passed to each party for signature. Indeed,
there was an assumption in the 1929 Act that most hearings would
take place in open courts and only in exceptional circumstances
would there be proceedings 'in camera'. In practice, however,
hearings were conducted in private (Caul and Herron, 1992). What is
interesting is that despite this knowledge, in general, birth parents,
adoptive families and adult adoptees preserved each other's
confidentiality. The implicit ethics were such that it would have been
rare, if not unknown, for either party to have made direct contact at
any stage.
3
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 43
The management and structure of adoption services to 1947
Between 1929 and 1947, the Board of Guardians was responsible for
discharging statutory obligations in respect of children who had been
adopted. Inspectors and Child Protection Officers carried out duties
on behalf of the Board. In 1947 the Board of Guardians' welfare
functions transferred to eight newly established welfare authorities
established within the county and county borough councils. Each
authority's powers were carried out by a statutory welfare
committee, which appointed Children's Inspectors and Welfare
Visitors. The latter appear to have acted as investigating officers for
the adoption court.
The period between the 2 World Wars also saw the establishment of
a number of non-statutory societies to arrange adoptions. Whilst the
1929 Act upheld the principle that all decisions in relation to
adoption should be taken with regard for the child's welfare, the
Horsburgh Report (1937) in England found that some agencies were
advertising with financial inducements and profit motives that had
little regard for the welfare of children. There was some evidence
that a similar situation existed in Northern Ireland (Caul and Herron,
1992). It was not until 1950 that new legislation abolished such
activities. According to the 1950 Northern Ireland Yearbook at least
12 adoption societies were operating here at that time.
Adoption legislation, the social context and structure of services
1948 - 1967
Legislation 1948 - 1967
The Adoption of Children Act (NI) 1950 followed new adoption
legislation in England in 1949. The Act introduced a number of
requirements which developed further safeguards for children and
addressed deficiencies in the 1929 legislation. The new provisions
included:
• the making of an interim order in all cases for a period of not less
than 3 months and not more than 2 years;
3
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 44
• the appointment of a guardian ad litem in all cases; and
• the registration of voluntary adoption societies and the
prohibition of any 'body of persons' other than a registered
adoption society or welfare authority from making adoption
arrangements, advertising or profit making.
Whilst the Act was very similar to its English counterpart, there were
important differences. Applicants had to be resident or domiciled in
Northern Ireland, whereas there was more flexibility in relation to
residence in the English Act. In Northern Ireland, two court hearings
were separated by a 'probationary' period of at least 3 months
before the final adoption order could be granted. This was in
contrast to the English system whereby if the child had been in the
care and possession of the applicant for at least 3 months beyond the
age of 6 weeks, a final order could be made. The English Act had
now established that for the purposes of the law of succession and in
the absence of any contrary intention, a reference in any will made
after 1958 to 'a child of the family' was to include an adopted child
(O'Halloran, 1994). This provision did not exist in the Northern
Ireland Act.
The Act was accompanied by further statutory rules and orders
governing court procedures for making adoption orders and the
registration of adoption societies. It is important to note that this
Act
did not prevent individuals from making private arrangements to
place children for adoption directly or through a third party. Priests,
ministers of religion and doctors were often able to secure infants for
childless couples and acted as the intermediary between a usually
distressed mother and 'respectable' couples longing for a child.
When the Hurst Committee reported on deficiencies in English
adoption law and procedure in 1954, a new Adoption Act followed in
1958. In Northern Ireland, the Child Welfare Council was asked by the
Ministry of Home Affairs in 1959 to carry out a similar inquiry. The
Council published its report, "Adoption of Children" in 1963
(HMSO,
1963). The report indicated that from 1955-59 the number of
adoption orders which had been made was 1,267 and of this number
99 per cent of the children were under 5 years and more than 50 per
3
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 45
cent were under 2 years. Third party and direct placements accounted
for 39 per cent of the children placed. The Council made a number of
recommendations including the need for:
• more control over third party and direct placement of children for
adoption;
• the retention of interim orders but that normal practice should be
for an adoption order to be made at a single hearing after 3
months continuous care and possession of the child by the
adoption applicants (subject to more supervisory powers being
introduced to protect the child's interests);
• more flexibility for applicants domiciled in Great Britain and
resident in Northern Ireland and vice versa;
• the retention of existing arrangements vis a vis the right of an
adopted child to see his or her birth certificate. The Council
proposed that because Northern Ireland was such a small
community, easy access to birth details could lead to all sorts of
personal tragedies. The Registrar General was to continue,
therefore, only to provide information about an original birth
certificate in exceptional circumstances and only by order of
the court;
• closer links should be established between adoption societies
(there were only 4 active at this time) and voluntary children's
homes; and
• the appointment of a guardian ad litem independent of the
placing agency in all cases.
The Adoption (NI) Act 1967 in effect enshrined all of the above in
legislation, with the exception of the appointment of the
independent guardian ad litem. In England, guardians tended to be
appointed from neighbouring authorities. In Northern Ireland it was
not until the 1980s that the practice of appointing a guardian from a
team, other than that of the investigating officer, was established.
The guardian did not become independent of the placing agency
3
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 46
until 1996 when, as a result of the Children (NI) Order 1995, the
Northern Ireland Guardian ad Litem Agency was established.
An important feature of the 1967 Act related to cases where an
application had been made to dispense with parental consent.
Section 5(1) of the Act stipulated that in such cases the welfare of the
child must be the 'paramount' consideration. The child's welfare
therefore took precedence over all other considerations in this
situation. In 1967 the United Kingdom ratified the European
Convention on the Adoption of Children, which required that the
consent of a parent to adoption might be dispensed with "only on
exceptional grounds determined by law." The principle of
'paramountcy' of the welfare of the child was therefore to become
the focus of much deliberation prior to the 1987 adoption legislation
and continues to be the subject of some considerable debate.
The social context 1948-1967
In the period following World War II, adoption was beginning to be
seen as a solution to the problem of infertility and was gaining
popularity among the middle classes. Tresiliotis et al (1997)
commented: "Although this was a period when nurture was
supposed to rule over nature, this optimism was not reflected in the
practice of adoption agencies in the way they selected children for
placement. This came to be known as the era of the 'perfect baby'
for the 'perfect couple'. Great effort was put into matching infant
and parents in an attempt to create a family as 'like' a biological one
as possible. An 'adoptable' infant was, generally speaking, white,
healthy, with an acceptable background and developing normally".
Bowlby's (1951) theories of maternal deprivation and bonding had a
significant influence on adoption practice. The suggestion that
children separated from their parents from a very young age would
not be able to attach to adoptive parents served to focus adoption
practice on infants rather than older children. Many children over the
age of 2 or infants who had even a slight 'defect' in appearance were
rejected as unsuitable for adoption. To take but one example noted
in a Northern Ireland case record completed in 1955 on a healthy
3
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 47
baby boy: the child's mother did not wish to have anything to do
with him and was 'most anxious that the child should be adopted'.
The report on the 6-week-old boy noted that he was 'unsuitable for
adoption', the reason being that the child had 'infantile eczema'. The
child spent his life until the age of 19 years in the residential care
of
a voluntary agency. Sadly, this was not untypical. Any history,
however remote, of mental illness, epilepsy or disability in the family
history automatically excluded a child from being considered for
adoption. The numbers of new born or very young infants who could
have been made available for adoption during this period far
outweighed the number of people wishing to adopt - perhaps the
only time in modern adoption history when this was the case.
The number of annual adoptions, having fallen after the war,
increased between 1950 and 1955 from 169 to 259. O'Halloran (1994)
links this to an increase in the numbers of children in care over the
same period and the growing popularity of boarding-out children. He
concluded that it is possible that the increase in adoption orders was
due to a rise in the number of foster parent adoptions rather than
more infants becoming available. During the next 5 years adoption
rates fell, as did the numbers of children in care.
Despite a new liberalism emerging in the early 1960s, social attitudes
towards unmarried women who became pregnant had not
significantly changed, even amongst 'professionals'. In the 1963
Council Report, referred to above, there was a suggestion that 'some
social workers were reluctant to place second or additional
illegitimate children of unmarried mothers or the illegitimate
offspring of married mothers as there might be some taint of
immorality which could be hereditary' (Caul and Herron 1992). The
report urged that this policy should be discontinued in the interests
of children. Speaking of his experience as a young curate in the early
1960s, Cardinal Edward Daly captured the public and private view of
adoption:
" ... Single women who had children outside marriage were
(also) treated cruelly. Parents could be quite ruthless with a
daughter caught in this unfortunate situation. Society
generally was not supportive or sympathetic to the single
3
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 48
parent, at that time. I dreaded and loathed being involved
in these situations. On a few occasions, thankfully not very
often, I was called to a house to be confronted by such a
situation. On arrival, I was told, usually by a distraught
mother but sometimes by both parents, that they had just
become aware that their daughter was pregnant. They had
younger children at home and they did not want them or
any of the neighbours to know of their daughter's
dilemma. I was then asked to make arrangements for the
daughter to go somewhere discreet where she and the
baby could be cared for until after childbirth. They almost
always insisted that the baby be placed for adoption, or, at
least, that it should not under any circumstances, be
brought back to the family home. The young woman
herself was seldom consulted on these occasions. It was a
very difficult situation and any suggestion that the young
woman might stay at home would be met with incredulity
and anger. It was my practice to try to comfort and support
the young mother as best I could, but usually she was so
distressed and ashamed that she too, at this stage, just
wanted to get away from all the hysteria at home as
quickly as possible. I felt quite inadequate in such
circumstances. An order of religious sisters would usually
care for mother and child for as long as was necessary ...
The father of the child or the existence of such an
individual, was seldom mentioned". Daly,
2002
From 1960-67 the annual marriage rate climbed steadily but after the
introduction of the Legal Aid Scheme in 1966, the number of divorces
suddenly doubled. The rate of illegitimate births also increased.
Adoption orders almost doubled from 231 in 1960 to 415 in 1967. In
view of the decrease in the numbers of children boarded-out during
this period, O'Halloran (1994) suggests that the rise in adoption
reflected increases in stepparent adoptions within reconstituted
families and adoptions of relinquished infants rather than adoptions
of children in statutory care. The numbers of infant adoptions
continued to increase until well into the 1970s.
3
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 49
The management and structure of adoption services 1948-1967
Adoption services came under the auspices of the newly created
welfare authorities in 1947. Caul and Herron (1992) note that by the
time the professionalisation of social work in the late 1950s and early
1960s was underway, local authority services had continued to
expand with a wider range of services becoming available to meet
specific needs. In the 1960s, whilst there was a tendency to move
towards general 'social welfare officers', the most senior posts
became specialist in nature. Children's Officers were established in
each welfare authority, reporting through a Deputy Chief Welfare
Officer to the Chief Welfare Officer. Their responsibilities included
adoption services, although the management of services fell to
Assistant Children's Officers. Each Divisional Welfare Office appointed
Senior Social Workers who, in addition to other child care
responsibilities, supervised adoption practice. Amongst a host of
general welfare, family and child care duties, social workers
undertook home approvals of prospective adopters and provided
support to mothers who were contemplating placing a child for
adoption. They also carried out guardian ad litem duties.
By the early 1960s adoptive applicants had become subject to more
intensive home study investigations, heavily influenced by
psychoanalytical perspectives that were promoted in professional
social work training courses. There were specific requirements to be
met on the part of adopters in relation to age, length of marriage,
income and housing conditions. The welfare authority's list of
approved adopters was maintained by the Assistant Children's Officer
who in discussion with Senior Social Workers, linked children with
adoptive families. Welfare committees, made up of local councillors,
approved all adoption placements of children.
The Northern Ireland Child Welfare Council Report (1963) referred to
above established the framework for a modern adoption service. The
Report noted that for the 1955-60 period, 26 per cent of placements
were by a registered adoption society - by this time only 4 adoption
societies were active and only one employed a full time fieldworker.
Third party and direct placements accounted for 39 per cent of the
children placed. Twenty one per cent of applicants were blood
3
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 50
relatives. The Report also found that voluntary children's homes had
a poorer track record than statutory homes of boarding children out.
As it was not unusual in the 1950s and 1960s for older children in the
public care to be adopted by their foster carers, there was therefore
less potential for children in voluntary homes to be adopted. Church
affiliated voluntary sector agencies continued to approve couples and
place children for adoption in increasing numbers. In 1961-62,
approximately 35 per cent of adoption placements were made by
registered adoption societies. During the same period 30 per cent of
children were placed by the statutory authorities and 9.7 per cent by
'other persons'.
Several residential homes/hostels were established, mainly by the
voluntary sector, to enable mothers to await the birth of their child
and, where they had decided against adoption, to care for their child
until they found a suitable home.
Adoption legislation, the social context and structure of services
1968-1988
Legislation 1968-1988
The Children and Young Persons Review Group under the
chairmanship of Sir Harold Black ('The Black Committee') was
appointed by Ministers in 1976 to review the legislation and services
relating to the care and treatment of young persons under the
Children and Young Person's Act (NI) 1968, the Adoption (NI) Act
1968 and the Probation Act (NI) 1950 and to make recommendations
as to changes in legislation and organisation in services
The consultative paper 'Adoption of Children in Northern Ireland'
(HMSO, 1980) was produced as a stand-alone report in recognition of
the fact that 'adoption was an important and complex subject which
required consideration separate from the main part of the Review'.
Several recommendations emerged in the final report of the
Committee: 'Adoption of Children in Northern Ireland : Report of the
Children and Young Persons Review Group' (HMSO 1982). Some of
these were disregarded by the legislation that was to follow. The
3
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 51
Adoption (NI) Order 1987 however gave effect to a number of the
recommendations, including:
• the introduction, for the first time, of a statutory duty on HSS
Boards to provide an adoption service;
• prohibition of independent or 'third party' placements of children
with non-relatives. All placements were to be made through an
adoption agency;
• the introduction of a freeing order for children - either with or
without the agreement of parents - through which parental rights
could be transferred by the court to an adoption agency;
• adoption placements arranged by voluntary adoption societies
should no longer be subject to HSS Board approval and the
welfare supervision of the child prior to the granting of an
adoption order should be undertaken by the placing agency;
• the mandatory appointment of a guardian ad litem and reporting
officer in all adoption and freeing order cases; and
• on reaching the age of majority an adopted person should have
access to his/her birth records.
It is noteworthy that the Black Committee, after much deliberation,
also recommended that Section 5 (1) of the 1967 Adoption Act, which
provided for the welfare of the child to be the paramount
consideration in dispensing with parental consent, should be deleted.
This was based on interpretations of the 1967 European Convention
on the Adoption of Children, referred to above. The Committee
commented that 'in Northern Ireland, there have been very few cases
in recent years involving dispensation of consent, hence there is little
evidence available as to the merits or demerits of the paramountcy
principle'. Had the Committee been reviewing the present day
situation in adoption, its members might have come to a different
conclusion.
3
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 52
The Black Committee recommended that the legislation should
provide that in deciding any course of action in relation to the
adoption of a child 'a court or adoption agency shall have regard to
all the circumstances, full consideration being given to the need to
safeguard and promote the welfare of the child throughout his
childhood'. The 1987 Adoption Order, however, closely followed
Section 3 of the 1975 Children Act in England and Wales by providing
that the court shall 'regard the welfare of the child as the most
important consideration' but in contested cases the court must then
go on to consider whether the statutory criteria can be met for
dispensing with parental consent.
The 1987 Adoption Order was implemented in 1989 in conjunction
with the Adoption Agency Regulations (NI) 1989. The regulations
required, inter alia, the establishment by each adoption agency of a
panel of experts (which has come to be known as an Adoption
Panel), to make recommendations to the Agency about the suitability
of children to be adopted, the suitability of applicants as adoptive
parents and the proposed placement of children with prospective
adoptive families.
The social context 1968 -1988
In the first half of this period, adoptions in Northern Ireland reached
unprecedented numbers. In 1970, there were 554 adoption orders
granted. In the late 1970s, however, there was growing concern
about the numbers of children languishing in care for want of
effective planning. The 'Children who Wait' study in England (Rowe
and Lambert, 1973) showed that whilst some children could have
rejoined their parents, others required a long-term alternative. At
about this time the idea of 'permanency planning' was sweeping into
the United Kingdom from the USA. The number of adoptions of
children in care in Northern Ireland, however remained very low,
bolstered by occasional adoptions of children by their foster carers.
The 18 years from 1970 saw a gradual fall in the numbers of
adoptions to 270 in 1988. During this period the percentage of
'stranger' adoptions as a proportion of all adoptions also fell. The
3
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 53
figures available show that in 1974 the 211 adoptions of children by
'strangers' accounted for 64 per cent of 332 adoptions. By 1987 there
were 104 'stranger' adoptions accounting for only 36 per cent of 285
adoptions. The remaining adoptions involved stepparents or other
relatives.
O'Halloran (1994) shows that both the annual rates of adoption and
marriage reached their peak during this period, despite little or no
change in the rate of illegitimate births. From the early 1970s to the
late 1980s, he claims, several statistical trends are apparent which had
a direct bearing on shaping the modern use of adoption:
• marriage became less popular with a marked decrease in the
marriage rate after the introduction of the Matrimonial Causes
(NI) Order 1978 and the Domestic Proceedings (NI) Order 1980;
• childbirth became less dependent on marriage (perhaps as a
consequence of the above) and the number of illegitimate births
increased from 3.8 per 1000 to 12.7 per 1000 in 1986, accompanied
by preferential welfare benefits for single parents;
• advances in law and medicine increased the extent to which
maternity became a chosen option. Pregnancy could be avoided
through the use of improved contraceptives or terminated by
abortion. Persons undergoing abortion in England but giving an
address in Northern Ireland increased from 199 in 1970 to 1,724 in
1986; and
• more children were being cared for by the State. Numbers
increased from 1,717 in 1970 to 2,448 in 1984 with the proportion
of those committed under a compulsory care order rising from
37.6 per cent in 1964 to 74.8 per cent in 1984.
The stigma associated with illegitimacy had diminished by the early
1980s - "the status of unmarried motherhood came to be absorbed
into the rapidly growing number of 'lone mothers' which followed
the relaxation of the grounds for divorce ... the issues of illegitimacy
... were subsumed into the new concern about lone parenthood, a
concern partly aroused by the poverty with which it was often
3
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 54
accompanied ... moreover, the sheer numbers of unmarried mothers
meant that pregnancy outside of marriage could no longer be seen
as a special problem of the deviant few", (DoH, 1999).
The whole character of non-kinship adoption had changed
dramatically by the end of this period from being dominated by the
placement of illegitimate babies to securing alternative arrangement
for children who had been removed from 'defaulting parents'
(O'Halloran, 1994).
Structure of services 1968 - 1988
In a major reorganisation of the Health and Personal Social Services
in 1973, the functions of welfare authorities were transferred initially
to the Ministry of Home Affairs. The Ministry delegated these to the
4 HSS Boards. Primary responsibility for the 1967 Adoption Act (as for
all other statutory functions) was subsequently transferred to the
DHSS. The 4 Boards were thus entitled to act as adoption agencies,
although there was no statutory duty to provide an adoption service
until the 1987 Adoption Order came into force.
In 1973 each Board established administrative Districts, (District
Social
Services Office) each of which had a Senior Social Worker responsible
for adoption services, accountable to a Fieldwork Services Manager at
Principal Social Work level. The model for service delivery varied
across Boards. In some Districts, all home study assessments of
adoptive applicants were undertaken by specifically designated
'adoption' social workers. In others, particularly in the Eastern Board,
social workers continued to operate as generic workers and in
addition to general welfare responsibilities fulfilled the full range of
adoption services including: support for mothers contemplating
adoption and those placing children for adoption; home study
assessments of adoptive applicants; reporting officer and guardian ad
litem duties on behalf of other District teams who were the placing
agencies. By the 1970s Boards had begun to 'close' adoption waiting
lists - normally divided into Protestant and Catholic lists - for
periods
due to the growing numbers of adoptive applicants and the
decreasing numbers of infants available for adoption. In some
3
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 55
situations, Catholic lists remained open, as there were greater
numbers of relinquished Catholic infants. The maintenance of lists of
each Board's approved adopters and the linking of children with
adopters was co-ordinated centrally by an Adoption Services Manager
or equivalent. Boards also established Standing Adoption
Committees/Working Groups to oversee and review adoption policies
and procedures. The Assistant Directors of Social Services chaired
these and membership included the Principal Social Workers for
Fieldwork Services.
The mid 1980s saw a move away from the generic model of service
delivery and the introduction of specialist Programmes of Care. All
Districts created fostering and adoption teams relating to specialist
managers within Family and Child Care Programmes of Care. This
model was to prevail through further re-organisation of the HSS into
general Units of Management in the early 1990s.
The years 1968-1988 were characterised by a significant period of
retraction for voluntary adoption agencies. In 1980, the Black
Committee reported that there were 3 agencies still in operation:
• the Church of Ireland Adoption Society for Northern Ireland;
• the Poor Sisters of Nazareth Adoption Society; and
• the Catholic Family Welfare Adoption Society.
In 1974, voluntary societies had placed 49 children for adoption.
Placements over the following years reduced, although 1980 and
1983 respectively saw 49 and 51 adoptions placements by voluntary
agencies. By the latter part of the 1980s the numbers were steadily
falling and stood at 21 placements for 1987. The 1987 Adoption
Order, however, relieved voluntary societies of seeking the approval
of Boards to their adoption placements and vested in societies the
right to provide the welfare supervision of the child until the
adoption order was granted.
3
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 56
Adoption legislation, the social context and structure of services
1989-2001
Legislation 1989 - to the present
The Children (NI) Order (1995) and its associated regulations and
guidance introduced a number of changes, which were to have a
direct bearing on adoption services. These included:
• the establishment of the Northern Ireland Guardian ad Litem
Agency (NIGALA). The Children Order provided for the
appointment of a guardian ad litem for a child who is the subject
of proceedings specified in Article 60 (6) of the Order. This
includes all public law proceedings in respect of children and all
proceedings associated with adoption. NIGALA was launched in
time for the commencement of the Children Order in November
1996, as a special agency of the then Department of Health and
Social Services (DHSS). The main function of the Agency is to
establish, organise and manage a regional guardian ad litem
service. NIGALA is independent of HSS Boards and Trusts. For the
first time, therefore, the role of guardian ad litem within adoption
proceedings became entirely independent from that of the placing
agency;
• the setting up of an Adoption Contact Register to enable adopted
people (from 18 years old) and their birth parents or other
relatives, where they wish, to make contact with each other; and
• the repeal, amendment and insertion of articles in the Adoption
(NI) Order 1987, by the Children Order. Most notable was the
insertion of a requirement in relation to a child whose father does
not have parental responsibility for him/her. The court must now
satisfy itself that the father has no intention of seeking a parental
responsibility agreement or a residence order in respect of the
child and that if he did make such an application, this would be
likely to be refused. Whilst the Adoption Order already provided
that 'all reasonable steps' should be taken to identify the father of
the child, this new requirement brought putative fathers into
adoption considerations in a hitherto unprecedented way.
3
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 57
The Adoption Allowances Regulations (NI) 1996 followed the
Children Order and enabled adoption agencies to pay allowances to
people who intend to adopt a child in pursuance of the
arrangements made by the agencies. This created greater potential,
in particular for older children to be adopted by foster carers or to be
adopted by families who would otherwise find it difficult to meet the
financial implications of the child's assessed needs.
In the early 1990s, a new phenomenon - intercountry adoption - was
to have a significant impact on adoption services in Northern Ireland.
Before 1990, adoptions from abroad were almost unheard of here
and the few that had taken place were of children adopted by
relatives. The United Kingdom and several other contracting States
were parties to the 1993 Hague Convention on the Protection of
Children and Co-operation in Respect of Intercountry Adoption. The
Hague Convention established fundamental principles, based on the
United Nations Convention on the Rights of the Child, that were to
govern intercountry adoption arrangements. These were to be
enshrined within legislation in participating States to:
• establish safeguards to ensure that intercountry adoption takes
place in the best interests of the child and with respect for his or
her fundamental rights as recognised in international law and
without any profit being made from the process;
• establish a system of co-operation amongst those who have
ratified the Hague Convention to ensure that those safeguards
are respected and thereby prevent the abduction of, the sale of,
or traffic in children; and
• secure recognition of adoption orders between convention
countries.
The Adoption (Intercountry Aspects) Act (NI) 2001 provided for the
first time a statutory basis for the regulation of intercountry adoption
in Northern Ireland. The main provisions of the Act amended the
Adoption (NI) Order 1987 to:
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 58
• place a statutory duty on HSS Boards and Trusts to establish and
maintain a service that covers both domestic and intercountry
adoption;
• make it illegal for any individual or agency other than HSS Boards,
Trusts and registered voluntary adoption agencies to undertake an
assessment of a person's suitability as an adopter; and
• make it an offence for anyone habitually resident in the British
Isles to bring a child into Northern Ireland for the purpose of
adoption (other than adoption by a parent, guardian or relative)
unless they meet the requirements to be prescribed in Regulations.
When fully enacted, the Adoption (Intercountry Aspects) Act (NI),
together with similar legislation in England, Wales and Scotland will
enable the United Kingdom to ratify the Hague Convention.
The social context 1989 - to the present
Looked after children and birth families
When the Adoption Order was implemented in 1989, HSS Boards had
to come to grips with the new legislation, in particular the concept of
freeing children for adoption and the testing of this in the courts.
Few children were freed in the years immediately after the
implementation of the Order. There are views that professional
practice at that time was dominated by 'themes' emanating from the
Children Act 1989 (England and Wales). Although the paramountcy
of the welfare of the child was the central tenet of the Children Act,
principles such as the 'no order' principle and 'partnership with
parents' appeared to be significantly influencing child care decisions
in Northern Ireland. Adoption, therefore, which would involve the
severing of all legal ties with birth parents, was not often considered
to be a satisfactory option for children.
Between the implementation of the Adoption Order in October 1989
and May 1996, only 50 children in the Eastern Health and Social
Services Board (EHSSB) (the Board with the largest 'in care'
3
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 59
population) had been freed or were in the freeing process. Kelly and
Coulter (1997) have commented 'not only was freeing little used, but
the process was fraught with the delays and difficulties common to
other jurisdictions. Also, its use was largely confined to babies, 75
per
cent being under one year old. Thus, freeing has rarely been used to
move children out of long term care, but rather to try to prevent
them entering it'.
The late 1990s and the first years of the 21st century in Northern
Ireland, however, have seen an unprecedented emphasis on achieving
'permanency' and positive life opportunities for children in a care
system that has traditionally failed them. There is now greater
recognition of the right of every child to a safe, stable and
permanent family that will provide life long relationships with
nurturing care givers. Permanency planning is about establishing a
foundation for the child's healthy cognitive, physical and emotional
development into adulthood. The Children Order regulations and
guidance require a plan for achieving 'permanency' to be considered
at each statutory review of a looked after child. In some situations,
where children cannot live with their birth families, this might be
achieved through stable foster care situations where it is evident that
foster family ties will continue beyond the child reaching the age of
majority. More often, this is unlikely to be the case and adoption is
becoming the optimum care plan for greater numbers of children.
The DHSS Circular, 'Permanency Planning for Children: Adoption -
Achieving the Right Balance' (May 1999) required Boards to consider
including adoption services in their children's services plans and
enjoined senior managers in Trusts to 'satisfy themselves that
adoption services are included' in the Boards' Plans.
In the period 1 April 1997 to 31 March 2001 in Northern Ireland there
was a significant increase in freeing order applications and in
'consolidated' proceedings i.e. applications for care and freeing
orders being brought simultaneously before the courts (Table 3).
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 60
Table 3 - Numbers of children who were the
subjects of Freeing
Applications 1 April 1997 to 31 March 2001*
* Figures taken from NIGALA Annual Reports 1998-2001.
The numbers of children adopted in the period 1 April 1997-30 March
2001 are shown in Table 4. Preparation for the November 1996
commencement of the Children Order may have precipitated a large
number of adoptions of looked after children from long term
fostering or wardship situations in the year 1997-88. Despite the
numbers of children placed for adoption in that year, there were few
children who were the subjects of freeing proceedings (see Table 3),
confirming that most adoptions were completed with parental
agreement. The sudden leap in the numbers of children placed for
adoption in 2001-2002, however, and the increasing use of freeing
during that year may indicate that 'permanency' policies are
beginning to have an impact on the lives of children in care. The
Government has given this further impetus by establishing targets for
securing the adoption of looked after children in its 2001 - 2002 and
2002 - 2003 Priorities for Action Programmes.
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 61
Year Numbers of children who
were the subjects of Freeing
Applications
1 April 1997 - 31 March 1998 17 children
1 April 1998 - 31 March 1999 42 children (including 12 children
who were the subjects of
'consolidated' proceedings)
1 April 1999 - 31 March 2000 37 children (including 4 children
who were the subjects of
'consolidated' applications)
1 April 2000 - 31 March 2001 42 children (including 16 children
who were the subjects of
'consolidated' applications)
Table 4 - Number of children adopted during the
financial years
1997/98 - 2000/01*
* Figures are taken from NIGALA Annual Reports (1998 - 2001) and
exclude adoptions of children from overseas.
The age of children placed for adoption has changed significantly
over the years. The NIGALA Annual Report 2000-2001 shows the age
ranges of children who were the subjects of adoption or freeing
proceedings during the period 1 April 2000 to 31 March 2001. These
are presented in Table 5.
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 62
1 April 1 April 1 April 1 April
1997- 1998- 1999- 2000-
31 March 31 March 31 March 31 March
1998 1999 2000 2001
Children placed by 84 54 50 99
statutory agencies (53.5%) (41.9%) (35.5%) (57.2%)
(% of year total)
Children placed by 6 1 7 4
voluntary agencies (3.8%) (0.1%) (5%) (2.3%)
(% of year total)
Stepparent 67 74 84 70
adoptions (42.7%) (57.4%) (59.6%) (40.5%)
(% of year total)
Total 157 129 141 173
Table 5 - Age of children who were the subjects
of Adoption or
Freeing Order Proceedings during the period 1 April 2000 -
31 March 2001 (excluding Family and Intercountry adoptions)
Thus, from a service that was dominated from the inception of the
welfare state and well into the 1980s by placements of illegitimate
babies, the pre-eminent concern now is to find adoptive homes for
older children in the care system. Research has shown that the
younger the child is at the time of placement, then the greater the
chances of a successful adoption outcome, Department of Health
(DoH, 1999). In contested proceedings, however, the tension between
the Children Order principle of the 'paramountcy' of the welfare of
the child and the 'tests' that the Adoption Order imposes on the
courts in respect of dispensing with parental consent, presents
difficulties that, in turn, can have a negative impact on planning for
children. One of the major challenges facing adoption services and
the courts today is how to identify children early and enable them to
be placed quickly with an adoptive family without compromising the
quality of professional considerations about the potential of the birth
family to provide their own child with a loving, safe and permanently
secure home, or the due process of the legal system.
The role of birth families has assumed even greater significance in
modern day adoption practice. When parents place a new born child
for adoption, it is in the knowledge that the child may one day wish
to meet with them and perhaps establish a relationship. As recently
as the early 1980s, such an event was unthinkable for parents who
3
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 63
Age of Children Number
Under 1 yr 10 (7.6%)
1 yr - under 5 yrs 70 (53.4%)
5 yrs - under 10 yrs 32 (24.4%)
10 yrs - under 15 yrs 11 (8.4%)
16 yrs and 17 yrs 8 (6.1%)
TOTAL 131 (100%)
could be assured within the law that their confidence would be
preserved. The sensitivities of women who in the past did not wish to
identify the father of their child, cannot now be accepted to the
same extent without full exploration of the rights of the putative
father and, indeed, the child's right to an identity in which full
knowledge of his or her parentage plays a significant part.
The issue of contact between children who are adopted at an older
age and their birth families also distinguishes adoption today from its
distant - and relatively recent - past. The presumption within the
Children Order that looked after children will have continuing
contact with birth families where this is in the child's interests has
had a significant influence in promoting a more 'open' approach to
adoption. Unlike the 'traditional' adoption of the past, this does not
automatically preclude direct or indirect contact with birth families.
Children in the care system will often have established links with
birth family networks or other siblings in care. It is not uncommon
now for birth parents and prospective adoptive parents to meet, even
in the case of relinquished infant placements. Where there is no
direct contact, adoption agencies have established 'post box'
arrangements for birth and adoptive families to share information at
important stages. Decisions about the level and nature of contact,
however, must always be carefully weighed in terms of the
'paramount' welfare of the child and its implications for children
striving to establish new identities in ways that will not jeopardise
their future well-being.
The current culture of openness is to be welcomed. Children placed
for adoption today have more access to knowledge about their
families of origin and are given a sense of history about themselves
and their past that was denied to former generations.
Once an adoption order is made, it is now widely acknowledged that
the days of 'closing the file' have gone. Many children and their new
families will continue to need support in dealing with the challenges
that their new situations bring. Some of these will include health,
social care and educational needs. Families will also require
reassurance that they can come back at a future date as the
developing child's needs unfold. Adoption services today and in the
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 64
immediate future must take account of the structures and expertise
required to offer welcoming and effective multi disciplinary post
adoption support whenever this is needed, whether immediately
following the adoption or at some further stage along the road.
Adopters
Adoption has come to be 'acknowledged in official and professional
circles primarily as a means of meeting the needs of certain children
rather than as a solution to the problem of unmarried motherhood
or to the needs of infertile couples' (DoH, 1999). Childlessness due to
infertility is an increasing phenomenon in Western society. The
Northern Ireland Health and Social Wellbeing Survey 2001 indicated
that 13 per cent of people in a representative sample of the
population aged 35 - 44 years had sought medical or professional
help about infertility. Adoption agencies continue to be contacted by
significant numbers of people seeking baby placements, which are
now rare. The challenge to adoption agencies is to assist couples in
making the psychological leap from 'the perfect baby' to considering
whether they can offer an older infant or child a permanent family -
or indeed, to considering whether adoption is a suitable alternative
for them. One voluntary adoption agency on Northern Ireland
currently specialises in fertility counselling, which can help couples
towards learning to live with childlessness. Some couples in Northern
Ireland have remained on HSS Trusts' approved adopter lists for over
10 years awaiting the placement of a baby with no 'in care' history.
Historically, childlessness remains the most common reason why
people pursue adoption. The way applicants are prepared and chosen
to become adoptive parents has, however, changed significantly over
the years. The functional approach of the very early years, followed
by the psycho-analytical perspectives of the 1960s and 1970s and the
rather mechanistic home studies that have characterised more recent
times have given way to the need for approaches that more
adequately prepare applicants for the challenges of modern
adoption. The one-to-one method of engagement, which has
predominated adoption home study approvals in Northern Ireland,
has already been developed by some HSS Trusts to accommodate
greater opportunities for learning on the part of those considering
3
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 65
adoption. In the near future, few people - whether domestic or
intercountry applicants - will formally apply to be considered as
adoptive parents without having had the chance to gain, through a
range of experiences, some insight into the challenges of adoption
today.
Stepparent/family adoptions
Stepparent adoptions fell in the 10 year period from 159 in 1987 to
67 in 1997 with a slight increase over ensuing years (Table 4). The
general downward trend, however, perhaps reflects the continuing
rapid decline in marriage rates; a further loosening of the ties
between marriage and parenting and a diminishing need on the part
of reconstituted families to 'seal off' relationships from the former
family unit. Although the numbers of family adoptions have fallen,
they have consistently remained a high proportion of adoption work
since the late 1970s, accounting for approximately 60 per cent of all
adoptions in the period 1 April 1999 - 31 March 2000 (Table 4). Many
of these adoptions are complex, have significant implications for the
parents and extended families with whom the legal ties are either
severed or created, and for the child, who receives a new legal
identity. Traditionally however, family adoptions have not been
afforded the professional attention they deserve, often being
allocated to workers who have no specialist knowledge in adoption.
The challenge for the future is to ensure that such adoptions are
viewed as a crucial part of the adoption service and are supported by
organisational structures that are conducive to the development of
appropriate professional expertise in this area of work.
Intercountry adoption
Since the widespread publicity in the early 1990s about the plight of
children in Romanian orphanages, the level of interest in intercountry
adoption has increased steadily in Northern Ireland.
The intercountry adoption service is unique in that the DHSSPS in
Northern Ireland has a role in endorsing all intercountry applications
which are then processed through the DoH in London. The DHSSPS
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 66
also provides advice to Entry Clearance Officers in respect of children
coming to Northern Ireland who need to be adopted here. When the
Hague Convention is ratified by the United Kingdom (see above),
Northern Ireland will become a Unitary Authority for the purposes of
intercountry adoption and the DHSSPS will assume some of the
current functions of the DoH in London.
HSS Trusts and the Department handle approximately 20 intercountry
adoptions per year. Applications to date have represented a wide
range of 'designated' and 'non designated' countries. The effect of
an adoption order made in a designated country is that the adoption
order is recognised under United Kingdom law. Where countries are
classed as non-designated, the effects of adoption orders made in
those countries are not recognised in the United Kingdom. When a
child is adopted from a non-designated country and is brought here,
the placement is treated as a private fostering arrangement under
the Children Order until the adopters notify the Trust of their
intention to adopt in Northern Ireland. The child then becomes a
protected child under the Adoption Order. The Trust is responsible for
the investigation and the preparation of a report for the court.
Many intercountry adopters have opted for adoption from abroad
because of the lack of availability of relinquished infants in Northern
Ireland and negative perceptions about the waiting times to adopt
looked after children, the age of the children and the implications of
some of their life histories. Children adopted from abroad, however,
may be particularly vulnerable to additional difficulties arising from
very early life experiences in institutional care and limited
documentation or lack of birth family information. Such difficulties
can include developmental delay, lack of secure attachments, poor
primary health and social care, inadequate family or personal medical
history. Intercountry adopters face further challenges in bringing a
child to a country that is not so ethnically diverse as the rest of the
United Kingdom. To promote a positive sense of self in the child,
adopters need to be proactive in helping their children cope with
'difference' - in physical appearance, identity and culture - as well as
maintaining links for the child with his or her country of origin.
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 67
The post placement and post adoption support needs of children
brought here from abroad will be a critical factor in the future
agenda for adoption services.
Adopted adults, birth parents and relatives of people who were
adopted
Article 54 of the 1987 Adoption Order created a new statutory right
of adopted people, on attaining the age of 18 years, to have access
to information about their origins. There is, however, a requirement
on those who were adopted prior to 1987 to receive counselling
aimed at helping them to understand the implications of the
information they are about to receive. Between October 1989 (date
of implementation of the Adoption Order) and December 2001, the
Registrar General had referred 2,091 persons to adoption agencies
for Article 54 counselling. There was a surge in the volume of
referrals from October 1989 to December 1990 when applications
were made by 408 people. In succeeding years, an average of 153
persons per year have been referred for counselling by the Registrar
General's office. People have the choice of receiving counselling from
any statutory or registered adoption agency of their choice.
The Adoption Contact Register, established by the Registrar General
in February 1996, is in two parts. Part 1 is a list of adopted people
currently holding 178 names who would like to make contact with
their birth families. Part II is a list of birth parents and other
relatives
of people who have been adopted. It presently has the names of 72
people who are willing to have contact with their adopted relatives.
Since its establishment, the Contact Register has linked only 2
adopted people with birth relatives.
HSS Trusts and voluntary agencies in Northern Ireland, in particular
South and East Belfast Trust on behalf of the Eastern Board Trusts
and the remaining two voluntary adoption societies, counsel and
assist significant numbers of adopted people and relatives of adopted
people each year who are seeking to establish contact. Although
there have been a few special exceptions, agencies can only assist
those who have been adopted to make contact with their birth
relatives. The confidentiality of adopted people is preserved to the
3
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 68
extent that birth relatives who are seeking to locate them cannot be
given any identifying information. They can, however, leave
information on file for their relative in the event that the adopted
person should seek information from the agency at a later stage.
The amount and quality of information held on adoption files by the
statutory and voluntary agencies varies greatly, depending on the
time when the adoption took place and - prior to 1987 - the method
of placement. In the case of third party or private placements of
children, the reports of the guardians ad litem (now held by HSS
Trusts) are usually the only sources of information available.
The majority of people who have received counselling under Article
54 are normally able to find birth relatives, although the task of
locating them can be an arduous one. Practice varies among adoption
agencies in terms of how far they will assist adopted people in
tracing tasks. All agencies offer advice. Some actively assist people to
find their birth families whilst others leave the responsibility
entirely
with the applicants, but will act as intermediaries when relatives are
located. Most of these situations are complex. The outcome is not
always that anticipated by the adopted person and their desire to
make contact can cause considerable consternation both to the
family of origin and the adoptive family. Skilful oversight on the part
of professionals to manage the pace and extent of contact in the
early stages can help to make the experience a positive one for all
concerned.
The management and structure of adoption services 1989 - 2001
The Government's policy paper, 'People First: Community Care in
Northern Ireland for the 1990s' (DHSS, 1990), led to a further
restructuring of health and social services in 1993. Aimed at
strengthening general management at Board level and creating Units
of Management at local level, the reforms introduced a purchaserprovider
relationship between Boards - as area level planners and
purchasers of services - and Units of Management - as local planners
and service providers. This had the effect of removing managerial
accountability for services from Directors of Social Services to Unit
General Managers. Directors of Social Services, however, retained
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 69
professional responsibility for services and Boards reserved their legal
status as Adoption Agencies under the 1987 Adoption Order and its
associated regulations. Assistant Directors of Social Services continued
to oversee adoption policy and practice through working groups or
adoption committees. Each Unit established an Adoption Panel, a
requirement of the 1989 Adoption Agencies Regulations. Units of
Management retained small Adoption Teams, which took on the
newly introduced 'compulsory' counselling of adults under Article 54
of the Order. The only Board to centralise this function was the
Eastern Board, which created a post adoption team to provide a
service to adults who had been adopted and to birth relatives of
adopted people.
The mid 1990s saw further reorganisation of the health and social
services which brought about the establishment of self governing
Trusts. The Health and Personal Social Services (NI) Order 1994
empowered Boards to delegate to Trusts certain statutory functions,
including adoption services. The Order made amendments to the
1987 Adoption Order and to the 1989 Adoption Agencies Regulations
to enable each Trust to act as an Adoption Agency in its own right, to
provide for 2 or more Trusts to operate joint Adoption Panels and to
prescribe a revised membership of the Panels. The latter must now
include one Trust Board Director together with a social worker with
adoption expertise from each participating Trust. Agency decision
makers, whose responsibility it is to consider the recommendations of
the Adoption Panel in respect of children, adoptive applicants and
'matching' arrangements, tend to be either the Trusts' Children's
Services Programme Managers or Executive Directors of Social Work.
The relationship between each Board and its Trust is a contractual
one. Boards no longer have executive, managerial or professional
accountability for adoption services. They do, however, have a
responsibility to monitor the quality of services provided and
theoretically, have the power to remove the delegated statutory
functions from a Trust.
Trusts in each Board have developed one joint Adoption Panel, with
the exception of the Eastern Board where 2 Panels have been
established to cope with the volume of work emanating from 4
Trusts. The Chairs of the Panels maintain adoption waiting lists on
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 70
behalf of the participating Trusts. Despite the consortia arrangements
that exist, there are views that adoption services have lost out
because of the lack of central accountability or co-ordination of
services.
The structure of services varies and is changing across Trusts. For
example:
• a number of Trusts' adoption workers have been integrated with
former fostering teams into family placement teams. The aim is to
enable the development of concurrent planning for children and
to promote more flexible support in a climate when the lines
between fostering and adoption are becoming more blurred;
• the reporting officer role in respect of family adoptions is
undertaken by family and child care workers in some Trusts and by
adoption teams in others; and
• intercountry adoption is viewed as specialist area by the Trusts of
one Board where the service has been centralised in one Trust.
In the late 1990s and for the first time in the history of the statutory
adoption agencies in Northern Ireland, 9 out of the 11 Trusts here,
(the exceptions being the 2 Northern Board Trusts), exercised their
right under the 1987 Adoption Order to charge 'reasonable' fees' for
aspects of the adoption service. Intercountry adoption applicants
living in each of the other Boards' areas currently pay a £3,000 fee
for the home study report and related services up to the 'welfare
supervision stage' in the case of children from non-designated
countries and to the placement of child in the case of countries
whose adoptions are recognised by the United Kingdom. Unlike
domestic adoption, which is clearly a service for children, intercountry
adoption is primarily a service for prospective adopters until the point
of arrival in Northern Ireland of the child who has been adopted
abroad.
The period 1988 - 2001 has been one of further retraction for
registered voluntary adoption agencies. Only 2 now exist: the Family
Care Society (formally the Catholic Family Care Society) and the
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 71
Church of Ireland Adoption Society. These agencies have placed only
small numbers of children for adoption over the past few years (see
Table 4), although they still carry out an important range of other
adoption related tasks, some on behalf of Trusts. It is clear that the
focus of their work has changed and will continue to change in the
future. The 1990s, however, saw the establishment in Northern
Ireland of a further 2 voluntary agencies, not registered adoption
societies, but mainly concerned with support for users of adoption
services, namely Adopt and Adoption (UK). The 4 voluntary agencies
are involved in partnership work with Trusts in a variety of activities.
Summary of the key changes in adoption services since 1950
This chapter has considered key historical developments in adoption
law, social issues and the way adoption services are structured. The
changes over the last 50 years have been significant.
Primary legislation governing the adoption of children in Northern
Ireland, enacted in 1950, 1967 and 1987 and the Children Order 1995
had a significant impact on adoption services. This chapter has
demonstrated that changes in the law have moved adoption firmly
away from the essentially 'private' arrangements of the 1950s. These
enabled babies born to unmarried parents to be quietly placed by
individuals or unregulated agencies within new families, where an
aura of secrecy safeguarded the details of the adoption and
prevented access to birth information in later life by children who
were adopted. By contrast, modern day adoption is highly regulated,
is overseen by not one, but several professionals, is mainly concerned
with the adoption of looked after children and is based on a culture
of openness which recognises the identity needs of adopted children
and adults, their right of access to information about their birth
family and the circumstances of their adoption and, in some cases,
their needs for ongoing contact with birth families.
The social context of adoption has changed dramatically over the 50
year period. Few babies are now placed for adoption directly from
birth. The social stigma associated with pregnancy outside marriage
has diminished - indeed today, approximately 30 per cent of live
births in Northern Ireland are to unwed parents. With the focus of
3
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 72
adoption now clearly on looked after children, the adoption task has
altered significantly. The developments in services to birth parents,
prospective adopters and newly constituted adoptive families have
reflected the demands of changing social norms and societal
structures. Furthermore, the growth of adoptions of children from
overseas will contribute to the changing ethnic profile of the
population of Northern Ireland.
Since 1950, adoption services have also undergone many
organisational changes. This period has seen the demise of a number
of voluntary adoption societies and dramatic changes in the character
and work of those societies that remain. Statutory services have
reorganised to bring adoption - formerly viewed as a specialist service
that bore little relationship to what was happening in other parts of
the child care service - into mainstream children's services as a
permanency option to be considered for all looked after children
who are unable to be returned to the care of their birth families.
The way ahead
Adoption Services in Northern Ireland are about to enter a new era.
For significant numbers of looked after children, now and in the
future, adoption will be the only means by which their need for a
safe, stable, and loving family can be met. But a comprehensive
adoption service must address the needs of all children who are the
subjects of an adoption process, including family and intercountry
adoption. Some of the key actions required to achieve this are likely
to be:
• the introduction of new primary legislation to make it easier for
looked after children to be adopted and to bring adoption
legislation into line with the central principle of the Children
Order i.e. that the 'paramount welfare' of the child is the primary
and overriding consideration in all decisions affecting his or her
welfare;
• the introduction of professional standards to inform all aspects of
adoption services;
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 73
• the establishment of specialist assessment resources and expertise
to enable more timely and effective care planning, including
'concurrent planning' for children and their families;
• the creation of specialist social work posts to assist 'permanency'
planning and progress the adoption of children;
• new approaches to recruiting, preparing and supporting
prospective adopters to meet the challenges of modern adoption;
• formal post adoption support for looked after children and their
adoptive families and birth families;
• the development of specialist expertise in intercountry adoption
and structured post placement/adoption support for children
adopted from abroad;
• the integration of stepparent and family adoptions into
mainstream adoption services; and
• innovative partnership initiatives between statutory and voluntary
agencies.
It is clear from the history of services over the last 50 years that the
years to come will bring significant changes to the way society
perceives and manages the adoption of children. Adoption is
complex, but - if there is a will to establish the legal, organisational
and professional structures to ensure the best possible outcomes for
children, birth families and adoptive families - its future need not be
problematic.
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 74
RESIDENTIAL CARE
Residential child care prior to 1950
Prior to 1947 the care of children was governed by the Poor Relief
Acts which empowered Boards of Guardians to care for children in
workhouses or to have them boarded-out (fostered). The functions of
the Boards of Guardians in relation to children transferred to the
newly established welfare authorities on 1 November 1947. At that
time the Ministry of Home Affairs recommended that the 8 welfare
authorities established under the Public Health and Local
Government (Administrative Provisions) Act (Northern Ireland) 1946,
established homes to provide for persons in need, including children.
Almost 80 per cent of children in care lived in institutional
placements (Table 6).
Table 6: Children in care, 1947
The above table also demonstrates the significant degree of reliance
upon the voluntary sector for the provision of placements for
children; virtually all of this provision was in large institutions.
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 75
Chapter 4
Placement Number
Care of voluntary organisation 1,000
(Virtually all institutional)
Boarded-out 312
Workhouse/other 189
Local Authority Institution
TOTAL 1,501
During the 1950s the main concern confronting welfare authorities
was the dismantling of the Poor Law and Workhouse system. In an
effort to expedite the removal of children from workhouses they
were endeavouring to obtain suitable houses for conversion into
children's homes. By the beginning of 1950, the number of children's
homes opened, numbered 3 while 4 had been purchased for
conversion and negotiation was underway to purchase further
properties.
It was envisaged that each children's home would accommodate
between 25-30 children on a temporary basis pending their transfer
to foster homes. Only in exceptional circumstances would children's
homes provide a permanent home for children who were deemed
"not suitable to be boarded-out"
The beginning of the 1950s was, therefore, marked by a high
proportion of children who could not be cared for by their own
parents and families living in institutional care. There was also a high
degree of reliance on voluntary sector providers, who were
responsible for the financial support of children placed in their care
by parents. The 1950s marked the beginning of the statutory sector
making its own provision for children in children's homes to end the
use of placement within the workhouse system.
The legislative and policy context
The post-war years saw a dramatic increase in social legislation and
the dismantling of the Poor Law and workhouse system, which had
been in existence for more than 100 years. The emergence of the
notion of a Welfare State in the 1940s combined with the concepts of
the provision of social welfare to ensure societal cohesion and the
need for the State to become a provider of such services. For the first
time, therefore, a comprehensive statutory framework was
established which defined statutory and permissive powers in respect
of various groups of people, namely, children, elderly persons and
people who are either mentally ill or mentally handicapped or
physically disabled.
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 76
The 1946 Public Health and Local Government (Administrative
Provisions) Act (Northern Ireland), created a new administrative
structure to carry out the functions of the Boards of Governors.
Eight welfare authorities were established across county and county
borough council areas in Northern Ireland. Each welfare authority
was required to appoint a Welfare Officer who would assume the
responsibilities that had previously been invested in the Boards of
Guardians. The welfare authorities were also required to act through
statutory welfare committees. A structure was, therefore, put in place
to divest the Boards of Guardians of their previous responsibility
for children.
In 1946 the Government published a White Paper, "The Protection
and Welfare of the Young and the Treatment of the Young
Offender" (Cmnd. 264, HMSO). The White Paper drew attention to
the lack of knowledge about the problem of caring for neglected
children due to the previous reliance, which had been placed on the
voluntary sector and the Poor Law system, to meet their needs. The
report also highlighted the need for one government department,
the Ministry of Home Affairs, to have responsibility for all children's
legislation. It also recommended:
• the establishment of an advisory committee, the "Child Welfare
Council" to provide advice to the Minister;
• that welfare authorities should appoint sub-committees to deal
with statutory duties in relation to children;
• that welfare authorities should establish their own children's
homes:
• that welfare authorities should set realistic boarding-out rates
which were to be reviewed regularly by the Child Welfare Council;
• that welfare authorities should arrange for staff to attend suitable
training courses;
• that voluntary homes should be subject to registration; and
4
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 77
• every attempt was to be made to have children boarded-out in
foster homes.
The policy stance articulated above in favour of fostering was to find
expression in legislation, the Children and Young Persons Act of 1950.
The 1950 Act also served to make good the gap in provision between
England, Wales and Northern Ireland for children in need of care and
protection which had resulted from the failure in Northern Ireland to
introduce legislation equivalent to the Children and Young Persons
Acts (England and Wales) 1933.
The main provisions of the Children and Young Persons Act (NI) 1950
were designed to:
• centralise the care of children under one Department, the Ministry
of Home Affairs,
• enhance the powers of welfare authorities to provide for children
that was not available under previous legislation. Section 92
specifically required welfare authorities to provide
accommodation for children in their care;
• end the last of the old Poor Law Enactments;
• regulate through registration (Section 95) and inspection
(Section 101), voluntary children's homes; and
• establish a statutory bias in favour of foster care.
The Children and Young Persons Act (1950) was far reaching in
relation to the requirements imposed upon welfare authorities in
relation to children's homes. Section 92 specifically addressed issues
such as:
• the equipment of homes;
• the medical arrangements for protecting children's health;
• promoting the religious upbringing of children;
4
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 78
• requiring the approval of the Ministry for the appointment,
qualification and training of children's home staff;
• limiting the period in which children may be accommodated
in homes;
• providing for different types of homes for children with different
needs; and
• enabling the Ministry to close a home if it "is unsuitable for
the
purposes or if the conduct of the home failed to comply with
regulation".
Section 96 also enabled welfare authorities to make arrangements
for the accommodation of children in care near their place of work
or education.
The above requirements made it clear that consideration had to be
given to the need for homes to have an explicit purpose, size and
function and also given to issues such as children's health,
educational and religious needs. The statutory bias in favour of
fostering contained within the legislation, meant that the notion of a
time limit on placement in a children's home was firmly enshrined in
the 1950 Act. The view was that residential care was a short term or
temporary measure, unless there were special circumstances, which
dictated otherwise.
Following the Children and Young Persons Act of 1950 there was a
rapid expansion in statutory sector provision of residential care and
an increasing number of children coming into the State's care. It soon
became apparent, however, that insufficient attention was being
afforded to the prevention of family breakdown. In England and
Wales, the call for preventative work to enable social workers to
anticipate crises in families and to act proactively to avoid the
reception of children into care, resulted in the Children and Young
Persons Act of 1963. This enabled local authorities to assist families
in
either cash or kind to reduce the need to bring children into care. In
Northern Ireland, the Children and Young Persons Act 1968 replicated
this provision of the 1963 Act as well as re-enacting the 1950 Act. It
4
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 79
failed, however, to anticipate the changes likely in England and
Wales following the "Children in Trouble" (1968) or "The
Child, the
Family and Young Offender" (1965) White Papers, which resulted in
the Children and Young Persons Act (1969). In Northern Ireland the
distinction between offender and non-offender was, therefore,
maintained.
The significance of the Children and Young Persons Act 1968 was its
emphasis on prevention and giving due regard to the welfare of the
child. It also continued to provide legislative support for the bias in
favour of foster care.
In January 1976, Sir Harold Black was appointed to chair a review of
the legislation and services relating to the care and treatment of
children and young persons under the Children and Young Persons
Act (NI) 1968, the Adoption Act (NI) 1967 and the Probation Act (NI)
1950 taking into account developments in these fields in Great
Britain. The review group reported in December 1979, "Report of the
Children and Young Persons Review Group", more commonly known
as the Black Report. The implications of the report for the residential
care of children were significant for the following reasons:
• it proposed the removal of the statutory bias in favour of
fostering;
• it recognised the need for a range of small residential homes to
ensure the appropriate placement of children;
• it advocated the establishment of a specialist facility for young
people with severe behavioural problems;
• it recommended that full consideration should be given to the
wishes and feelings of children in care;
• it made proposals to improve the quality of residential care,
particularly through the encouragement of appropriate training
for residential workers;
4
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 80
• it advocated the establishment of an independent visitor for all
children in care; and
• it advised the separation of justice and care provisions for children
and young people.
The thinking and principles contained within the Black Report were
progressive. The Report affirmed that provision of services for
children should be based on an assessment of need and that services
should be tailored to meet the identified needs of each child or
young person. It also established that the form of care provided
"must be considered on its merits and matched to the needs of the
individual child". Residential care was, therefore, perceived as an
integral part of a continuum of services. It should not exist as an
isolated service selected as either an easy first choice or as a last
resort for children.
The inclusion of recommendations relating to the future of the
training schools contained within the Black Report meant that the
full potential of this report was not realised. There was strong
opposition to change in this area and the Prior Agreement of 1986
largely maintained the status quo pending legislative change.
Implementations of many of the Report's recommendations were,
therefore, deferred until new children's legislation was introduced in
Northern Ireland. The Children (NI) Order 1995, which commenced in
November 1996, enacted much of the progressive thinking found 16
years earlier in the Black Report. The statutory bias in favour of
fostering was removed from the statute book and the concept of
placements being selected according to their ability to meet the
assessed needs of individual children was established as the way
forward.
The 1968 Children and Young Persons Act remained the legislative
framework for children's services for 28 years. The bias in favour of
fostering which inevitably led to a perception of residential care as
an option of last resort also found expression in Regional Strategies
(1987-92 and 1992-97). The 1987-92 Strategy stated:
4
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 81
"Boards should seek to reduce the need for residential care
and, with the development of preventive and foster care
services as alternatives to residential care, to reduce the
stock of residential provision."
The 1992-97 strategy however referred to 4 main areas directly
related to the residential care of children. These were:
• the need for a range of small residential facilities geared to
specialist tasks in order to meet the assessed needs of children;
• the recognition that for some children residential care is a positive
and desirable way of meeting their needs;
• an emphasis on the provision for all children of adequate
preparation for leaving care and access to after-care provision; and
• establishing a target that each Board should, by 1997, have at
least 75 per cent of children in care living in a family placement,
not including those children placed at home on a 'home on trial'
basis.
Children's legislation was comprehensively updated by the
introduction of the Children (Northern Ireland) Order 1995 in
November 1996. The Children Order largely replicates the Children
Act 1989, which was enacted in England and Wales in 1991. It brings
together the public and private legislation in respect of children and
introduces a range of court orders to deal with children's cases. The
statutory bias in favour of fostering in Northern Ireland was removed
by the Children Order and its emphasis on assessment of need both
at individual and area levels. This theme is taken forward in the most
recent Regional Strategy (1997-2002), which requires that the need
for service provision should be determined on the assessed needs of
children. Paragraph 8.13 (ii) states that:
"The Department should issue guidance on the means of
assessing needs of children...so that Boards employ
comparable methodologies in the assessment of needs. It
4
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 82
should also issue guidance to Boards on the format and
content of Children's Services Plans ...".
Each HSS Board is, therefore, required to produce a Children's
Services Plan (CSP) under The Children (1995) Order (Amendment)
(Children's Services Planning) Order (Northern Ireland) 1998. These
regulations amend the Children Order by inserting at Paragraph 2 of
Schedule 2, a requirement on HSS Boards to produce a CSP. The plans
are produced on a triennial basis in collaboration with other
statutory and independent providers and are subject to annual
review. Each HSS Board is required to produce a CSP, which provides
for a range of services configured to meet the assessment needs of its
child population. The first CSPs were produced in April 1999.
In a legislative and policy context there has been a shift from blanket
solutions to meeting the assessed needs of children for whom living
with their own parents and families is not an option. Foster care is no
longer perceived as the appropriate placement choice for all children.
The beginnings of this shift in thinking can be traced to the 1992-97
Regional Strategy where recognition is given to the fact that for
some children residential care "is a positive and desirable way of
meeting their needs." The emphasis on assessment and placement
choice is now firmly established by the Children Order and the 1997-
2002 Regional Strategy.
The impact of major events
Residential child care has been the focus of considerable attention
and public inquiry over the past 50 years. The most influential
document is arguably the Report of the Care of Children Committee
(1946), (Cmd. 6922) most commonly referred to as the Curtis Report.
The remit of the Committee was:
"To enquire into existing methods of providing for children
who from loss of parents or from any cause whatever are
deprived of a normal home life with their own parents and
relatives, and to consider what further measures should be
4
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 83
taken to ensure that these children are brought up under
conditions best calculated to compensate them for the lack
of parental care".
Just as the Committee was established, the death of Denis O'Neill at
the hands of his foster carers was receiving extensive media coverage.
Once the trial of the foster carers ended, Walter Monckton was asked
to lead an inquiry into Denis' death. While the Curtis Committee was
asked to take account of Monckton's conclusions, its terms of
reference remained unaltered.
The Curtis Committee was the first inquiry in the United Kingdom
directed specifically to the care of children who were deprived of
normal home life and covered all groups of such children, excluding
those in penal or borstal situations. The Curtis Report laid the
foundation for a modern child care service. It proposed that each
child in care "should each be the personal concern of the new
children's officers and their staff - personally known to them and able
to rely on other known people for stable relationships and
consideration of their needs".
The Curtis Report is widely perceived as having been opposed to
children being in residential care. The report takes, however, a
balanced view of both the relative merits and demerits of residential
and foster care, as the following quote demonstrates:
"We should like to deal briefly with the principle that
(adoption apart) boarding-out should be regarded as the
ideal method of disposing of the children. We think this is
true where the home is in every way satisfactory and suited
to the particular child...But as soon as the foster home falls
below the entirely satisfactory standard, the institution - at
all events the institution based on the small family group -
begins to have advantages. ...Children undergoing several
changes of foster parents are often worse off than if they
had never been boarded-out at all" (P.
461).
In reaching its conclusions the Curtis Committee visited many
children's homes and foster homes. They found many children's
4
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 84
homes had remained "little changed since the nineteenth century,
either in buildings or organisation... Some were more up-to-date and
provided a relatively interesting and varied way of life for the
children". The Committee concluded by recommending that fostering
should be promoted as the next best alternative to adoption as a
means of providing children with the emotional satisfaction of a
family and links with the wider community. The result of Curtis in
practice was:
• to develop boarding-out as a policy;
• to promote the recruitment of foster parents;
• to close larger children's homes; and
• to reduce the amount of residential accommodation available to
children in care.
Other factors, which contributed to the misperception that Curtis was
opposed to residential care, were:
• Dr John Bowlby's work in 1951 on "Maternal Care and Mental
Health", which was often misinterpreted as advocating that any
maternal figure was better than group care; and
• the concerns expressed by the Parliamentary Select Committee on
Estimates at the rising cost of residential care, foster care was,
therefore, deemed a more appropriate and a cheaper option than
residential care.
The consequences of emphasising fostering on the development of
residential services for children cannot be over stated. As the Castle
Priory Report of 1968 noted:
"it is not surprising that residential work became the
"Cinderella" of the Child Care Service for a time and many
people engaged in it felt discouraged and despondent
about a future in which they appeared to be destined
always to be a second best method of care".
4
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 85
Practice, however, soon established that fostering was not a panacea
for all children. For older children and those, whose earlier life
experience meant that they were unable to be cared for by foster
carers, residential care began to be recognised as a "positive
choice"
rather than a last resort. During the 1960s, the growing interest in
residential social work found expression in the Williams Committee
Report, "Caring for People" (1967). Its recommendations
particularly
those concerning training were viewed as controversial and provoked
considerable discussion amongst residential social workers. Following
its publication a small representative group was established to study
the problems of residential work. The group met at Castle Priory
College during March 1968. It established the following over-arching
questions:
• what sort of children are receiving residential care?
• what is the nature of the professional task in residential
social work?
• what sort of training should be provided for residential work
and is the present training appropriate?
• what professional support and consultation are needed?
• what standard of staffing ratio is necessary?
Castle Priory is best remembered for its work on establishing staffing
ratios for residential homes. It was, however, an important milestone
in recognising residential child care as a professional task, which is
different from the traditional concept of substitute parenting.
The public scandals surrounding residential care, which have come to
light in relation to the abuse of children have all had a dramatic
impact on the development of residential services for children. Recent
investigations in Great Britain, include:
• "The Leicestershire Inquiry",1992;
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 86
• "The Report of the Committee of Enquiry into Children and Young
People who Sexually Abuse Other Children" (NCH 1992);
• "Choosing with Care: The Report of the Committee of Inquiry into
the Selection, Development and Management of Staff in
Children's Homes" (The Warner Report) (HMSO, 1992);_
• The "Children's Safeguard Review" (SWS Inspectorate for
Scotland
1997 (Kent Report);
• "People Like Us: The Report of the Review of the Safeguards for
Children Living Away from Home" (Utting Report), (DoH 1997);
and
• "Lost in Care" (Waterhouse Report), 2000.
All serve to underline the risks inherent in the group care of children
and the measures needed to protect and safeguard them.
Impact of the Kincora Inquiry
In Northern Ireland many of the remedial courses of action suggested
by recent inquiry reports in Great Britain, had been established
following the allegations of malpractice at Kincora Boys' Hostel,
Belfast. In 1980, when evidence of this malpractice came to light a
team from the Department of Health and Social Security in London
was established to provide advice on the supervision and
management of homes and hostels. The team's advice was contained
in the Sheridan Report (1982). The significance of this report stems
from its emphasis on:
• the management, supervision, monitoring and inspection of
children's homes;
• the recognition of the links required within the voluntary child
care sector and between it and the Boards;
4
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 87
• the need for a complaints procedure for children in care and their
parents;
• the need for effective recruitment and selection procedures for
residential workers;
• the examination of residential child care within the context of all
child care services.
The development of a policy on complaints procedure for children in
care, owes much to the Sheridan Report. The Report also made a
highly significant contribution in terms of its impact on the
development of monitoring arrangements for children's homes and
the selection and vetting of residential staff.
Public interest in Kincora continued throughout the early 1980s and
in 1984 a Committee of Inquiry was established under the
Chairmanship of Judge William Hughes. The Committee considered
instances of homosexual offences and misconduct involving children
resident in 9 children's homes. The resultant report "Report of the
Committee of Inquiry into Children's Homes and Hostels" (HMSO
1986) made 56 recommendations. Many of these recommendations
endorsed the thinking of both the Sheridan and Black Reports. More
significantly, however, the Inquiry sought to enhance the standing
and qualification of residential workers by advocating:
• parity of pay between residential staff and fieldwork social
workers, linked to professional qualifications and training
(Recommendation 6);
• that all Officers in Charge should hold a social work qualification
and that a specific timetable should be established for the
professionalisation of the residential child care system
(Recommendation 9).
In 1991 the DHSS made available the resource to implement the
"Hughes 6 Recommendation", with the aim of achieving a fully
qualified residential child care workforce within a 5 year period. The
status and standing of residential social work was also addressed by
4
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 88
introducing pay parity between residential and field social workers
and by encouraging the development of an enhanced social work
role for suitably qualified residential social workers.
The implementation of the "Hughes 6 Recommendation" has
resulted in Northern Ireland having the highest level of training for
residential workers across the United Kingdom. The goal, however, of
a fully qualified workforce has still not been attained. Progress in
developing the enhanced role of residential social workers has also
been disappointingly slow. As noted in "Children Matter: A review
of
residential child care services in Northern Ireland" (DHSS, 1998),
the
full potential of Northern Ireland's highly qualified residential
workforce has not been realised. This is in part due to the lack of an
adequate supply of places and the absence of sufficient
differentiation of function within the current stock of homes.
The impact of the Sheridan and Hughes Reports on the development
of internal and external monitoring arrangements for residential
homes for children cannot be over-emphasised. Many of the
subsequent investigations in the rest of Great Britain, referred to
above, have demonstrated that the absence of robust monitoring
arrangements, particularly of an external nature has contributed to
the abuses of children remaining undetected for many years.
In the "Safeguarding Review" undertaken in Northern Ireland,
following the publication of the Utting and Kent Reports covering
the rest of the United Kingdom, listed above, the Chief Inspector,
Social Services Inspector, (SSI) indicated that the monitoring
arrangements in place in Northern Ireland were a significant
safeguard for children. He also underscored that there was the need
for ongoing vigilance and that there was no room for complacency if
children's wellbeing was to be safeguarded whenever they are cared
for away from home.
The scandals and inquiries which have become associated in the
public conscience with residential care have served to emphasise that
adults entrusted with the care of vulnerable children are capable of
physically and sexually abusing them and that children need ways to
have their concerns and complaints heard and heeded. In relation to
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 89
Kincora, as early as 1967, there were written allegations from 2
residents to the Belfast Welfare Authority alleging that they were
being abused by staff. These allegations appear to have been viewed
as malicious and were consequently dismissed. Over the next 13 years
there were repeated allegations and complaints; all were either
disregarded or unsubstantiated. The need for professional input into
the monitoring and management of children's homes is essential if
the culture and practice within them is to safeguard and promote the
well being of children.
The past 50 years have seen major social and professional changes all
of which has had an impact on children's services and residential care.
The United Nations Convention on the Rights of the Child, ratified by
the United Kingdom government in 1991, affords children looked
after by the State "special protection" (Article 20). They
also have
rights, which include family contact, provided it is not a risk to the
child, (Article 9), to have their circumstances regularly reviewed
(Article 25) and the right to be consulted (Article 12).
Inspection arrangements and service standards
In addition to establishing monitoring arrangements and a
complaints procedure for children in residential care, work was also
progressed to develop standards for the inspection and monitoring of
children's homes in Northern Ireland. In 1986 the Social Work
Advisory Group, now the Social Services Inspectorate, in collaboration
with the HSS Boards' Assistant Directors of Social Services (Family and
Child Care), agreed a comprehensive set of standards for residential
child care. This was the first time that an explicit statement of
practice and professional criteria had been issued. This paper was
comprehensively redrafted in 1992 "Quality Living: Standards for
Services: Children who live away from home". This standards
framework adopted a children's rights approach to the setting of
standards. An inspection framework document was formulated and
shared with Boards and voluntary children's homes. The standards
established have informed subsequent inspections. They were revised
and reissued in 1996 to take account of the changes associated with
the implementation of the Children Order.
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 90
The commencement of the Children Order in November 1996 resulted
in responsibility for the inspection of children's homes transferring
from SSI to the 4 HSS Boards' Registration and Inspection units. The
frequency of inspection was increased as a consequence of the
Children Order to 2 inspections each year one of which is
unannounced.
"Children Matter"
In June 1997 the Chief Inspector, SSI, was asked by the Health and
Social Services Committee of the DHSS to head a review of residential
child care. The background to the review was:
• the rapid retraction of the voluntary residential sector, discussed in
more detail below;
• the emergence of a range of difficulties within the residential
sector which suggested that control had been lost in some homes.
The report which emerged from the comprehensive review of
residential child care services, "Children Matter", included
the
following findings:
• there was an insufficient supply of places to enable placement
choice;
• homes were generally configured as "general purpose" homes
and dealt with a range of children's needs which were at times
conflicting;
• there was a need for more specialist facilities to enable children to
be placed in homes capable of meeting their assessed needs;
• the current stock of children's homes were in the main large,
institutional type buildings which had had limited capital
investment in them and needed to be replaced or brought up to a
homely standard of finish; and
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 91
• there were social, economic and practice issues which were likely
to combine to increase the demand for residential child care
places.
The Department accepted the findings and conclusion of the
"Children Matter" report, its Action Plan and 31
recommendations.
Following publication of "Children Matter" in 1998, the 4 HSS
Boards
produced their response, "Implementing Children Matter", which
set
out a 5 year programme of specific capital developments designed to
redress the shortfalls and shortcomings evident within the residential
child care sector. Due to concerns regarding the expansion of
residential places, the Minister for HSSPS, established the
"Children
Matter" Taskforce, July 2000, with the following terms of
reference:
• to confirm the total additional places (new and replacement)
needed in each Board area to meet the "Children Matter"
agenda;
• to agree an Action Plan for each Board which identified the
individual schemes needed to provide these places;
• to explore new sources of funding and service provision;
• to construct an overall Regional Plan to meet the requirements of
"Children Matter" targets, including the consequent resource
implications and staffing requirements; and
• to monitor implementation of the Plan.
The contribution and changing role of the voluntary sector
The role of the churches and religious organisations in the provision
of homes for children in Northern Ireland was fully developed before
the State assumed a greater responsibility for the care of children.
The Children and Young Persons Act 1950 and its accompanying
statutory rules provided the context for the growth of statutory child
care facilities. The Welfare Authorities' Homes (No. 130) 1952
Regulations facilitated the growth of children's homes within the
statutory sector. Until then residential care in Northern Ireland was
4
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 92
largely provided by the voluntary sector, as illustrated at Table 6
above. Since the Children and Young Persons Act 1950 placed a duty
on welfare authorities to receive children into care whose parents
were unable or unfit to care for them the number of children in the
care of voluntary homes has reduced.
Until the Children and Young Persons Act 1950 came into force the
only authority for the inspection of voluntary homes was contained
in Section 25 of the Children Act 1908. Under the Children Act, the
Ministry had no power to require such homes to be registered nor
was there any means by which any Government Department could
intervene in the arrangements for the training, education, or aftercare
of children accommodated within them. In a few homes
effective after care and boarding-out schemes were in operation but
in the majority of homes improved standards of accommodation,
education and training were required. The Children and Young
Persons Act 1950, therefore, gave the Ministry of Home Affairs the
power to require the registration of all voluntary homes and to cause
them to be inspected. The Ministry was also empowered to make
regulations for the conduct of such homes and for securing the
welfare of children living within them. For this purpose, the Children
and Young Persons (Voluntary Homes) Regulations (NI) 1952, were
made. Conditions were also established to set a maximum size on the
number of children to be accommodated in children's homes.
The scale of voluntary provision and its relative position in relation
to
statutory services is illustrated by the following statistics in Table
7.
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 93
Table 7 - Number of children in care 1947-59
The figure for 1959 shows the substantial proportion of children
cared for by welfare authorities, the scale of new provision in
relation to residential care and the commitment to having children
boarded-out (63 per cent of all children were boarded-out).
In 1960, 2.4 per 1,000 children were in care in Northern Ireland, lower
than for England and Wales (5.2 per 1,000) and Scotland (6.5 per
1,000). In the same year a report entitled, "The Operation of the
Social Services in relation to Child Welfare" (Child Welfare
Council,
HMSO 1960), provided details on the considerable progress made in
relation to child care services since the implementation of the
Children and Young Persons Act 1950. It also noted that unlike the
children in statutory homes, children in voluntary homes, apart from
those operated by Dr Barnardos, were rarely boarded-out. Discussing
the future role of the voluntary sector it concluded that the number
of children in their care would continue to decline. It envisaged their
role as being involved in the long-term care of children where special
treatments were required or where boarding-out was inappropriate.
The Report also commented on the uneven development of child care
services across Northern Ireland and on the difference in pattern of
provision between welfare authorities and voluntary homes.
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 94
Voluntary organisations Welfare Authorities
Year Number Number
1947 1,000 501 (of whom 189 were in
workhouses or other
institutions, and the
remainder boarded-out)
1959 751 1,148 (of whom there were 728
boarded-out 226 in
welfare homes 158
maintained in voluntary
homes or on behalf of a
welfare authority)
Between 1963 and 1966 all voluntary homes were visited by a
committee, appointed to "consider and report upon the role in the
child care service of organisations providing voluntary homes within
the meaning of Section 98 of the Children and Young Persons Act (NI)
1950 and the principles adopted by such organisations in caring for
children and young people". ("Role of the Voluntary Home in
the
Child Care Services" Report by the NI Child Welfare Council, 1966.)
In 1966 there were 20 voluntary homes, which were specifically
children's homes. Twelve of the homes were run by religious orders
of the Roman Catholic church; 3 were closely connected with the 3
main Protestant churches; 4, although not associated with any
particular denomination, had a strong religious background, and one
had a secular origin.
Voluntary organisations were able to make decisions regarding the
admission of children to their homes at the request of a parent. The
1966 Child Welfare Council Report found that such decisions were
not always taken "by someone who as well as knowing the
circumstances, is fully qualified to assess the relative merits of
various
solutions". While recognising that the power to admit children
without reference to the statutory authorities was essential to the
ethos of voluntary homes and also ensured parental choice, the
Committee concluded that the practice "is likely to lead in the
future
to serious difficulties unless allied with closer co-operation with
welfare authorities". The Committee noted that the 1956 Report
"Children in Care", (HMSO 1956, Paras 110-115) had suggested
as a
means of improving co-ordination between voluntary homes and
welfare authorities that the former should seek the help of the latter
before admitting children. The 1966 Child Welfare Council Report
attributed the decline from 82.4 per cent to 71.5 per cent in
voluntary admissions to homes in the period between the two
committee reports as primarily due to the recommendations
contained in the 1956 "Children in Care" Report. The 1966
report,
further recommended that voluntary homes should either use the
services of welfare authorities or themselves employ qualified field
staff for the purpose of adequately assessing the decision to
accommodate a child.
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 95
The Child Welfare Council Report concluded that there was "an
increasing acceptance by the statutory bodies of their responsibilities
in the field of child care". This was evident by the increased
numbers
of children both in voluntary homes maintained by welfare
authorities and the 1,195 children in the care of welfare authorities.
The report also noted that many more of the children in voluntary
homes than the 238 taken into care by the welfare authorities would
have become the responsibility of the authorities had application
been made to them in the first instance.
The Child Welfare Council Report examined the extent of boardingout
for the 694 children who were wholly the responsibility of
voluntary organisations. On 31 March 1965 only 16 per cent of such
children had been boarded-out, which differed significantly from the
welfare authorities' figures of 54 per cent of children in their care
being boarded-out. Only 5 of the 20 voluntary homes used boardingout
to any considerable extent and 2 of these used it primarily with a
view to adoption. The Committee drew attention to Section 101(2) of
the Children and Young Persons Act 1950, which empowered the
Ministry of Home Affairs to direct that a child in a voluntary home
shall be handed over to a welfare authority with a view to the child
being boarded-out. This power was never used and the Committee
recommended that voluntary homes should be encouraged to boardout
a larger proportion of children in their care.
The Committee in addition to concluding that boarding-out of
children was not promoted also commented on the inadequate
support provided to children after their final discharge from
children's homes. It recommended, therefore, "the appointment of a
qualified field worker to carry out these essential functions or where
this is not possible "full use should be made of welfare authority
services".
The Report noted the value of voluntary homes and the increased
variety of services and their ability to cater for various age groups
and children of different religious backgrounds. It concluded that
provided voluntary homes offer services to a satisfactory level there is
"no reason why this relationship should not flourish". This
Report in
many ways is central to the future role of the voluntary sector.
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 96
Essentially, it endorsed the increasing emphasis placed on statutory
provision first heralded in the Children and Young Persons Act 1950.
The terminology used in the Report demonstrated a view of the
voluntary sector as a complementary and reducing element within
the wider child care sector. The Report noted that:
"By working in co-operation with welfare authorities ...in
addition to the financial security arising from regular
payments for children in care, voluntary homes can ensure
that they are participating in what should be a
comprehensive service and that they have access on a
regular and informal basis to facilities which they would
otherwise be unable to provide."
It was not until the early 1980s that the Report's prediction of a
reducing role for the voluntary sector was realised.
When the Report was being prepared, voluntary children's homes
were used to a greater extent for purely voluntary cases than in the
rest of the United Kingdom. The proportion of children maintained
by voluntary organisations in Northern Ireland on 31 March 1965 was
32 per cent of all children deprived of a "normal home". The
comparable position for England and Wales and Scotland was 17 per
cent and 15 per cent respectively. From 1966 on, it is possible to trace
the increasing role of the statutory authorities both for decisions to
admit children to care and for the funding of such placements.
The statutory bias in favour of fostering contained in the Children
and Young Persons Act 1968, further impacted upon the voluntary
residential sector as emphasis was placed on promoting the number
of children looked after in family situations. In policy terms this
legislative preference resulted in the DHSS Regional Strategies for
1987-92 and 1992-97 providing a framework, which resulted in the
further retraction of both the voluntary and statutory sectors'
residential child care provision. The twin emphasis on residential care
as a last resort and providing care in smaller homes placed
considerable pressure on the voluntary sector which traditionally had
provided care in large scale buildings for children with less complex
needs. The level of disturbance in children's behaviour also increased
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 97
within homes as a consequence of the rising threshold for admission
to residential care.
In addition to legislative and policy imperatives there were also the
wider scandals within the residential sector both in Northern Ireland
and the rest of the United Kingdom, which shattered public
confidence in group living and also inhibited providers from
remaining in what was perceived as a difficult and volatile
environment. The Kincora Inquiry, which has been discussed earlier,
was followed by the withdrawal of voluntary residential providers,
largely from the secular and Protestant church sector.
The Hughes Report sought to improve the quality of care provided to
children by raising the status and training of residential workers.
Recommendation 6 of the Report required that residential staff were
employed and qualified on terms and conditions comparable to their
field social work colleagues. The funding of the Hughes 6 staffing
recommendation was met by the DHSS with the aim of producing a
fully qualified residential social work workforce. To achieve this goal,
however, homes had to cope with large numbers of staff being
released for training purposes. In addition, qualified staff had more
job mobility than was previously the case and retention of them has
been a major issue for the sector. The cost of providing staff with
good terms and conditions has also significantly increased the costs of
residential care. The contracting difficulties, which subsequently arose
between voluntary providers and statutory commissioners, have been
cited as a significant reason for the ongoing retraction of the
voluntary sector.
Table 8 below shows the scale of withdrawal of the voluntary sector
during and following the "Kincora scandal" which first came to
public attention in January 1980.
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 98
Table 8 - Retraction of the voluntary sector
since 1978
The "Report of the Committee of Inquiry into Children's Homes and
Hostels" (Hughes Report) was published in December 1985. Following
that date the main voluntary providers were the homes run by the
Religious Orders of the Roman Catholic church, with the Protestant
church sector only retaining minimal input through the Belfast
Central Mission. The scale of provision made by Barnardos also
substantially reduced during and following this period.
The above table also serves to illustrate the size differential between
voluntary and statutory providers. For example, during 1982 the
average number of children living in a voluntary home was 14
compared with 10 in statutory homes. "Children Matter" sets
out in
its report the number of places available in both voluntary and
statutory children's homes at Appendix 1 Table 1. The figures show a
retraction between 1986 and 1997 from 31 to 15 homes in the
statutory sector with the number of places falling from 480 to 176
and in the voluntary sector a reduction from 12 to 6 homes with
capacity reducing from 208 places to 64 (1997). "Children
Matter"
projected a further retraction within the voluntary sector in the
following 18 months suggesting that around 22 places would be
available from these providers in 1999-2000. This forecast proved
remarkably accurate, as fewer than 20 places were provided by one
church based voluntary provider, namely the Belfast Central Mission,
by 2000.
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 99
Year Voluntary Homes Statutory Homes % voluntary homes
(No. of children) (No. of children) (% children, vol.)
1966 24 (298) 22 (316) 52% (49%)
1970 24 (407) 23 (358) 51% (53%)
1974 24 (447) 29 (335) 45% (57%)
1978 23 (457) 32 (335) 42% (58%)
1982 25 (349) 35 (350) 42% (50%)
1986 12 (144) 31 (333) 30% (30%)
The past 50 years have, therefore, seen a virtual withdrawal of the
voluntary sector from the provision of residential care. Explanations
for this shift are complex and include:
• changes in the legislative context and consequently the increasing
assumption of responsibility for children in need of care by the
statutory authorities;
• the policy imperative in favour of providing for children in small
scale residential settings when historically the voluntary sector
comprised, in the main, large institutional buildings;
• the statutory and policy bias in favour of fostering which resulted
in the retraction of the residential sector as a whole;
• societal changes resulting in fewer applicants for the vocations
which largely removed the workforce from many of the homes
run by religious orders;
• the requirement for a qualified workforce and the increase in
costs of residential care as a consequence of this policy;
• the increasing public concern regarding the standard of care
provided to some children within residential homes and the
withdrawal of voluntary organizations as a result of well
publicised concerns about institutional child abuse; and
• more complex contracting arrangements as a consequence of the
changed role of HSS Boards and Trusts.
The main achievements in residential care for children since 1950
1. Children's residential facilities have moved away from large
impersonal institutions to smaller, more homely settings.
2. There has been a widespread recognition that staff who work
with children in residential settings are performing a skilled and
valued role. This has resulted in a greater emphasis on their
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 100
support, training, status, and the terms and conditions of their
employment. In Northern Ireland post the Hughes Inquiry, this has
resulted in parity with Family and Child Care field social workers.
3. Increasingly residential care is not used to meet the needs of
younger children or as a long-term placement option for older
children who require experiences of family life.
4. There is increased recognition of its value as a service of choice
for
some children rather than as a placement of "last resort". It
is now
viewed as an integral part of the child welfare system.
5. There has been increasing recognition of children's vulnerability in
residential settings and consequently greater safeguards have been
devised in terms of staff vetting, monitoring arrangements,
standards setting, inspection, and the establishment of complaints
and representations procedures. In addition, a considerable body
of regulations and guidance has been developed under the
Children Order to assist with the operation of high quality
residential units.
6. There is an increased awareness of the diversity of children's
needs and consequently the need for a range of facilities within
the residential care sector to ensure that children's assessed needs
are met.
7. There is increased priority afforded to listening to the views of
children when decisions are being made about them.
The way ahead
"Children Matter" set out the shortfall in the existing stock
of
children's homes and the likely consequences for children and the
operation of children's residential services if there is no expansion of
provision. The Report also argues for greater differentiation of
purpose for residential homes to enable children to be placed in
homes capable of meeting their assessed needs. This approach reflects
the changed legislative base for the provision of children's services.
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 101
The devolved administration, the Northern Ireland Legislative
Assembly, has taken an active interest in children's residential
services. The HSSPS Committee, which was established in November
1999, selected for its first Inquiry, children's services, which it
identified as a priority area for scrutiny. The subsequent report of the
HSSPS's, "Inquiry into Residential and Secure Accommodation for
Children in Northern Ireland" was published in December 2000. The
terms of reference of the Inquiry was:
"To investigate the current position with regard to
residential and secure accommodation for children in
Northern Ireland, and to make recommendations for
improvement".
The Report found that "the severe shortage of places and suitable
accommodation contributes to a multitude of problems within the
residential sector and compounds the vulnerability of those children
most disadvantaged in our society". In the Assembly debate on the
Committee's Report all parties endorsed it and the Minister for
HSSPS, in her response congratulated the Committee on the
comprehensive nature of the report and undertook to consider each
of the 36 recommendations. The Minister also concurred with the
approach, which the Committee had taken in viewing residential
services as part of the spectrum of child welfare services rather than
in isolation. The priority afforded to the expansion of the number
and range of children's residential services is clearly evident from the
Northern Ireland Executive, the Minister and the HSSPS Committee.
Carrying forward the commitment into action is the task of the
"Children Matter" Taskforce through establishing Regional
Plans to
address both the expansion of places and the creation of more
specialist residential services for children. Already the Phase 1
Report,
published in June 2001, has established targets to increase the
number of residential places by 77 and to replace 70 existing places.
The Taskforce's Phase 2 Report will take forward the development of
specialist residential services for children with a range of complex
needs.
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 102
The availability of a high proportion of qualified residential staff
provides Northern Ireland with a good base from which to expand
provision and to develop more specialist models of service for
children who require residential care. Although it will be a major
challenge to recruit and retain a significant increase in the workforce
to staff the large number of new homes in planning. The current
model of general-purpose homes has not the capacity to utilise staff
resources and skills to the level necessary to sustain morale and retain
staff within this workforce. There is a need to establish models of
service, which enable staff to operate to explicit statements of
purpose and function and to achieve good outcomes for children.
Residential care and foster care are not mutually exclusive options
rather they are integral parts of the child welfare system. The
successful functioning of each is linked closely to the health and well
being of the other.
There is a need for concerted effort if residential services are to
develop both to the number and type required and to be informed
by an ethos which views residential care as an essential part of the
child welfare system, accessed according to children's assessed needs,
rather than as a last resort. In 1950, welfare authorities were
encouraged to build and to commission children's homes to enable
the Poor Law provision to be ended for children. Now 50 years later
the Department is again asking the successors of welfare authorities,
HSS Boards and Trusts, to expand their provision. Early indications are
that the progress being made today is not at the pace of those
charged 50 years ago with this duty.
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5
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 105
Chapter
JUVENILE OFFENDING
Development of the juvenile justice system - pre 1950
In order to understand the juvenile justice system as it was in 1950 it
is important to have an understanding of the key factors that
influenced its development. One of the most important of these was
the Lynn Committee, which was appointed in 1935. The Committee
recommended changes in the law regarding the protection and
welfare of the young and the treatment of young offenders. Its terms
of reference were influenced by many features that had been
introduced in England by the Children and Young Persons Act 1933.
The underpinning ideas of the 1933 Act, which have influenced the
juvenile justice system in Northern Ireland over a long period of time
were:
• that children coming before the courts should be dealt with
separately from adults;
• that concern for their "welfare" should be a major factor in
all
proceedings criminal or civil; and
• an acknowledgement that the distinction between children who
offend and children who come from deprived backgrounds is
often an artificial one.
There was also a widely held view that supported the
"treatment"
for young offenders in a residential setting. In practice this resulted
in
residential sentences for child offenders for sometimes quite minor
offences which could last up to 3 years. They were seen as providing
the child with help and guidance that the child "needed." It
is easy
to underestimate how radical this view of childhood actually was.
Readers of Oscar Wilde's collected letters may recollect how Wilde
wrote to the Times newspaper in support of a prison officer who was
dismissed for giving a young child a "sweet biscuit" because
the child
was crying and found prison food too hard to digest. Between Oscar
Wilde's time in Reading jail in the 1890s and the 1933 Act something
radical had happened to the collective conscience of public policy
makers. There was a desire to be progressive and more
"scientific" in
approach and a belief that this would be of benefit for the child and
the wider society. Since that time sentencing of child offenders has
been influenced by the movement between two ends of a
continuum, the need for treatment and the need to make sentences
proportionate to the seriousness of the offence committed.
The Lynn Committee examined the extent of "juvenile
delinquency"
in Northern Ireland. It concluded that although there had been a rise
in indictable offences involving children and young people under 16
during the 1930s that the numbers of such offences committed by
young people in Northern Ireland was still relatively small. The
Committee also felt that there were important factors to be taken
into account in looking at the reasons for juvenile offending. These
included lack of parental responsibility, poor housing, lack of
employment and lack of recreational facilities. They also found that
there was insufficient evidence to demonstrate the effects of cinema
and dance halls on delinquency!
The Lynn Report was certainly as radical as the content of 1933
English legislation . The recommendations that showed advancement
in thinking in relation to juvenile offenders included:
• the use of police "private warnings" (cautions) for child
petty
offenders;
• the introduction of special qualifications for magistrates sitting in
juvenile court with a resident magistrate always present as
chairman;
• the belief that the jurisdiction and procedure of the juvenile court
should not be similar to an ordinary adult court and the court
should be "empowered to exercise...the widest powers of
guardianship and protection";
• raising the age of criminal responsibility from 7 to 8 years;
• the provision of a special remand home for boys;
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 106
• the view that imprisonment was unsuitable for juveniles even in
the case of very serious acts of delinquency;
• reformatories and industrial schools should be combined into a
system of approved schools; and
• after-care should be regarded as an essential part of the approved
school system.
The Committee gave consideration to whether whipping as a court
sentence should be abolished (the penalty was rarely used in
Northern Ireland) and decided that it should be retained but used
infrequently as they had no doubts that in most cases it had
damaging effects. In coming to this decision they were swayed by the
opinion of Sir Cyril Burt, the psychologist, who felt that in some
cases,
involving the most vicious offenders, it could be useful.
The Lynn Committee recognised the value of supervision of young
offenders in the community. At that time there were just 10
probation officers in Northern Ireland, half of whom were based in
Belfast. Of the Belfast probation officers 3 were women. One other
remaining officer was employed as a court missionary and another
was employed by the Catholic Discharged Prisoners' Aid Society. All
the officers were employed on a part time basis and needed another
form of occupation to support themselves. The scales of
remuneration were low even by the standards of the day. Caseloads
were high. A part time senior probation officer had a caseload of 70
and a part time probation officer had a caseload of 37. Pre-war
probation officers had a calling that was often based on religious
conviction, concerned especially with the evil effects of drink. The
cornerstone of their beliefs was that each offender had dignity,
worth and, above all, could be reformed.
The Lynn Report made significant recommendations regarding the
organisation, appointment, numbers, training and improved
remuneration of probation officers. It visualised a secular, public,
professional body that had outgrown its charitable origins and would
have a significant part to play in supervising child offenders. The
Committee had a vision of the future that moved the emphasis of the
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 107
service away from the moral improvement of offenders towards an
approach based on social science, especially psychology.
Developments 1950-onwards
There was no official or immediate Government response to the
recommendations of the Lynn Report but most of the
recommendations were enacted eventually. Developments in child
care had been overtaken by World War 2. After the war, however,
the Children and Young Persons Act (NI) 1950 was enacted.
It provided for:
• the abolition of reformatory and industrial schools, which were
now to be referred to as training schools. Specific reference was
made to classifying such schools according to "the age of the
persons for whom they are intended, the religious persuasion of
such persons, the character of the education and training given
therein, their geographical position, or otherwise as it thinks best
calculated to secure that a person is sent to a school appropriate
to his needs";
• raising the age of criminal responsibility to 8 years; and
• the introduction of statutory rules, orders and regulations for
juvenile courts, the composition and duties of Boards of
Management of training schools and the appointment of suitable
people to undertake after-care duties for children on release.
The Committee's recommendations relating to probation were taken
forward in legislation in 1950. Although there had been a Probation
of Offenders Act dating back to 1907, the probation service did not
become full time until the Probation Act (Northern Ireland) 1950 was
enacted, establishing the legislative basis for the modern probation
service. Staffing was relatively slow to grow with only 14 full-time
officers and one part-time officer in post by 1955.
The 1950 Act enabled the court to make an offender the subject of a
probation order instead of passing sentence on him. This meant that
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 108
the order did not appear as a criminal conviction and as long as the
probationer complied with the conditions of the order he did not
have to return to the court for sentence. The probation order was
made for a period of between one and 3 years, during which time
the probationer had to agree to be supervised by a probation officer
and to receive visits at home. In more recent years the minimum
length of a probation order has been reduced to 6 months. Since the
co-operation of the offender was essential to the likely success of the
order, his or her consent was required before an order could be
made. The law required the probation officer to advise, assist and
befriend the probationer. It was hoped the offender could be
encouraged to desist from further offending.
The statutory basis of the service has expanded since the 1950s:
• community service was introduced for adults in Northern Ireland
under the Treatment of Offenders (Northern Ireland) Order 1976
and made available to 16 year olds under the Treatment of
Offenders (Northern Ireland) Order 1989. Community service
involves the offender being required to undertake unpaid work in
the community under the supervision of The Probation Board for
Northern Ireland (PBNI). As with a probation order the offender is
required to give consent to the making of a community service
order (CSO). The length of a CSO must not be for less than 40
hours and not more than 240 hours of unpaid work. The statutory
basis for community service orders is now set down under Articles
13 and 14 of the Criminal Justice (Northern Ireland) Order 1996
which repealed the relevant Articles in the Treatment of Offenders
(Northern Ireland) Order 1976;
• additional requirements could be placed upon offenders by the
courts as part of a probation order under the Criminal Justice
(Northern Ireland) Order 1996 if the court considered them
necessary to secure the rehabilitation of the offender, protect the
public from harm or prevent the commission by him of further
offences. These included requirements to reside at a particular
place, to participate in designated activities, to attend a probation
day centre or undertake treatment for a drug or alcohol
dependency. An offender could also be required to undergo
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 109
medical treatment where a qualified medical practitioner
considered this to be necessary; and
• a combination order was introduced as a high tariff community
sentence. It combined a probation order and a community service
order. The order could only be applied to a person over the age of
16. The length of such orders could be between 6 months and 3
years for the probation part combined with between 40 and 100
hours of community service.
The Criminal Justice (Northern Ireland) Order 1996 introduced three
other important changes that affect child offenders.
• the name of the juvenile court was changed to the youth court
with an expectation that, at some point in the future, the court
will deal with 17 year old offenders;
• the social enquiry report (SER) that probation officers produce for
the courts to assist sentencers was replaced with the pre-sentence
report (PSR). The PSR is intended to be a more objective document
that focuses on the offence and addressing risks of re-offending
and of harm to the public; and
• the probation order has now become a sentence of the court in its
own right. It is a community punishment, which can only be
passed when the offence for which an offender is being sentenced
is regarded by the court as "serious enough" to justify a
community penalty.
In the new legislation the purpose of the probation order, which in
the 1950 Act was given as being to "advise, assist and
befriend", was
redefined as being for "securing the rehabilitation of the
offender"
or " protecting the public from harm from him or preventing the
commission by him of further offences". There is an expectation
that
lack of adherence by the offender to the conditions attaching to the
order will result in the offender being returned to court, when an
alternative sentence may be imposed.
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 110
Having commenced with a small group of officers with few having
any formal qualifications, the probation service has developed
substantially in the past 50 years to cope with the new legislative
requirements. The Probation Board (Northern Ireland) Order 1982
facilitated the creation of a new arms length management structure,
which has enabled the service to be run by a community based Board
of Management. The Probation Board today has a staff complement
of around 300, of whom, approximately, 200 work directly with
offenders or are service managers. All probation officers are qualified
social workers. The probation service now operates as a professional
service, which has been given a clearer function to provide
programmes for the supervision and assistance of offenders and to
help them prevent re-offending. It also seeks to protect the public
from harm.
A major report in 1979 by the Children and Young Persons Review
Group, chaired by the late Sir Harold Black, which had been
established to review legislation and services relating to the care and
treatment of children and young persons under the Children and
Young Persons Act (Northern Ireland) 1968 and to consider, in
particular, the future administration of the probation service made
significant proposals for change in the arrangements for
management of juvenile offenders. Many of these have been
implemented over the past 20 years. One of its recommendations,
that training schools should be closed and replaced with a single
custodial establishment for young offenders, was not implemented at
the time. The training schools at Rathgael, St Patrick's, St Joseph's
and Whiteabbey remained in existence although the Rathgael and
Whiteabbey Schools were combined into one school for both girls
and boys on the Rathgael site. Lisnevin Training School was
established at Millisle, after a short period at Newtownards.
Custodial sentences, in the form of training school orders, have been
available to the juvenile courts since 1968 for children who commit
more serious offences or who are persistent in their offending. They
could also be made, until the implementation of the Children (NI)
Order 1995, for children who were found by the courts to be in need
of care, protection and control or children who persistently failed to
attend school. This led to substantial numbers of training school
5
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 111
orders being made in the 1970s and 1980s but these do not truly
reflect the number of juvenile offenders. Over recent years efforts
have been made to separate children who were sent to training
schools as being in need of care, protection and control from those
who were adjudicated offenders. This separation was formalised in
1995 when under the provisions of the Children (NI) Order 1995,
training schools were required to provide separate accommodation
for care and offender cases.
The training schools were not seen to be very effective in preventing
re-offending. A research study, Juvenile Offenders and Reconviction
in Northern Ireland, based on an analysis of all juveniles convicted of
an offence in 1991, found that 86 per cent of juveniles sentenced to a
training school order were re-convicted within 2 years of sentence.
Under the provisions of the Criminal Justice (Children) (NI) Order 1998
the training schools were replaced by juvenile justice centres in
February 1999 , using the existing training schools premises and staff.
Unlike the training school order, the new juvenile justice centre order
(JJC Order) is a determinate sentence that, in the majority of cases,
comprises 3 months in the juvenile justice centre followed by 3
months supervision in the community by a probation officer,
although the courts can make a JJC Order of 2 years duration in
serious cases. In such cases the maximum length of time spent in
custody is 12 months followed by 12 months supervision in the
community. Courts considering making a JJC Order must first have
regard to whether the offence meets the seriousness criteria set
down in the Criminal Justice(Northern Ireland) Order 1996. This is a
significant move from the treatment model of working with child
offenders towards a more explicitly criminal justice model. It is, in
part, a recognition that lengthy residential treatment for child
offenders has not worked and, in part, a recognition that the length
of time in custody should bear some relationship to the seriousness of
the offending involved. The emphasis in custodial centres now
focuses more directly on working with the child on his or her
offending behaviour, although other development needs are taken
into account.
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The decline in numbers of young people receiving custodial sentences
has resulted in the closure of some of the existing secure
accommodation. Lisnevin Juvenile Justice Centre, which is located in
premises built on the design of a category C prison, has long been
considered unsuitable for children. Following a public consultation,
the Northern Ireland Office (NIO) has recently determined that the
two remaining juvenile justice centres, which were housed in the
former training schools at Bangor and Millisle, are to be replaced by
a single, purpose built, juvenile justice centre. The principle
objectives
of the new centre will be to challenge and reduce offending
behaviour through the provision of programmes to address such
behaviour, and to keep juvenile offenders in a safe and secure
environment. It will also be an objective of the new centre to seek to
assist the young people who are sent there to prepare constructively
for their return to the community.
With the introduction of the Children and Young Persons Act
(Northern Ireland) 1968 the age of criminal responsibility was raised
to 10 where it has since remained. The recent review of the criminal
justice system in Northern Ireland which was provided for in the
Belfast Agreement considered whether there should be any change
in the age of criminal responsibility. It concluded that the age of
criminal responsibility should remain at 10 years of age. However, it
also recommended that children aged between 10 - 13 inclusively,
who are found guilty of criminal offences and who require to be held
in custody, should not be sent to juvenile justice centres, but that
their accommodation needs should be provided for by the secure care
system.
Trends in juvenile offending since 1950
It is difficult to establish with any degree of accuracy the amount of
crime committed by juveniles as a significant proportion of all crime
is not reported to the police and not all the crime that is reported is
cleared up. Therefore, official police crime statistics do not give an
accurate picture of the extent of juvenile crime, although they
may give some indication of trends.
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 113
Published figures show that, with the exception of a slight decrease
in the years between 1987 and 1990, there has been a continual
increase in the number of crimes recorded by the police over the past
50 years. It is likely that the numbers of crimes by juvenile offenders
has also increased during this period. Despite this, the number of
juveniles coming before the courts has reduced over the last 25 years
by approximately 65 per cent. It is known that most juvenile
offending is minor in nature and only a relatively small number of
juveniles persist in committing offences. Thus, over the past 25 years
increasing attention has been given to the diversion of child
offenders from the court system and alternative methods being used
to deal with children who offend.
Juvenile offenders coming before the courts now predominantly tend
to be those who are more persistent in their offending or who have
committed more serious offences. However, the SSI, in a recent
unpublished review of the operation of the Criminal Justice
(Children) (Northern Ireland) Order 1998, found that, amongst those
entering juvenile justice centres on remand from the courts or
through short placements under the Police and Criminal Evidence
Act, there is an over representation of children coming from
residential children's homes. These children account for 20 per cent
of such placements.
One change that has had an impact on the number of juvenile
offenders coming before the courts, has been the establishment of
juvenile liaison bureaux to consider the cases of children who have
committed offences. The Black Committee Report recommended that
there should be an extension of police cautioning. The juvenile
liaison scheme has encouraged closer co-operation between agencies
such as probation, social services, education welfare and the police in
decisions about children who offend. The effect has been to divert
many child offenders away from the courts and for their cases to be
dealt with in other ways. In some cases a police caution is
administered; in others children and their families may be referred to
diversion projects or social services for continuing support. Research
data from cautioning schemes in England shows that 80 per cent of
children subject to a first formal caution do not re-offend.
Unfortunately although the juvenile liaison scheme has expanded
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 114
considerably, juvenile liaison bureaux are still not in place in all
parts
of Northern Ireland. The best format for inter-agency co-operation
has, however, still to be determined. Over the past two years a
"children's panel" has been piloted in one HSS Trust area and
its
progress has been subject to evaluation.
As part of a second caution or a caution for a serious offence children
are now sometimes encouraged to make reparation to their victims
through a process of restorative justice and staff from the core
agencies have been trained in the Thames Valley model of restorative
cautioning although the victims rarely attend. Indications from
England are that restorative schemes are not easy to establish but
they can enable justice to take place more swiftly so that it is more
real and meaningful to the child and can also be of benefit to the
victim.
Figures for 1999-2000 show that there were 12,323 cases referred to
the juvenile liaison scheme. Of these, only 5 per cent (643) were
referred to the courts for prosecution. The other cases were dealt
with by advice and warning (60 per cent), or by official caution (11
per cent). The remaining 24 per cent involved no further action.
One of the more common offences for which juveniles appear before
the courts is that of criminal damage. Burglary and robbery offences
by juveniles have reduced substantially since they peaked in the early
1980s. Motoring offences by juveniles brought before the courts have
fallen substantially since the 1970s and sexual and violent offences
have consistently represented a small proportion of offences
committed by juveniles. Some offences reflect changes that have
taken place in society over the past 50 years. Drug offences, which
currently represent a very small number of the total cases coming
before the courts, and joy riding are offences which were virtually
unknown 50 years ago.
Trends in sentencing juvenile offenders
For most of the 20th century children who offend were given a
special status under the criminal law. Since the Children Act 1908,
magistrates courts dealing with children under 16 were required to
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 115
deal with them separately from adult offenders by sitting at a
separate place or at a different time. The juvenile court dealt both
with those children who were in need of care and protection and
those who had committed criminal offences. The 1968 Act in
Northern Ireland raised the age for separation of children from adults
in criminal proceedings to include 16 year olds.
In recent years there has been an interest in developing new
community based approaches to dealing with youth offenders. Apart
from the new community sentences referred to earlier, courts were
empowered to make attendance centre orders under the provisions
of the Children and Young Persons Act (Northern Ireland) 1968. The
first attendance centre was established in Belfast in 1970. An
attendance centre order requires a child to attend a centre for a
period of between 12 and 14 hours, spread over a number of weeks.
There is provision for the duration to be less than 12 hours in certain
circumstances for children under 14. The attendance centre order in
Northern Ireland is taken as an opportunity to carry out a piece of
focused work with the child in order to address his or her offending
behaviour. This involves the use of an accredited centre with trained
staff. There was, however, only one attendance centre in Northern
Ireland for 30 years, which limited the availability of the sentence to
those within the greater Belfast area and consequently attendance
centre orders have only ever represented a small percentage of the
overall sentences for juveniles in Northern Ireland. More recently
efforts have been made to extend the provision to other parts of the
Province.
The main sentencing trends until 1998 were as follows:
• the use of fines for juvenile crime which has declined over the
years, in part, because the fine often had to be paid by parents,
particularly in the case of younger children. The use of the fine for
juvenile offenders has now reduced substantially from 35 per cent
of all disposals in 1970 to approximately 10 per cent in 1998;
• absolute discharge which is used only in a very small percentage of
cases. Courts have also made use of conditional discharges for a
substantial proportion of juvenile offenders. Over the past 30
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 116
years the percentage of cases given a conditional discharge has
varied between 22 and 28 per cent. Although, as the children who
appear before courts nowadays tend to be more serious or
persistent offenders it can be anticipated that the use by the courts
of absolute and conditional discharge will diminish in future;
• probation orders have consistently represented between a quarter
and a third of the outcomes for juvenile offenders over recent
years;
• since 1990 more use has been made of the community service
order for juveniles but overall it represents only about 3 per cent
of all disposals for juvenile offenders;
• the number of training school orders had been falling over the
past 20 years. Numbers of training school orders fell from 267 in
1986 to 140 in 1997. With the separation of juvenile offenders
from those young people requiring care, the population of the
training schools declined considerably. In 1997 there were 69
training school orders made. This fell to 52 the following year.
During this time the average number of children in residence was
88. Since the commencement of the new shorter juvenile justice
order the number of direct committals was 73 (1999) and 76 (2000)
with an average number of children in residence of 29; and
• the JJC Order is intended for only the most serious and persistent
juvenile offenders. The number of children who have been made
subject to JJC Orders, which have been available to the courts since
February 1999, has been relatively small. Fifty-one JJC Orders were
made over the first 9 months since the introduction of the new
order. The court can also make a young offender centre order in
respect of a 17 year old where it considers a custodial sentence to
be necessary. Between 20 and 50 such orders are made annually,
representing 3-6 per cent of all juvenile/youth court disposals for
juveniles in Northern Ireland. Young Offenders Centres are part of
the prison system. It is anticipated that when the new purpose
built juvenile justice centre is built there will be no need for
children under 17 years of age to enter the prison system.
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 117
Under the provisions of Part IV of the Children (NI) Order 1995 there
is now a general duty placed on each HSS Trust to safeguard and
promote the welfare of children within its area, who are in need.
Each authority is required to take reasonable steps designed to
reduce the need to bring criminal proceedings against such children,
to encourage children within its area not to commit criminal offences
and to avoid the need for children within its area to be placed in
secure accommodation.
These requirements are broad in scope and have led to variation in
the emphasis placed on work with child offenders across Board and
Trust areas and in the resources devoted to it. Agreed targets and
standards for the use of diversionary strategies by agencies concerned
with juvenile justice are a necessity to move this area of work further
forward. A clearer framework is needed to ensure that, working in
close co-operation with others, social services can make a real
contribution to the prevention of delinquency by children.
The emphasis in the past on early and prolonged residential
treatment of juvenile offenders has not been particularly successful.
In the past five years there has been greater emphasis on providing a
wider range of alternatives for dealing with children who offend
with custodial sentences used as a last alternative for only the most
serious offences. There are examples of good practice in preventive
work being undertaken by agencies such as Extern, Northern Ireland
Association for Care and Resettlement of Offenders (NIACRO) and
Whitefield in close collaboration with social services. Whitefield is
managed by the Juvenile Justice Board, and has 16 projects largely in
the Eastern areas of the country.
The main achievements in juvenile justice since 1950
1. There is widespread recognition that juvenile offending should be
considered within the context of the social circumstances of the
young person concerned.
2. The age of criminal responsibility has increased from 7 to 10.
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3. Working with young offenders requires the involvement and cooperation
of a number of agencies - statutory and voluntary.
Multi-agency working has developed especially over the past 10
years.
4. Although the emphasis for most of the last 50 years has been on a
welfare/treatment approach, this has recently changed towards an
approach where the length of custodial intervention is in
proportion to the seriousness of the crime.
5. There has been a considerable interest in alternatives to custodial
care. Community based initiatives have been successfully
implemented.
6. The introduction of restorative justice schemes is seen as an
important development in helping not just the young offender
but also the victim.
The way ahead
Northern Ireland has so far been spared the moral panic that has
occurred in England and Wales, which has led to a rapid increase in
legislation. While there is no room for complacency, especially with
regard to the use of drugs and violent assaults among young people,
sentencing statistics show a falling number of young people coming
before the courts since the 1970s and the most common crimes
committed by young people are linked to property.
A strength of juvenile justice services in Northern Ireland during this
period has been a willingness to innovate and experiment and this is
continuing with the development of diversionary services, mentoring
schemes and restorative justice projects.
In terms of lessons that can be learnt the undernoted are recorded:
• the former training school system was expensive, it incarcerated
children for long periods of time often for relatively petty offences
and was ineffective in reducing re-offending;
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 119
• there is a need to develop an inclusive form of training for
residential and field child care staff and juvenile justice workers so
that the juvenile justice centre is not isolated from the
mainstream. Well-qualified staff can be attracted and retained and
there is movement between the field and the centre;
• the provision of services for child offenders across Northern
Ireland has been inconsistent. Examples of this include the
inconsistent coverage of juvenile liaison bureaux and a lack of
cohesion in children's services planning for children in conflict with
the law. This demonstrates the need for Government to take more
of a leadership and co-ordinating role. It is likely that this will
happen through the forthcoming juvenile justice agency;
• work with child offenders has been insufficiently evidence led.
There has been a lack of research and practice based knowledge
on working effectively with child offenders has not sufficiently
developed. The NIO's paper, Juvenile Offenders and Reconviction
in Northern Ireland, showed reconviction rates for community
service of 71 per cent, for probation orders of 80 per cent and for
attendance centres of 89 per cent;
• there is need to ensure that there is total commitment to interagency
co-operation from the commencement of a JJC Order for
each young person. This should cover the assessment of need and
of risk and include the planning for and delivery of programmes
that tackle offending behaviour;
• there has been insufficient emphasis on engaging directly with the
family of the child offender at an early stage, and subsequently, in
order to help the family develop skills to deal with their child's
offending behaviour;
• the establishment of a bail support scheme would further reduce
the number entering juvenile justice centres on remand.
Identifying alternative residential care and fostering for those who
cannot remain at home while awaiting a court hearing would also
help to keep out of custody children who do not need to be
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remanded or placed in a secure unit under the provisions of the
Police and Criminal Evidence Act; and
• children who are offenders have too often been excluded from
mainstream services in education and training and, while there are
exceptions to this, the quality of services that they have been
given have not been of adequate standard to help the child
reintegrate. There has been insufficient focus on the issue of
school exclusion. A scheme of school based conferencing has
recently been introduced on a pilot basis by Barnardos, working in
partnership with the Southern Education and Library Board, aimed
at intervening before the suspension of a pupil takes place.
The report of the Criminal Justice Review offers an opportunity to set
in place good multi-agency standards for police, probation, social
services, the juvenile justice centre and other agencies so that they
can work together in a joined up and effective way. To be effective
this will require publicly published standards, key performance
measures and engagement with sentencers. The review group also
considered that restorative justice might be particularly useful in
dealing with juvenile offenders without a long history of criminality
but whose offending was a matter of real concern to local
communities. Restorative justice is an approach to dealing with harms
created by crime which views such problems as a breakdown in
relationships and seeks to repair those relationships. It tries to
balance the rights and interests of offenders, victims and the
community. Rather than by dealing with them as a violation of the
law where the offender must be punished, restorative justice focuses
on the harm that the crime does to the victim, to the community and
also to the offender. The aim is to repair the damaged relationship
which may be at the root of criminal behaviour and which will have
been further damaged by that behaviour.
The review group has recommended the development of restorative
justice approaches for juvenile offenders and that a restorative justice
approach should be integrated into the juvenile justice system in
Northern Ireland. While the review group recommended that a court
based youth conferencing scheme should operate on the basis of
court referrals it has also acknowledged that pre-court conferences
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could also be developed as part of a diversionary strategy. The
emphasis on restorative justice offers an opportunity for a new and
additional approach to dealing with juveniles who offend as we
enter the 21st century.
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DISABLED CHILDREN
Introduction
Described on occasions as 'the forgotten children', it is only in
relatively recent times that the social care spotlight has begun to
focus on children who have a disability. Baldwin and Carlisle (1994)
point out that the need to develop publicly funded care for disabled
children living with their families was not recognised by statutory
authorities until the early 1970s - indeed 'children with disabilities
have been excluded from mainstream child care policy for most of
this century'.
Yet the numbers of disabled children are significant. A prevalence
study carried out in 1992 by the Government's Policy Planning and
Research Unit estimated that 14,600 children in Northern Ireland
were disabled (PPRU, 1992). This represents a rate of 35 per thousand
children. The number of children estimated to have disabilities in the
highest severity category was 2,600, the equivalent of 6 per thousand
children in the population. The lowest severity category was
estimated to include some 3,300 children, representing a rate of 8 per
thousand children. Some form of disability therefore affects many
children in Northern Ireland.
It would be difficult to trace the development of social care services
for disabled children in isolation from advancements in education
and the health services. Their histories are intertwined. Long stay
hospitals and special residential schools in the past provided a form
of institutional care for disabled children. Indeed, most of the
residential homes for the disabled established by voluntary bodies in
the early years of the Victorian era and well into the 1970s provided
an element of medical treatment and education. As educational and
medical services became community based and more severely
disabled children were able to be cared for at home, statutory
welfare services faced the challenge of developing effective
community support services and this remains the challenge for today.
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Chapter
Services for disabled children prior to 1950
In the pre-war period many physically and sensory disabled children
were in the care of charitable institutions. Children in these
institutions were taught trades, particularly shoe making, shoe
mending and tailoring. On reaching school leaving age they often
went into sheltered employment. Evason et al (1976) note that prior
to the inception of the welfare state, the education authorities had
done little for disabled children. This was generally true of all the
statutory authorities. There is a complex pre-war history associated
with the contribution of voluntary organisations to the health, social
care and education of disabled children. Most of this history still
remains in the archive records of pre-Victorian institutions and
charitable bodies. A few examples are noted here:
• the 'Cripples Institute' (now the Northern Ireland Institute for the
Disabled) founded in 1878 had by 1904 established 2 residential
homes with schools, each catering for 50 disabled children. At one
stage, orthopaedic surgery was carried out on site. One of the
homes, originally 'The Mrs Stuart Memorial Home' in Bangor, was
formally recognised as an educational establishment in 1957 and
continued as a residential school until 1983, when it was closed
due to diminishing needs for disabled children to receive
education away from home;
• in 1836, a committee of interested individuals formed the Ulster
Society for Promoting the Education of the Blind, Deaf and Dumb
and opened a small school for deaf children with 'a small dwelling
house' for children from outside the city. This work was the
forerunner to the establishment of the Ulster Institution for the
Deaf and Dumb and the Blind which by 1843 had 100 boarding
pupils. There were rigorous regimes in the school and only one
month's 'vacation' period was allowed when pupils could return
to their own homes (Hailes, 1989).
In the early 1940s there was no institution to cater specifically for the
needs of adults or children who were 'mentally handicapped.' In
practice, 'most mentally defective children went to ordinary schools
or stayed in their own homes.' (Caul and Herron, 1992).
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In the absence of a full and readily accessible historical record of the
residential and other support services offered by voluntary
organisations, it is impossible to map the general provision that
existed for disabled children prior to the inception of the welfare
state. Statutory welfare provision developed within legislation that
brought children and adults together in the use of the term,
'disabled persons.' Even by the early 1950s post war period in
Northern Ireland, however, statutory welfare services aimed
specifically at disabled children were almost non-existent.
Welfare policy and legislation
It was health legislation, rather than welfare law that first enabled
the provision of help at home for families with a disabled child. The
Health Services Act (NI) 1948 provided for a health authority to make
arrangements for domestic help where 'such help was required
owing to the presence of any person who is ill, lying in, an expectant
mother, mentally defective child, or a child not over compulsory
school age.' The 1949 Welfare Services Act (NI) which followed was
the first important welfare legislation to address the needs of people
with disabilities. The introduction to the Act stated that it was an Act
to:
'substitute for the existing Poor Law relating to workhouse
accommodation and relief, requiring welfare authorities to
provide residential and other accommodation for certain
persons in need thereof ... to provide for the disposal of
workhouse property; to make further provision for the
welfare of handicapped and aged persons'.
'Handicapped' groups were defined as persons who were ' blind, deaf
or dumb and other persons who are substantially handicapped by
illness, injury or other congenital deformity or other such disabilities
as may be prescribed and whose handicap is of a permanent and
lasting nature'. Examples of the assistance that could be given were:
• informing those eligible of services available to them;
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 125
• giving instruction at home and elsewhere in methods of
overcoming disability;
• providing recreational facilities and the compilation and
maintenance of Registers of Handicapped Persons; and
• domestic help, but only for the handicapped.
The 1948 Act further provided that authorities could assist voluntary
bodies in the provision of services covered by the Act and voluntary
organisations that were providing meals or recreation for the aged
and handicapped.
The powers of health authorities to provide domestic help were
repealed by the 1954 Welfare Services Act (NI) and transferred to
local welfare authorities who assumed full responsibility for the
'home help' service as it came to be known. The 1954 Act brought
within the scope of welfare authorities the authority to provide
domestic help for any household for which help was needed by
reason of, inter alia, the presence of persons who essentially fell
within the definition of the 'handicapped' groups identified above.
No further changes were made until the Welfare Services
(Amendment) Act (NI) 1961 added the provision of meals to the
services that welfare authorities could offer directly to the
handicapped.
In 1971, the Welfare Services Act (NI) created a duty on each welfare
authority to 'ascertain the number of persons who in its area stand in
need ... of the several services which it is the function of the welfare
authority to provide' and gave welfare authorities general powers to
promote the welfare of the disabled, including the mentally
disordered, but little changed in the examples of services that could
be provided.
The above welfare enactments were repealed in the 1972 Health and
Personal Social Services Order for Northern Ireland. This imposed a
general duty on the Ministry (subsequently the DHSS now the
DHSSPS) to provide or secure the provision of personal social services
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in Northern Ireland designed to promote the welfare of the people
of Northern Ireland. There is no specific mention of disability in the
Order.
The next legislation to address the needs of disabled people was the
Chronically Sick and Disabled Persons (NI) Act 1978 which made it a
mandatory function of HSS Boards to ensure that they were
adequately informed of the numbers and needs of handicapped
persons in their area. The Act required Boards to publish information,
make arrangements for social services to meet the needs of disabled
people, including practical assistance in the home, transport
arrangements, home adaptations, holidays and help obtaining a
telephone. This was amended by the Disabled Person's Act (NI) 1989
which further required Boards to identify the needs of school leavers
with disabilities and provide appropriate services. The Disabled
Persons Act gave people with disabilities rights to representation,
assessment, information and counselling. The Act also gave carers of
disabled people the right to an assessment of their ability to care to
be taken into account and the right to ask for an assessment of the
needs of the disabled person.
Strictly not a welfare provision, but with important implications for
the provision of social care services, the Disability Discrimination Act
1995 stated that disabled people must not be discriminated against
by those providing goods, facilities or services. A failure by a Trust
to
provide a service to disabled children could therefore be considered
to be discriminatory.
The Carers and Direct Payments Act (NI) 2001 which is about to be
implemented gives HSS Boards and Trusts the power to make direct
payments to people with parental responsibility for disabled children
so that the child can access mainstream services and leisure activities.
The Act also extends direct payments to 16 and 17 year old disabled
children where they intend to leave home to go into further or
higher education. Children and their families now have an enhanced
choice of services and for the first time, autonomy in choosing the
type of service they wish to receive.
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Thus, until the introduction of the Carers and Direct Payments Act
(NI) 2001, the needs of children with disabilities historically have
been
subsumed in welfare legislation aimed primarily at adults. This may
well have influenced the way welfare services were delivered to
disabled children. Even at the point in the mid 1980s when social
services developed programmes of care, services for children with
disabilities were, with only few exceptions, delivered within the adult
programmes.
Social Security Benefits and the Family Fund
Many families who have a disabled child suffer financial hardships -
historically disability and poverty have gone hand in hand.
Furthermore, research has consistently demonstrated that the
transparent and hidden costs of caring for a disabled child are
substantially greater than those for able-bodied children.
No extra financial assistance was available for children with
disabilities until Attendance Allowance was introduced in 1971. In its
early days, however, the eligibility criteria for attendance allowance
effectively excluded many disabled children. In 1972, following the
immense publicity surrounding the birth of children damaged by
Thalidomide, the Government announced the establishment of a
Family Fund to help parents 'shoulder the various burdens entailed in
caring for very severely congenitally handicapped children'. It was to
be administered by the Joseph Rowntree Memorial Trust. A
publication in 1976 detailing its activities showed that 1,691
applicants had received grants in Northern Ireland. The Fund
reported:
'Health and Social Services Boards have responsibilities to
provide aids and adaptations and to provide social work
services. The variability in the level and type of provision in
different areas is well known but the services provided for
families with handicapped children appear to be generally
miniscule and a quarter of families applying to the Family
Fund are actually not known by their social services
department. As far as we can tell, very few of those that
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are known are receiving either casework support or even
routine review visits. I am afraid that the view one gets of
the personal social services from the perspective of the
families is very bleak indeed; anger and frustration that has
wilted with experience to a weary resignation that "they
cannot help you".
Whilst the type of grant made available has changed over the years,
the Family Fund still operates here and mainly supports families by
assisting them with holidays and white goods. The DHSSPS continues
to finance it as part of a national agreement with the other 3 United
Kingdom regions. In the year 2001-2002, some £1.4 million was
allocated in support of the Family Fund.
In 1977 the Mobility Allowance which had formerly been paid to
eligible people aged 15 - 50 years who were unable or virtually
unable to walk, was extended to cover children aged 5 - 15 years and
in later years to children from the age of 2 years. More recently,
further developments in social security benefits to support children
and their families have made a significant impact, such as:
• the extension of attendance allowance to children under 2 years
and to children with a terminal illness without a 6 months 'waiting
period';
• the amalgamation of attendance and mobility allowances into the
Disability Living Allowance;
• the extension of Invalid Care Allowance to married women;
• the creation of Carer's Premiums on Income Support; and
• the Social Fund, which can help 'families under exceptional stress'.
Social security benefits provide an important context for the delivery
of social care services because of their direct impact on the living
standards of disabled children and their families.
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Education legislation and schooling for disabled children
At the inception of the welfare state, the pressures of caring for a
severely disabled child at home already had for many years been
compounded by a lack of suitable education facilities. Children whose
disability prevented them from attending mainstream schooling
would have found it almost impossible to find a local school, unless
they lived in the Belfast area.
The 1947 Education Act (NI) required education authorities to have
particular regard 'to the need for securing that provision is made for
pupils who suffer from any disability of body or mind by providing,
either in special schools or otherwise, special education treatment
appropriate for persons suffering from that disability.' In December
1947, there were only 11 special schools in Northern Ireland of which
5 were under voluntary management and 2 were hospital based. The
597 pupils in these schools were categorised as: blind, deaf, physically
handicapped, delicate and Educationally Sub Normal (ESN). Provision
was concentrated in Belfast. Some of the better known residential
schools for disabled children in Northern Ireland were established
during the 1950s and 1960s but, as noted above, their roots go much
further back.
After many advances in the education of children with sensory
difficulties, the Ulster Society for the Deaf Dumb and Blind purchased
land at Jordanstown Co Antrim in 1953 to establish the Jordanstown
School for children with sight and hearing impairments, which is still
operating today.
The Northern Ireland Council for Orthopaedic Development (NICOD,
now the Cedar Foundation) founded Malcolm Sinclair House in 1953
as a clinic for 25 children, mainly with cerebral palsy. This later
became a nursery school with treatment for the very young. By 1955
there were concerns about problems of 'educability and
employability' of disabled children and NICOD opened Mitchell House
School in 1961. By 1965 the school had 26 residents and 14 day
pupils. The Belfast Education and Library Committee, heavily
influenced by the work of NICOD had made a special class available
in Mountcollyer School in 1956 for children with cerebral palsy and
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 130
other conditions. This became the current Fleming Fulton School,
which when it first opened enrolled children from 5 yrs to school
leaving age and provided residential accommodation for pupils from
outside Belfast. In 1971 NICOD handed over responsibility for its
schools to the Department of Education.
The Health Services (NI) Act 1948 had introduced a duty on the
Ministry of Health with regard to the ascertainment and treatment of
mental deficiency and the care, supervision, training and occupation
of mental defectives. The Mental Health Act (NI) 1948 gave the
Northern Ireland Hospitals Authority responsibility for all mental
health services, including services for 'persons requiring special care'
-
a more acceptable term for children and adults whom legislation had
formerly described as 'mental defectives', 'imbeciles' etc.
Under the Mental Health Act (NI) 1961, medical practitioners or
health authorities were required to refer to the education authorities
any child between the age of 2 years and under the compulsory
school leaving age who was felt to be in need of special care. The
Education and Library Board in turn was to notify the health
authority if the child was found to be 'uneducable'. Parents could be
compelled to send children to training centres where it appeared this
was necessary. A number of special care schools and training centres
were established which, after the restructuring of health and welfare
services in 1972 became the responsibility of the newly created
Health and Social Services Boards.
From the implementation of the 1947 Education (NI) Act to 1970
several amendments and miscellaneous provisions followed and the
1947 legislation was repealed in 1972 by the Education and Libraries
(NI) Act which introduced significant administrative changes. The
basis of educational development in Northern Ireland until the mid
1970s effectively was the 1947 Act. (Evason et al, 1976). A number of
disabled children from Northern Ireland were sent to special schools
in the South of Ireland and in England. In some cases, welfare
authorities paid for young disabled school leavers to attend
rehabilitation courses in England.
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 131
The most radical reforms, however, to have had an impact on the
education of disabled children were introduced in the 1980s and
1990s. The Education (NI) Act 1981 and the Education Order 1986
committed the Government to the integrated education of all
children. The Order imposed a duty on Education and Library Boards
to promote the education of children with special needs in ordinary
schools alongside other children, no matter how severe a child's
disability, subject to certain conditions. It introduced arrangements
for assessing a child's special educational needs and making a
'Statement' of how these would be met. In 1987, responsibility for
the education of children in 'special care' schools passed from HSS
Boards to Education and Library Boards.
The 1989 Education Reform (NI) Order established the Northern
Ireland Curriculum and applied it 'with such modifications as may be
specified in the Statement' to children with special educational
needs. The Disabled Persons (NI) Act (referred to above) and
introduced in the same year, required Education and Library Boards
to seek information from HSS Boards on the first assessment after the
child's 14th birthday as to whether a child with a statement is
disabled and to notify them between 8 and 12 months before a child
under 19 years is due to cease full time education. This should assist
in addressing some of the problems that disabled young people can
experience in the transitional period from child to adulthood, when
after leaving school many suffer from social isolation, a lack of self
confidence, self esteem and have difficulty in finding and keeping a
job (Hirst and Baldwin, 1994).
Finally, the Education (NI) Order 1996 and its associated Code of
Practice created more rights of appeal by parents against decisions on
assessments and statements. The Code of Practice which came into
effect in 1998, gives detailed practical guidance to schools and
Educational and Library Boards on how to identify, assess, record,
meet and review special educational needs (Titterington, 1999).
In terms of their integration into ordinary schooling, disabled
children have come a long way in the 50 years under consideration. A
survey of disabled children carried out in 1994 by the Government's
Policy, Planning and Research Unit (PPRU, 1995) showed that 95 per
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 132
cent of children who fell within the least severe category of disability
were attending an ordinary class in an ordinary school. By contrast,
however, only 25 per cent of children in the most severe category
attended an ordinary class. Sixty-seven per cent of this group were in
special education, which included a special school or a special
class/unit or remedial class/group of an ordinary school.
Whilst a significant number of the more severely disabled children
are the subjects of special educational arrangements, it is evident
that there have been important developments in educational
provision over the 50 year period. Residential and day institutions
that by the early years of this period had been well established by
charitable organisations were the key providers of social care,
education and medical treatment for children. Although the duties
imposed on welfare authorities at that time in respect of disabled
children were minimal, this charitable provision had the effect of
relieving welfare services of the care of a large number of the most
severely disabled children within their own families.
Until the 1970s the medical model of education predominated with
an emphasis on 'illness'. At its most simplistic level, the purpose of
education was to provide 'cures' or 'educational therapies'. This was
typified by the numbers of children in long stay hospitals, specialist
institutional care with treatment and training on site - indeed, some
institutions in the early days had their own operating theatres - or in
residential schools which provided specialist therapies.
By the 1980s the medical model had come under much criticism for
focusing on the disability rather than on the impact of the
educational provision on the pupil's learning. Sebba and Sachdev,
1997 note that a more interactive approach developed in which the
child's difficulty was seen to arise from a mismatch between the
characteristics of the child and the organisational aspects of
provision. The responsibility for the difficulties shifted from the
child
and the parents to the school. The school needed to provide
sufficient support to enable the child to cope with the demands of
schooling or to modify the demands to enable the child to do so.
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 133
More recently alternative perspectives have been presented in which
disabilities are acknowledged and support and adaptations provided.
The presence of disabled children who experience difficulties with the
organisational arrangements of the school is seen as an opportunity
to consider and address limitations in current provision. In this sense
'special educational needs' can be seen as a vehicle for whole school
improvement (Sebba and Sachdev, 1997).
A few special 'education with treatment' schools remain. However, a
number of factors are now serving to promote more formal
structures of support to disabled children and enabling preparation
for further education, training or occupational life in an
unprecedented way, including:
• the inclusion of many disabled children within ordinary schools
and greater accessibility of locally based special schools;
• the requirement for joint assessment by HSS and Education and
Library Boards of children who have a statement of special
educational need; and
• the impending introduction of direct payments to young people
aged 16 and 17 years.
One of the newer challenges for both education and social services is
to ensure that all disabled children have access to high quality
preschool
and nursery provision from which they have been excluded in
the past. Such initiatives are now being developed with a view to
mainstreaming disabled children within ordinary pre-school provision.
The development of health services for disabled children
The PPRU study, 'Disabled Children in Northern Ireland' (PPRU, 1995)
demonstrated that health services provide the core services for
disabled children. Whilst 75 per cent of the children surveyed were in
regular contact with medical consultants, only 13 per cent were
receiving social care services at home and of these, over a quarter, 28
per cent reported that they were not visited by a social worker.
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 134
Sixteen percent of parents said that there were services that their
child needed but was not getting - these were usually social care or
nursing services. There is clearly scope for greater development of the
role of social workers within health care teams.
It would be impossible to catalogue the full history and development
of health services for children with disabilities. Some of the accounts
presented in this section serve to illustrate the growth of community
based health services and the potential for social workers to become
fully integrated as part of the multi-disciplinary team.
Development of services for children with physical disabilities and
chronic or life limiting illnesses
Patterns of disease have changed dramatically since 1947.
Poliomyelitis and tuberculosis of the bones and joints were the two
main crippling diseases at that time. The advent of a vaccine to
eradicate polio and drugs to cure tuberculosis had by the 1950s
changed the face of orthopaedics (James, 1984). However, the poor
health of the people of Northern Ireland just after the war together
with the social, medical and economic problems that prevailed
created the circumstances in which a high number of children with
cerebral palsy were to be expected. Around 1950, NICOD established
the first clinic for children with cerebral palsy, which became the
prime source of advice and care in Northern Ireland for this group of
patients. This organisation also opened Malcolm Sinclair House in
1953 as a treatment centre for children and the work was later
expanded to include treatment centres at Mitchell House and
Fleming Fulton schools. It is of note that the centres employed
physiotherapists, occupational therapists, speech therapists, teachers
and psychologists. In his comprehensive history of NICOD, Mr W V
James makes no mention of liaison with welfare officers or social
workers in the early years, save to comment that between 1955 and
1959 there were various requests from Down County Welfare
Committee to provide:
• a car for 2 handicapped brothers for recreational purposes;
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 135
• a grant for the provision of a typewriter for a handicapped girl;
and
• a grant for £400 in respect of a handicapped person who wanted
to start a chicken farm.
NICOD in each of these circumstances 'regretted it was unable to
help' - the Welfare Committee eventually provided the typewriter
itself. Children with conditions other than cerebral palsy were also
referred to the centres, for example, spina bifida and other
congenital conditions and, in 1967, several children who had suffered
Thalidomide damage. By 1980, the organisation had established
advice clinics in several parts of Northern Ireland. Rather than parents
having to travel, they 'provided a service that went out from Belfast
to the hospitals and took the treatment to the children and the
parents' (James,1984).
Dr C Field (former Consultant Paediatrician at the Belfast City
Hospital) summed up developments in paediatric care since his
appointment in 1947 and the innovative thinking that led to the
establishment of an assessment clinic in 1976 with a specialist team:
'I soon realised that a single handicap was rare - most
children had several problems. For example, the child with
cerebral palsy, although usually sent to hospital because of
delay in his motor development, very frequently had
problems of hearing, vision, speech, language or
intelligence and emotional, social and educational
difficulties were the rule, rather than the exception.
With all of these difficulties parents found it difficult to
relax and communicate their problems in the hurly burly of
the ordinary outpatient's department. Furthermore, the
examination and treatment of these children required skills
in other disciplines which I did not possess. The other
disciplines were - speech therapy, occupational therapy,
physiotherapy, orthoptics, educational psychology and
social work.
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 136
The treatment of handicapping conditions is badly taught
in medical schools but I also found that it is extremely
badly taught in all these disciplines so I had to get not only
therapists, but therapists with a specialist post graduate
knowledge and experience of handicapping conditions.'
(Field, 1982).
The late 1980s and 1990s saw the establishment of Child
Development Centres and Community Paediatricians appointed in
each Board with responsibility for children with developmental
disabilities. As a result, many children have access to specialist
clinics
within their own localities and fewer children have to be seen at
regional treatment centres in Belfast. Dr N Hill, Consultant
Community Paediatrician in South and East Belfast HSS Trust recently
scoped the known morbidities i.e. those that have been recognised
for many years and the 'new' morbidities i.e. emerging trends and
conditions that have become prevalent in relatively recent times. It is
evident that the latter present new challenges to the
multidisciplinary, community team (Figure 1).
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 137
Figure 1 - Disabled children and morbidity trends
*eg children requiring ventilation or dependent on technological
equipment.
The number of children who have disabilities and conditions that
require clinical intervention has grown significantly. This is due in
part to advances in medicine, which mean that more children are
surviving premature birth and neonatal complications and those with
degenerative diseases are living longer. This group of children may
require feeding tubes, suction, catheterisation, nebulisers or
administration of rectal diazepam for the control of epilepsy and
regular injections.
More recent years have also seen the emergence of voluntary
organisations such as Malcolm Sargent Cancer Care, the Children's
Palliative Care Team (formerly the Diana Children's Community
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 138
The known morbidities The new morbidities
Developmental delay eg developmental disorders eg
speech problems; developmental co-ordination
disorder, dyslexia, autistic
Childhood disabilities eg spectrum disorder, attention
cerebral palsy, deficit hyperactivity disorder;
Learning disability, specific Life limiting disorders and
learning difficulty; technology dependent
children;*
Chronic illness eg asthma, Complex child protection
enuresis; eg Munchausen by proxy;
Behavioural disorders - School based health problems
child psychiatry; eg anaphylaxis;
Child Health surveillance work Behavioural disorders.
including eg audiology.
Nursing Team) and the Children's Hospice specialising in
multidisciplinary
care and support of children with life limiting conditions.
As the number of children with complex health care needs grows, so
too does the need for shared care services where children can have
short breaks in family based or small group settings. The challenge to
social care services is to find and support such placements through
the training of support carers who will inspire the confidence of the
children and families who are dependent on them.
Development of services for children with learning disabilities
More so than other children who are disabled, children with learning
disabilities face many barriers to full participation in society.
Traditionally they have suffered from poorly planned and coordinated
services in which there was little choice or control for
children and their families. Where there are no chronic conditions,
their health care needs have often not been adequately met. As far
as health and social care services are concerned they have often been
the most forgotten of the forgotten children.
The Mental Health Act (NI) 1948 gave the Northern Ireland Hospitals
Authority responsibility for all mental health services, including
services for 'persons requiring special care'. Services to the latter
were
administered by a sub group of the Hospitals Authority known as the
Special Care Authority. Muckamore House, now Muckamore Abbey
Hospital opened in 1949 for the care of 'mental defectives.' Caul and
Herron (1997) note that the redistribution of responsibilities meant
that services were largely hospital based: 'to parents this had the
virtue of simplicity and continuity since one organisation had
responsibility for mentally handicapped people from the cradle to the
grave. However, the system also had the unfortunate effect of
segregating mentally handicapped people from the rest of society,
both in regarding hospital as appropriate "residential care"
and in
having segregated education in "Special Care" schools.'
Many children who were unable to be cared for at home remained
institutionally based until the community care reforms of the late
6
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 139
1980s when a number of small group homes were established. During
this period there were initiatives, notably by Barnardos to transfer
children with learning disabilities from children's homes to foster care
placements and to provide supported housing and employment
training for such young people. It is an indictment on social care
services, however, that today some children continue to remain in
long stay hospital services as a consequence of the absence of
suitable community based resources.
Child care legislation, policy and the development of services
1947 - 1970
The Curtis Report (1946), a landmark in child care policy, identified
the need to keep children out of institutional care. Many of its
recommendations were enacted in the Children and Young Persons
Act (NI) 1950. Yet despite its original brief to look at the condition
of
all children not living in their own homes, the reviewing team drew
its boundaries to exclude those who had significant disabilities,'
(Shearer, 1980). The Report stated:
'The mentally or physically handicapped child presents
different problems, most of which are outside our frame of
reference.'
One of the consequences of the lack of focus by the Curtis Report on
disabled children was that they were excluded from the strong
recommendation that children in care should be accommodated
separately from adults. Indeed, it specifically recommended that
children with severe learning difficulties should be moved to properly
staffed "homes or colonies", where they could live alongside
adults
who were similarly disabled. Shearer (1980) has argued that the
Curtis Committee, 'whilst proposing dramatic changes in respect of
able-bodied children "proposed no more than a tinkering of existing
arrangements for handicapped children". The need for institutional
provision, particularly for those with learning difficulties, epilepsy
and severe behaviour problems, was not questioned. Nor were
recommendations made for the transformation of the residential
forms of living such children experienced' (Baldwin and Carlisle 1994).
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 140
The 1950 Children and Young Persons Act therefore had nothing
specific to offer disabled children.
The report by the Northern Ireland Child Welfare Council, ' The
Operation of Social Services in relation to Child Welfare ' (HMSO,
1960), considered children in the care of welfare authorities and
voluntary homes in 1957. This report served to endorse and
perpetuate the view that institutional accommodation was the only
option for the disabled child who could not be cared for at home and
that the emotional needs of such children somehow assumed
secondary importance in the light of the issues raised by the fact that
they were 'handicapped.'
" ... the welfare authorities quite rightly take the view that
residential care should not be regarded as the solution for
every child in care, and that no deprived child should be
placed in long-stay residential accommodation until other
methods of dealing with the case have been considered.
Adoption or a foster home is probably best for the
illegitimate baby, the toddler, the orphan and the child in
need of care by reasons completely outside himself. On the
other hand, the child who, because of some behavioural
maladjustment, or physical or mental handicap, finds
himself in the care of a welfare authority, would in many
cases be more suitable for group treatment."
Caul and Herron (1992) recount that welfare services for the disabled
from 1950 onwards were patchy. Apart from the history of
institutional care, it is almost impossible to tell what the state of
welfare services to disabled children living at home were at that time.
Some services, notably those for the deaf and blind were better
developed due to the good services of voluntary organisations. Most
welfare authorities had by the mid 1950s established home teachers
for the deaf and blind. Belfast Welfare Authority was the first
authority to appoint professionally qualified social workers in the
1970s who had undertaken additional specialist courses in working
with the deaf and blind. Other authorities established similar posts
shortly after this. These specialist workers catered for both adults and
children and served to draw attention to issues such as the difficulties
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 141
facing school leavers. There was also good rapport with voluntary
organisations, particularly those involved with people who were deaf
or had hearing difficulties. Other disabled children became the
responsibility of generalist welfare officers, although there was an
attempt to integrate other professionals, such as occupational
therapists into work with the disabled.
As noted above, children in institutions who had a disability were
unlikely to have been 'boarded-out'. Indeed, it was not until the
1970s that organisations such as Barnardo's led the way in
demonstrating that no child, including a child with severe learning
difficulties, needed to be excluded from the opportunity of
experiencing family life with foster carers.
For children who did manage to stay with their families, a lack of
suitable aids, adaptations, transport and education facilities could
add to a family's financial and emotional hardships and could involve
great sacrifice on the part of parents. Three women currently living in
a residential setting recently spoke of their experiences as severely
disabled children in the 1940s and 1950s. The names used are not the
real names of the people concerned:
• Deirdre recalled her experience as the only child of 'middle class'
parents in the 1940s. Her mother recognised her child's needs for
specialist treatment, which, at the time was only available at a
residential centre in England. Refusing to be separated from her
young daughter, she took the child to England where they stayed
for 3 and a half years. The child's father had to remain at home to
keep his job and provide financial support. To maintain herself
and the child, Deirdre's mother undertook unpaid work in
exchange for board and lodgings. When they returned to Belfast,
the child was able to attend an ordinary class in a private school
although she had limited oral speech and writing capabilities. The
private school eventually closed down and she then transferred to
the newly opened Fleming Fulton School. The child's experience of
a period of ordinary schooling was a rare occurrence for the time.
• born with cerebral palsy into a large family in the mid Ulster area,
Elaine, her mother and (when no-one could be found to look after
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 142
them) her young siblings made a journey by ambulance each week
to the Malcolm Sinclair clinic in Belfast where she stayed for
treatment for a few days at a time. One day when she was about
4 and a half years old, Elaine was taken by her mother to a
residential school and simply left there. She grew up a stranger to
her family as most vacations were spent in hospital. As a child,
Elaine thought she would eventually become a 'normal' adult, as
she had only ever seen children, not adults, who were disabled
like herself. In the short times she spent at home, there were no
outings arranged to take Elaine to the shops or other leisure
activities. The only occasion on which she was asked if she would
like to go to church was when there was a 'healing' service. Her
mother recalled many years later that when she 'abandoned' her
at the school she couldn't tell her little daughter what was
happening as she 'didn't know how to'. Elaine felt that the school
did not challenge her academically. She demonstrated her
potential when she left by taking 'O' and 'A' levels at a technical
college and gaining a place at university. Elaine was unable to
settle at home, where she felt very much an outsider and as a
young adult eventually made arrangements for her own care.
• Sarah was the youngest of a family of 9 children born to working
class parents in a remote rural setting; she suffered from cerebral
palsy and could not walk. She recalls that her parents were
friendly with the primary school teacher who was eventually
persuaded to allow her to sit in on a class. Sarah was about 8 years
old when she started school and her attendance involved a daily
one mile walk each way to the school by her mother who pushed
her, first in a tansad and then on a tricycle with a lever to 'steer'.
She remembers with amusement that the other children in the
small school were rostered in twos to take her to the toilet, which
was at the back of a nearby field. Treated with respect by all at
the school she still remains friends with some of her former class
mates.
The only contact Sarah had with a social worker was when she
became too old to remain in primary school and her mother was
anxious not to have to send her to a residential school in Belfast.
To the dismay of the child and her mother, the social worker took
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 143
them to see a school that was clearly for the 'mentally
handicapped'. It was through the insistence of her mother that
Sarah was eventually taken by taxi each day to a school for
physically disabled children in Bangor. Her recollections are of
sadness and disappointment at the lack of career opportunities for
her when she left school. A place was offered at a day centre
where there was no intellectual challenge and the activities were
mainly handicrafts.
Sarah was well into her teens before she got a wheelchair from
'the welfare'. She remembers it as being a large heavy wooden
contraption that was completely unsuitable for her small frame.
None of these women remembers any involvement from welfare
visitors or social workers during their childhood years. It was to be
some considerable time before there would be social work teams in
Northern Ireland specifically offering support to children with
disabilities and their families.
Disabled children were again conspicuous by their absence in the
next major children's legislation, the Children and Young Person's (NI)
Act 1968. This was perhaps indicative of the prevailing views referred
to above, that children with disabilities were purely a health, rather
than a social care concern.
By the mid 1960s, however, disabled school leavers could be found in
day centres which offered craft instruction, music, art therapy and
occupational skills. This period also saw the establishment by welfare
authorities of specially trained occupational therapists to work with
disabled people and Mobility Officers for the Blind. At least one
welfare authority set up monthly meetings which included a trade
union official, the personnel officer of a large bakery, the Blind
Persons' Resettlement Officer and the Disabled Person's Resettlement
Officer to address training and employment needs. Minibuses capable
of taking wheel chairs were purchased to transport disabled adults,
children and young people to day centres and leisure activities. PHAB
clubs (for Physically Handicapped and Able Bodied children) were
well developed by the end of the 1960s. Some hospitals, such as
Lissue children's hospital offered short periods of respite for
children.
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 144
Legislation and the development of services 1971 - 1994
The development of generic social work during this period meant
that families had only limited access to the specialist knowledge that
their situations required, although the 1971 Welfare Services Act led
to the establishment of registers of disabled persons in each welfare
authority. Arrangements existed in some authorities for referrals of
disabled children to be made directly to welfare headquarters by
educational psychologists. Senior managers then allocated the
referrals to each local district for children to be registered and
visited
by social workers. The expectations in at least one authority - County
Down Welfare Authority - were that adults and children on the
register would be visited every 6 months at a minimum and social
workers were required to return 6 monthly monitoring reports to
headquarters. They were expected to assess need and assist families
with issues as diverse as problems in the home situation, schooling,
referrals for aids and adaptations and employment placements. In the
1972 reorganisation of health and social services in Northern Ireland,
the County Down Welfare Authority alone transferred responsibility
for some 3,500 (excluding 'special care', but including ESN) persons
on its register. A generalist model of service delivery continued to
prevail in the statutory services. By the 1970s specialist social work
skills and expertise were mainly to be found in the large number of
voluntary organisations operating in special interest areas in the
disability field. In 1980, for example, the Spina Bifida Association
appointed the first full time social worker to work with families of
children with spina bifida and hydrocephalus throughout Northern
Ireland. At this stage the social worker was dealing with up to 5 new
referrals a month.
A major survey of disability in the United Kingdom was initiated in
1979 by Outset, a charitable body based in London. The postal survey,
which received substantial funding from the DHSS, involved
contacting every household in Northern Ireland to identify people
with a disability. Where persons were identified they were followed
up by interview and an outline of their views and needs was passed
to each responsible social services office. Social workers were to carry
out an assessment of all those who were referred by Outset with a
view to ensuring that they would receive appropriate services. As far
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 145
as can be ascertained, the Outset survey promised much, but in the
end delivered little. It did not appear to have influenced any
significant strategic development of services or generated a particular
focus on the needs of disabled people.
It was not until the mid 1980s that specialist Programmes of Care
were introduced by social services. In each HSS Board, however,
services which children with disabilities could potentially fall within
and between were the Family and Child Care Programme, the
Physical Disability and Sensory Impairment Programme and the
Learning Disability and Mental Health Programmes. Despite a degree
of confusion around the structures and the resulting difficulties of
ring fencing finance to target children with disabilities, there was
rapid expansion of services in the 1980s.
By the 1980s respite care had been developed but much of it was
hospital based. A number of children with profound disabilities
continued to be cared for alongside adults in hospital settings or
long-term institutions. Some new initiatives, however, during this
period included:
• the development of small family group residential homes for
children with learning disabilities;
• the development of respite schemes for children in children's
home and group home settings; and
• the establishment of the first non-hospital/non-clinic based
paediatric support scheme by Barnardos and South and East
Belfast Trust incorporating early diagnostic and 'one stop'
treatment and social care services, including respite provision and
play schemes.
These projects were developed and delivered in partnership with a
range of voluntary agencies.
The implementation of the People First reforms in the early 1990s led
to a further number of disabled adults and children who had
formerly been in hospital settings being moved out into community
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 146
based homes and hostels. Some children were placed with foster
carers, although the 1992 PPRU study of the Prevalence of Disability
among Children found that 273 disabled children were still living
permanently in communal establishments. This period, nevertheless,
saw services to promote the independence of young people making
the transition from childhood to adulthood developed in partnership
with voluntary organisations. These provided work and life skills
training in conjunction with housing associations and sheltered
housing schemes.
Perhaps the most significant impact on services for disabled children
during this period was the ratification by the United Kingdom
Government in 1991 of the 1989 United Nations' Convention on the
Rights of the Child. Several Articles of the Convention, by making
reference to all children, place children with disabilities firmly
within
the full implementation of the rights of the Convention. Article 23
details specific entitlements, which include the rights of disabled
children to special care, education and training to enable them to
lead a full and active life. It further provides that:
'a mentally or physically disabled child should enjoy a full
and decent life, in conditions which ensure dignity,
promote self-reliance and facilitate the child's active
participation in the community.' (Article
23, UN
Convention on the Rights of the Child).
Legislation and the development of services from 1995 to the
present:
The Children (NI) Order 1995 was the first child care legislation in
Northern Ireland to make specific reference to children with a
disability. It provided for the first time a legal framework for the
provision of services to disabled children as children in need. Under
Article 17 of the Order, a child is deemed to be in need if:
• he is unlikely to achieve or maintain or to have the opportunity to
achieve or maintain a reasonable standard of health or
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 147
development without the provision for him of services by an
authority (under Part IV of the Order);
• his health or development is likely to be significantly impaired or
further impaired without the provision for him of such services; or
• he is disabled.
Under Article 2 of the Children Order, a child is disabled if he is
'blind, deaf or dumb or suffering from a mental disorder of any kind
or substantially handicapped by illness, injury or congenital deformity
or such other disability as may be prescribed'.
The Regulations and Guidance to the Order require Trusts to take
reasonable steps to identify children in need in their area and to
assess the needs of such children. They are required to provide a
range and level of personal social services appropriate to those
children's needs.
The various provisions of the Children Order that are specific to
disabled children include:
• where a Trust is providing accommodation for a disabled child
whom it is looking after, the Trust must so far as is reasonably
practicable, ensure such accommodation is not unsuitable to his
particular needs;
• a requirement on each Trust to set up and maintain a register of
disabled children in its area;
• enabling a Trust to assess a child's needs under the Children Order
at the same time as assessments under other legislation (eg the
Education and Libraries (NI) Order 1986); and
• a requirement on Trusts to provide services for disabled children
which are designed to minimise the effects of the disability and
enable the children to have the opportunity to lead lives that are
as normal as possible.
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 148
The Children Order was implemented in 1996 amidst some concerns
about disabled children being stigmatised by being defined as
children in need. There was also dissatisfaction with the perceived
'inappropriateness and over bureaucracy' of the looked after review
system which includes children who avail of short term breaks. In
general, however, there was contentment on the part of most
parents that for the first time statutory welfare services had a legal
duty to assess needs and provide services to disabled children.
Some 6 years on from the implementation of the Order, significant
strides have been made, although not always at the pace that the
needs of children with disabilities would demand. To assess and
address needs adequately will require the establishment of proper
data bases in each Board and Trust. The development of effective
Registers of Disabled Children will be key to this process. A
multidisciplinary
project has been established to develop a model for a
Register of Children with a Disability. This is being taken forward on
a 4 Board Consortium basis, led by the Eastern Board and will lead to
a prototype register which can be manipulated to suit the needs of
each Board and Trust and will be capable of collating information on
a regional basis.
The final report of a research project on Children and Young People
with Disabilities which considered the impact of the Children Order
on services for disabled children (Monteith and Cousins 1999) found
that further developments had taken place in the planning,
organisation and provision of services by Boards and Trusts since the
implementation of the Order. These included:
• increased co-ordination of multi-disciplinary assessments of
disabled children;
• the separation in some Trusts of disabled children's services from
adult services and establishment of new teams for children with
disabilities;
• new partnerships with other agencies and the voluntary sector;
• additional staffing to support services for children with
disabilities;
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 149
• an increase in the number of disabled children in long term foster
placements;
• an increase in the numbers of children offered respite/short term
breaks;
• expanded summer and holiday schemes;
• projects for transition to adulthood;
• increase in mainstream nursery provision and pre-school places for
disabled children; and
• increased funding of domiciliary care.
Most of the above initiatives have been developed in partnership
with voluntary organisations.
In conclusion, the Children (NI) Order has done much to ensure that
children with disabilities are regarded as children first and has
provided a significant foundation for the development of services to
ensure that disabled children will enjoy the kind of life opportunities
that most other children take for granted.
The way ahead
The context of social care services for disabled children has changed
dramatically from what it was in 1947 and indeed from what it was
even just a decade ago. Changing perspectives in relation to
understanding and interpreting disability over the last 50 years have
influenced not only the way services are provided but also the wider
views of society. When, in the past, disabled children were perceived
to be 'sick' and therefore in need only of medical treatment, welfare
and other statutory services were to some extent absolved of
exercising their full responsibilities. In today's society there is
growing
recognition that individuals are not so much disabled themselves, but
rather live in a disabling society.
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 150
In an ever-changing social context, some of the more recent
challenges for social services are:
• the increasing demand for services to deal with developmental
disorders;
• rising numbers of referrals of children to health and social services
from education services;
• advances in technology enabling very frail children to live longer;
• the move from regional to locality services;
• the development of community children's nursing;
• accessibility of information by parents via the internet; and
• a general increase in the expectations of children and their
families.
(Hill, 2002)
To address challenges such as these, messages from inspection and
research in England show that a number of key factors are important
in determining whether disabled children and their families receive
effective services. They can be readily applied to Health and Social
Services in Northern Ireland and include the need for:
• the equivalent of a children's champion in each Board and Trust
who has clear management responsibility for services to children
with disabilities;
• specialist workers for disabled children and dedicated children's
teams. These are associated with better quality services and higher
levels of satisfaction among service users;
• management of care to each family which is based on the
identification and assessment of family needs and a planned
programme of support rather than on short term crisis
intervention;
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 151
• co-ordinated assessment arrangements wherever possible across
health, education and social services;
• multi-disciplinary training which leads to sharing of knowledge
and the development of understanding between agencies; and
• above all, good communication at every level.
The DoH in London has recently produced the Strategy 'Valuing
People : A new Strategy for Learning Disability for the 21st Century'
(DoH, 2001). This defines a future agenda for disabled children's
services in England. The Strategy includes key actions for education,
health and social care services that are equally relevant to the needs
of disabled children in Northern Ireland. Amongst the actions that
will require joint initiatives are:
• early diagnosis, intervention and treatment of children;
• cross Government programmes for young children, including Early
Years Developments and Sure Start Partnerships;
• co-ordinated care packages of family support;
• increased provision of a wider range of flexible support services
for families of disabled children, including short breaks; and
• more and better information for families, availability of key
workers and other measures to improve co-ordination.
These are key to the future development of services in Northern
Ireland.
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 152
CHILD PROTECTION
Origins of statutory intervention - Pre 1950
Traditionally life within the family, including the treatment of
children, was not considered to be a matter for state intervention,
but during the 19th century the increasing social awareness raised by
the Victorian philanthropists brought this philosophy into question.
As is common in many social developments the voluntary sector
played an important early role in raising awareness of cruelty to
children and creating services to respond to it. In 1884 the London
Society for the Prevention of Cruelty to Children was formed. Shortly
afterwards a branch was established in Dublin as well as in other
cities in England and Wales. Five years later it was renamed the
National Society for the Prevention of Cruelty to Children (NSPCC)
and in 1891 an office was opened in Belfast which covered the whole
of the north of Ireland until separate county branches were
established. The NSPCC continued to provide this service throughout
Ireland until the formation of the Irish Society for the Prevention of
Cruelty to Children in 1956.
Initially the approach to child abuse concentrated on the criminal
aspects of the offence rather than the protection of children. The first
legislation to specifically cover the subject were 2 Prevention of
Cruelty to Children Acts both passed in 1894. Ten years later they
were repealed by a similarly titled 1904 Act, which covered the whole
of the United Kingdom. Although it included provisions regulating
the employment of children for begging or being present in licensed
premises the main thrust of this Act was to provide specific penalties
for offences committed by people against a child under the age of 16
for whom they had 'custody, charge or care'. The penalties were
quite lenient, particularly by the standards of the time. They
consisted of fines of up to 100 pounds with imprisonment being
limited to 2 years. However, if it could be proved that the offender
could benefit financially from the death of a child, for example
through an insurance policy, the fine could be doubled or a term of
penal servitude of up to 5 years imposed. Financial benefit was
considered more culpable than harming a child.
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 153
Chapter
Once a person had been convicted of such an offence or was
committed for trial to a higher court, the court could order the child
involved to be committed to the "custody of a relation of the
child,
or some other fit person, including any society or body corporate
established for the reception of children or the prevention of cruelty
to children". It should be noted that the State was not expected to
play any part in the care of such children, although the Lord
Lieutenant of Ireland had the discretion to discharge the order and 'if
he thought fit' make rules in relation to the children so committed.
However, if a higher court subsequently found the person charged
not guilty of the offence against the child, the order then became
automatically void.
There was a growing concern nationally about the provision of state
support for destitute families and the care of children. Two Royal
Commissions sat in the first few years of the new century. Their work
culminated in a number of new pieces of legislation. Part II of the
1908 Act largely replicated the 1904 Act but with a number of
amendments which, with the hindsight of nearly another century's
child care legislation are interesting. For example, 'neglect' was
defined in some detail so that a person could be deemed to have
neglected a child if he failed "to provide adequate food, clothing,
medical aid or lodging for the child or young person" or failed to
procure such assistance under the Poor Law legislation. A person
could also be convicted under this legislation even if the child did not
actually suffer injury because someone else prevented it. In practice it
must have been virtually impossible to prove that a child would have
been injured if someone had not done something to prevent it.
The 1908 Act also made it illegal for a person who had care of a child
to cause him to beg, to reside in or frequent a brothel, or to become
involved in prostitution. This legislation allowed constables or other
persons authorised by a Justice of the Peace to take a child to a place
of safety if they had reason to believe that he or she was involved in
such practices.
Children could be detained in a place of safety until the criminal
proceedings had been heard, after which the court could make a
broadly similar order to those provided for in the 1904 Act. However,
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 154
the 1908 Act did not allow such a fit person order to be made unless
the child's parent had been convicted of the offence or the court was
satisfied that he/she was "party or privy" to it. The
provision for
children to be committed to the care of voluntary organisations was
also omitted from the 1908 Act.
Developments prior to 1950
In England the provisions in the Children and Young Persons Act 1933
had allowed for children who had been ill-treated to be committed
to the care of local education authorities as "fit persons".
Under the
Act's rules the local authorities had a duty to arrange the boardingout
(fostering) of these children as soon as possible. The placements
were usually supervised by school attendance officers although some
authorities delegated this responsibility to the Public Assistance
Department. Other children in "need of care" remained the
direct
responsibility of the Public Assistance Departments which
administered the Poor Law provisions in local authorities. However,
with the formation of the Northern Ireland state in 1921, the 1908
Act remained in force, with minor amendments made under the
Children (Amendment) Act (NI) 1931, until the implementation of the
Children and Young Persons Act (NI) 1950.
Between 1933 and 1950 there were further developments in other
parts of the United Kingdom. The evacuation of children from cities
to safer areas during World War II first brought to the attention of
the wider society, the poverty and deprivation in which many
children were living. Furthermore, a significant number of children
were known to be ill treated in the families to whom they were sent.
Given today's knowledge of child abuse, it is most likely that an even
greater number suffered such treatment. A lengthy correspondence
in The Times highlighted the growing public concern and this
concluded with the establishment of a Committee of Enquiry chaired
by Dame Myra Curtis in March 1945. The Curtis Committee did not
examine the abuse of children as such but concentrated on the
arrangements for children living away from home under the then
existing legislation. This involved reviewing the various Poor Law
provisions and court orders for the protection or control of children.
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 155
During the time that the Curtis Committee was sitting Sir Walter
Monckton, reported on the circumstances surrounding the death of
Denis O'Neill, who was in the care of Newport Borough Council's
Education Department but died as a result of both injuries and
neglect in a foster home in Shropshire. At the same time the
Women's Group on Public Welfare undertook an enquiry into 'The
Neglected Child and His Family' which highlighted the fact that
'children who though suffering from neglect, malnutrition and other
evils, are still in their own homes and under their parents' care... may
in indeed be said to be deprived of a "normal" home life...'.
The
publicity from these 2 enquiries, which did cover what would now be
termed 'child abuse', almost certainly contributed to the acceptance
of the Curtis recommendations, when they were published in 1946.
The Curtis Report of 1946 laid the foundations for today's child care
services throughout the United Kingdom. In England the Children Act
1948 led to the creation of Children's Departments in every city and
county borough with staff who were expected to take a personal
responsibility for children in care. It did not directly address child
abuse and protection issues which continued to be covered by the
earlier Children and Young Person's Act 1933. In Northern Ireland
these issues were dealt with under the Children and Young Person's
Act 1950.
Although the 1950 Act covered the criminal aspects of child abuse it
did so separately from the 'care' elements but a court hearing
criminal charges involving offences against a child could still direct
that the child be brought before it. The court could consider the
need to make an order for his care and protection as it was no longer
a precondition that the criminal charges had been proved. For the
first time a welfare authority, the police or an authorised person (in
effect the NSPCC) could bring a child before the juvenile court if they
had reasonable grounds for believing he was in need of care and
protection. Welfare authorities had a duty to bring such cases before
the court unless they were satisfied that such proceedings were not
in the child's best interests or were being brought by someone else. If
the court was satisfied that the case was proved the parents of a
child could be ordered to enter into a recognisance to exercise proper
care. Alternatively the child could be sent to a training school, placed
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 156
under the supervision of a probation officer or committed to the care
of a fit person. For the first time public bodies, the welfare
authorities, were included in the definitions of 'fit persons'.
The growing awareness of child abuse 1950 - 1974
The first specialised research in the field of child abuse was initiated
by C. Henry Kempe in Denver in 1958. He first introduced the term
'Battered Child Syndrome' in 1961. Nevertheless, during the 1950s
and 1960s there was little recognition of the true extent of ill
treatment of children in the United Kingdom. Although the 1950 Act
led to significant increases in children in care in Northern Ireland
(from 707 in 1950 to 1,341 in 1953, stabilising at around 1,700 in the
early 1970s), it does not appear that a high proportion of them were
in care because of ill-treatment. The statistics available today do not
indicate the proportion of these children who were in care as a result
of abuse. Figures for 1973, the first year for which comprehensive
data is available, show that 127 of the 976 children admitted to care
were the subjects of fit person orders. It could be a reasonable
assumption that any children considered to have been abused would
have been admitted to care under such orders.
Relatively few children were brought to court as a result of proven
abuse. During these two decades the emphasis in most social work
agencies, including the NSPCC, was on providing assistance to parents
to support them in caring for their children through the provision of
a range of services such as playgroups and/or cash or "kind".
The
Children and Young Person Act 1968 allowed welfare authorities to
assess the need to provide practical help as a means of preventing
children coming into care. This approach was in line with the
prevailing social attitude which stressed the sanctity of the biological
family and the less costly option of caring for a child in residential
or
foster care. This legislation which followed a similar Act in England in
1963 reinforced this philosophy and the provisions of that Act and so
the Northern Ireland 1968 Children and Young Persons Act made it
the duty of authorities "to make available such advice, guidance and
assistance as may promote the welfare of children by diminishing the
need to receive children into care or keep them in care...".
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 157
The welfare authorities in Northern Ireland implemented the new
legislation. There was a greater emphasis on increasing the number
of trained staff to deal with an increasing workload of family and
child care referrals. At the same time, in the early 1970s preparation
was beginning on the major organisational change from welfare
authorities to integrated HSS Boards in 1973. The focus of child care
still concentrated on family breakdown and when this occurred
recourse was mainly to voluntary admission to care. Where there was
a response to child protection referrals, this mainly focused on
physical abuse or neglect of a child. There was little sign or
understanding of sexual or even emotional abuse.
With hindsight social work practice at this time throughout the
United Kingdom appears somewhat naïve in its approach to such a
serious issue. However, a series of events were quickly to change the
understanding, the prevailing attitude and the response over the
succeeding years. These were in connection with public enquiries
mainly into the deaths of children, all of them in England. While the
first of these was a report in 1973 on the death of a child, Graham
Bagnall, aged 2, it was the second in 1974 which made the most
major impact. The report on the death of Maria Colwell in 1974
evoked a reaction by both Parliament and the public. These led to
changes in policy and practice together with the development of
directions and guidance on dealing with referrals and investigations
of child abuse cases.
Developments 1975 - 1990
Increasingly after 1974, there was a change from the largely
supportive philosophy of the 1950s and 1960s to one that has often
been described as 'social policing', with a strong emphasis on
adherence to procedural approaches for staff. Government
departments, including the DHSS in Northern Ireland, issued a
number of circulars to agencies giving guidance on the handling of
such cases. In April 1975, DHSS issued its first circular
[HSS(Gen.1)1/75]
on Non Accidental Injury to Children. By later standards it was brief,
consisting of only 6 pages, and merely made suggestions and
recommendations for courses of action. However, it did instruct
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 158
Boards to set up registers on child abuse cases and place
responsibility with their area executive teams to co-ordinate this
work. A number of the matters covered, such as stressing the
importance of good interdisciplinary communication, remain just as
relevant today. The 1975 guidance was amplified in 1978 under the
heading 'Child Abuse', stressing the need for vigilance in detecting
'emotional or mental abuse'. It also gave stronger advice on the use
of child abuse registers, stressing that they should only contain
details
of cases where it is considered children remain at risk. This was the
first sign of the subsequent move that would take place from child
abuse registers to child protection registers.
Even by 1980 the emphasis of child protection work was centred on a
restricted view of abuse of children. At this stage there was still
limited understanding of the effects of physical and, even more so,
emotional abuse on children. There appeared to be little awareness
of sexual abuse. The history of child abuse emerges as a series of
steps in beliefs and perceptions as to what adults will and can
perpetrate on vulnerable and powerless children. It is possible to
trace the incredulity of professionals and public alike to the growing
range of abuse and by the type of perpetrator. Whilst the public still
mainly wants to believe that abuse is caused by adult male
paedophiles, this accounts for only a small proportion. Perpetrators
are also fathers, brothers, uncles, friends, occasionally mothers and
other women and sometimes peers of the same age or a little older.
Northern Ireland has been largely free of the cases of severe physical
abuse leading to the deaths of children and subsequent inquiries that
occurred in England. However, it was, of course, the setting for a
major case of complex abuse by a number of residential workers in
the Kincora boy's hostel which had gone unchecked until being
uncovered in 1979. It became apparent that serious sexual abuse of
children had been allowed to occur in that hostel for adolescent
boys, and in a number of other residential facilities, for a number of
years. These events forcefully brought to light the vulnerability of
children in substitute care and resulted in procedures to try to recruit
and retain a higher calibre of staff. It was also crucial to prevent
unsuitable adults working with children and to ensure much closer
monitoring and inspection of residential homes.
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During the 1980s the media, public and to a significant degree the
professional child care staff and managers were shocked by a number
of inquiries into the abuse of children who had been in the public
care. It shattered, once and for all, the now naïve belief that all
child
care workers hold the same ethical values and vocation, in wanting
to work with children. These ranged from the Leicestershire Inquiry
(1982) into the paedophile career of Frank Beck, a highly respected
children's home manager to the 'Pindown' Inquiry, (1991) an abusive
regime exercised on children in care. This has tended to make the
challenging, but often rewarding career in caring for children less
attractive and it also undermines the morale of the vast majority of
residential child care staff and foster carers who feel betrayed by
those who have abused the trust placed in them.
As awareness and understanding grew there came a greater demand
and pressure to provide a higher level of expertise. For many this
meant the gradual improvement in specialist training programmes
and with more experience there came an increasing improvement in
expertise. One important development was the emergence of joint
training with the local police authorities. Successful intervention in
child abuse required a high level of co-operation between these two
organisations. Early attempts were hampered by different approaches
to dealing with the issue. Police were concerned about criminal
behaviour and potential prosecution; social services were concerned
with the needs of the child and the impact on the family. These
agencies came to recognise the importance of both sharing and
learning together. In Northern Ireland this was known as the Social
Services/RUC Joint Protocol Training. In carrying out investigations in
child abuse cases, a protocol giving clear and consistent guidance was
developed and this was backed by staff and officers who had
undertaken training together becoming practised and skilled in the
joint investigation of child abuse. Within a period of time only jointly
trained staff would undertake investigations.
There is a fine balance to be achieved in assessing whether and when
to react to alleged abuse. Unfortunately the converse of this is that
sometimes there are over zealous reactions to abuse, both real and
imaginary. In some cases they have stemmed from unjustified
assumptions of expertise, as in Cleveland, while in others, such as the
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supposed satanic abuse in the Orkneys, action appears to have been
based on beliefs and suspicions rather than evidence. No one with
any understanding of child care and child abuse would underestimate
the difficulty of gathering such evidence but assessment and
judgment need to be based on information from a number of sources
and through hard won experience and expertise. Precipitous action,
however well intentioned, which results in children being lifted from
their families in dawn raids, is rarely justified and in itself is
abusive.
Cases like Cleveland and the Orkneys cause heartbreak and emotional
damage to families and children and they marred the reputation of
so many committed child protection agencies in the United Kingdom
over the decade of the 1980s.
Throughout this period, Government guidance to HSS Boards on the
management of child protection cases became increasingly
comprehensive and prescriptive. The first edition of new guidance
'Co-operating to Protect Children', under the cover of circular
(HSS(CC)4/89) was issued in 1989. Unlike earlier circulars, which were
limited to about half a dozen pages, this publication ran to over 70.
For the first time standard definitions of the various forms of abuse
were issued, the roles of various professions and agencies were
clarified and detailed guidance was given on how individual cases
should be handled, including the necessity of calling case
conferences. There was also the beginning of multi-disciplinary
training which was aimed at helping all health and welfare agencies
to be more confident and competent at recognising signs and
symptoms of abuse and how best to respond and communicate with
each other to prevent serious harm occurring or continuing.
Continuing development 1990 - to date
One of the major recommendations of the 1989 guidance was the
creation of local Area Child Protection Committees (ACPCs). This
envisaged a bringing together of senior staff in social services,
police,
health, education and the voluntary child care agencies to plan and
oversee the development and co-ordination of child protection in
their area. Given the major criticism of a number of inquiries and
reports regarding poor communication and ineffective co-ordination,
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 161
the ACPCs were to ensure improvement in collaborative working,
training and expertise in child abuse cases.
Among the initial tasks for ACPCs in the early 1990s was the
production of agreed child protection procedures for use by staff in
all the agencies involved. They provide detailed guidance on the
recognition of abuse - physical, emotional and sexual, as well as the
steps involved in informing the appropriate agencies and in calling a
case conference. The procedures set out the expectations and
requirements of the case conference in making vital decisions about
the child's vulnerability and the need for a protection plan which is
signalled by the agencies agreeing to place the child's name on the
Child Protection Register. Developing a common ethos and approach,
however, has not been without its difficulties. Agencies and statutory
bodies come from very different backgrounds and ways of working. It
requires continual application to agree a common approach.
Given the importance of this area of work the Government promoted
the need for research as a way of developing and improving practice.
The DoH produced 'Messages from Research' in 1995. This report
examined a range of child protection arrangements and made
recommendations for further developments and improvements. Over
the 1990s a variety of research initiatives have been developed. Some
of those will influence short term changes while others will focus on
longitudinal studies.
At the same time a number of other initiatives had been taking
place. These have ranged from improving the decision making of the
case conferences to adding other types of services to increase the
breadth of support to families and children. Given the experience of
the 1970s and 1980s, professionals came to realise that effective
decision making in the case conference setting needed the
involvement of parents in considering the best options for the child's
future. The research found that only 15 per cent of case conferences
resulted in the name of the child being added to the register.
Therefore, many families were coming through a stressful process
and seldom receiving services at the end of it. Gradually a new policy
of parental participation has been developed and introduced. At the
time of introduction and perhaps even yet the presence of parents
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 162
can be uncomfortable to the professionals and vice versa. However,
parents are more recognised as the "experts" in relation to
their
children and can be enabled to meet their needs effectively. There
are some parents who are dangerous but if they are unlikely to be
able to offer a safe stable home then there may be a need to seek a
permanent alternative.
A further task for the new ACPCs was to reorganise the child
protection registers to meet the classifications of abuse under a
number of headings. More attention was now being paid to collating
information in a coherent and consistent manner. Child protection
statistics are important as they do provide a set of indicators which
can help in the development of good practice and higher standards.
The numbers on the NI Child Protection Register have not varied
greatly in the 1990s as Table 9 demonstrates and there has been little
movement between the 4 main categories of abuse.
Table 9 - Numbers on the Northern Ireland
Protection Register 1991-2001
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Year Number Rate per 100
1991 1502 3.3
1992 1446 3.1
1993 1345 2.9
1994 1476 3.1
1995 1523 3.2
1996 1551 3.3
1997 1400 3.0
1998 1386 3.0
1999 1463 3.2
2000 1483 3.2
2001 1414 3.1
Table 10 - Percentage of children on the Northern
Ireland Child
Protection Register by category of abuse
What these tables do not reveal is the wide variations that can occur
between Trusts and between Board areas. Some Trusts may record
significant numbers under one heading with relatively few under
another. The reverse can be the position in other Trusts. It is evident
that Trusts and Boards may take different approaches to the
interpretation of the abuse definitions and to the thresholds for
intervention. If there is to be a more consistent approach to these as
a way of achieving consistent standards of practice, statutory
agencies will need to collaborate on developing clear definitions,
common interpretations and an agreed approach to thresholds. This
should make the collation and dissemination of statistics more
meaningful and helpful. There is an important factor of equitable
treatment irrespective of where the family live. Over the past 10
years, since figures have been kept, it has been apparent that if the
family live in one Board area compared to another or even if within
one Trust area rather than another, there is a greater or lesser chance
of the children's names being added to the Child Protection Register.
One key statistic that has helped to identify a major concern in the
1990s has been the emergence of 'peer' abuse. It is estimated that
approximately 30 per cent of all abusers are in their teenage years. By
the mid 1990s there was a recognition that children who abuse are
also 'children in need' and they require help to reduce or remove the
risk of further abusing. A number of pilot schemes were implemented
in Northern Ireland and some of these have shown very positive
results in reducing the risk of re-offending. This type of work will
require a longer time frame to determine the most effective way of
reducing peer offending.
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Category 1998 1999 2000 2001
Sexual abuse 17.1 17.3 15.9 13.4
Physical abuse 20.6 20.9 19.8 24.0
Neglect 40.1 38.1 37.0 37.2
Emotional abuse 13.6 13.6 15.8 13.9
Work like this is not given much publicity. It does not come over well
to the general public. The 1990s experienced the growth of a major
public and community reaction to paedophilia in whatever form
although this was mainly directed to single men convicted of child
sex abuse and released from prison.
In the USA there has been strong support for "Megan's Law" as
a
means of dealing with sex offenders. Local communities have
demanded the right to know if an offender has been released into
their community. Where they suspect there is such a person, they
have taken well publicised steps to ensure the removal of the person.
This pattern has been repeated across the United Kingdom and there
have been a number of occurrences within Northern Ireland. The
difficulty with this approach is that it is not as 'black and white' as
it
appears. There have been instances where completely innocent
people have been attacked. For those ex-offenders who are
attempting to reintegrate into the community especially with family
support they are often driven underground and away from
supervision arrangements. The public have tended to focus on one
aspect of the child abuse issue in our society - the single male
paedophile. Child abuse, particularly sexual abuse, is a much greater
social and community issue and needs a more considered and
national approach.
Having said that, Northern Ireland had a number of incidents
involving paedophiles. The "Kincora scandal" highlighted the
determination of these people to gain access to vulnerable children.
Kincora may have been the first to come to the public attention but
it was quickly followed by a number of other incidents and
convictions involving staff employed in children's homes. The Kincora
Inquiry led to a tightening and improvement of recruitment
procedures including police checks on all staff who work with
children. These efforts mainly concentrated on children's homes and
the statutory sector, however it soon became apparent that
paedophiles will pursue any opportunity where children and young
people come together. It became imperative to provide people
working voluntarily with children with guidance on how to protect
them, and also themselves.
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The report 'An Abuse of Trust' issued in December 1993 highlighted
abuse by a convicted child abuser Martin Huston. He was convicted in
1992 of a series of offences against children. Huston used
membership of a number of voluntary and statutory organisations to
gain access to children. The report identified a number of issues
especially in the selection and recruitment of volunteer staff. It
recommended the need for a comprehensive good practice guide for
voluntary organisations working with children; also, that all
organisations should develop child protection policies and procedures
and ensure that staff and volunteers are trained in their use. The
Report recommended that the police check system should be
extended to include all these bodies. The findings of 'An Abuse of
Trust' were accepted by the Government and implemented over a
period of time. It has also prompted a wide range of children's
organisations and churches to develop guidelines which are
compatible with "Our Duty to Care" and to benefit from
training to
implement these child protection guidelines. Education, Youth Service
and Sports Council authorities have adopted sets of guidance and
encouraged the community and sports groups affiliated to them to
do likewise. Being a volunteer with children has now to be
considered more carefully and happily there are still many who are
not daunted in their willingness to undergo more rigorous selection
and training.
Perhaps one of the most difficult situations of abuse to contemplate
is the emergence of the extent of abuse within the long established
and respected church institutions. Adults, abused as children, began
to speak out and there was an upsurge of public anger and revulsion.
All the major churches have taken important steps to ensure
procedures and arrangements are in place to protect children within
a church setting or a church-related activity. Perhaps the most major
concern about these revelations was why these young adults did not
feel able to speak out as children when the abuse was taking place.
One of the major challenges for the prevention of child abuse is the
development of a curriculum for primary and secondary school
children. The emphasis of these programmes is to give each child an
understanding of their right to protect their body; the capacity to say
'no'; and the confidence to tell someone.
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 166
Alongside these educational programmes there has been a
movement to promote better understanding and support within the
local community. Many local community groups and organisations
have been undertaking child protection training partly as a means of
protecting children but also as part of a community development
strategy. One of the major elements in the training is to encourage
people to listen to what children tell them and not to be dismissive
of their statements however unbelievable. With a better
understanding of child abuse local communities are taking proactive
steps to ensure safer environments and also promoting a more
objective approach to any abuse within their area. The way in which
the community, youth groups and the churches have responded to
the need for procedures and to implement them has been a major
advance. But those who misuse this trust will always try new ways to
circumvent the controls. The catch phrase "Child Protection is
Everyone's Business" which has been championed by the Area Child
Protection Committees means that vigilance must remain constant
and training and updating must be a continuous process. The
phenomena of paramilitary punishments of children, "sexual
tourism", internet seduction and teenage prostitution are just new
forms of abuse.
The combination of the new legislation together with the 'Messages
from Research' report enabled the Department to undertake a
comprehensive review of the child protection procedures. As a result,
the current Departmental guidance 'Co-operating to Safeguard
Children' has been revised and will be issued early in 2003.
The main achievements in child protection since 1950
1. Perhaps the most significant and important achievement during
the past 50 years has been the recognition of abuse within our
society. Until the 1970s its prevalence was not acknowledged. As
awareness grew it has quickly emerged that abuse ranges from
the physical including neglect to the emotional and sexual.
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 167
2. By the late 1980s the need for detailed guidance and procedures
was demonstrated and developed. Government departments now
have systems to regularly review and update the guidance.
3. Within generic social services departments a specialist child
protection service has developed over the past 30 years involving a
range of professional child care staff. This is a universal provision
covering every local authority/Board area in the United Kingdom.
4. The development of Area Child Protection Committees was a
major step in developing greater co-operation and partnership
between a range of statutory bodies and voluntary agencies
concerned with child protection.
5. There has been an increasing emphasis on preventive approaches.
These range from educational programmes for primary school
children and community education for adults to developing and
using family support services as part of a child protection strategy
and plan.
6. Major investment has been made in the training of professionals
to work in the area of child abuse. There is now a specialist
approach and comprehensive training programme for staff
working in child protection services.
The way ahead
The introduction of the Children (NI) Order 1995 should have a major
impact on the care of children and the support of families over the
next decade and beyond. The legislation strengthens the duties of
child care authorities by imposing a duty to investigate whether to
take action to safeguard children rather than solely as previously, to
bring children before the court if they appear to be in need of care,
protection or control. The Children Order is based on the principles of
parental responsibility rather than parental rights and emphasises the
need to work in partnership with parents. This reinforces what has
been considered as good practice in Northern Ireland for some years.
The new legislation recognises that the child welfare system is not
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 168
the responsibility of one agency and it now requires the involvement
of other public bodies. The ACPCs and the Children's Services
Planning process are designed and dedicated to assist families and
communities function in a more supportive and safe fashion.
The combination of the new legislation together with the 'Messages
from Research' report enabled the Department to undertake a
comprehensive review of the child protection procedures. New
guidance which was drafted in 2001 'Safeguarding to Protect
Children' incorporates a number of changes and developments
gained from the experience over the period of the 1990s.
One of the key issues which has emerged for child care professionals
has been the need to find a balance between child protection and
family support. In many cases protecting the child or preventing the
potential to abuse can be reduced or removed by a range of support
services as part of the child protection plan. This has generated a
debate as to the longstanding operational arrangements of separate
family support and child protection services. There are strong
arguments in favour of a better integration of these. The present
system has not always proved effective in delivering support and
protection for the child. This should lead to further 'piloting' of new
arrangements and approaches. The empowerment of parents and
partnership approach does not mean losing sight of identifying and
assessing what is dangerous and when urgent protective action has
to be taken. Nevertheless, there is a duty to explore and use methods
of intervention that build on the strengths of not just the immediate
family, or even the extended family but also others in the community.
A relatively new approach called 'family group conferencing' can
release these skills and resources more effectively than a case
conference. Some jurisdictions have determined that this alternative
must be utilised or specific reasons provided as to why it is not
applicable.
Victims of abuse have often felt neglected by the attention paid to
perpetrators. A range of services has been gradually developed from
the late 1980s onwards. These have been principally provided by
voluntary organisations. There has been a major concern that not
enough is being done for victims and that there is more emphasis
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 169
placed on treatment etc. for abusers. The trend over the past few
years of so many adults revealing abuse as children has given an
indication of the extent and depth of this issue. Treatment and
support has not always been readily available and experience has
shown that there needs to be a range of services available to meet a
variety of needs and of different age and gender groups.
The experiences of the reaction by the public in the 1990s indicates
the importance of a major emphasis on promoting better
understanding and the need to respond in a constructive way. One of
the benefits of the last decade was the extent of awareness and the
acknowledgement by the public that child abuse is an important
social issue in our society. While emotions can still run strong, there
has been a significant movement towards a better informed
community. Successful child protection strategies in the future will
depend upon communities in which schools promote programmes for
children; local groups, churches and organisations facilitate child
protection training and policies; and agencies recognise and work
much more closely with communities.
This approach should help alleviate some of the stress and pressures
experienced by front-line staff and their managers. Child protection
work is difficult, complex and stressful. Professionals are being asked
to make decisions which will effect the lives of children and their
families. It is a relatively new area of expertise. Using research to
influence the development of skills and expertise as well as
procedures has emerged in the mid 1990s. The concept of evidence
based practice will take time to become an integral part of the
professional's approach. This should be greater assisted by the
increasing emphasis on post qualifying specialist child care training.
Increasingly employers are looking for staff who not only have basic
professional qualifications but also a recognised specialist
qualification. The work is recognised as needing that level of skill and
expertise if we are to achieve real outcomes in enhancing the quality
of life for children and better futures for them and their families.
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 170
SOCIAL WORK EDUCATION & TRAINING
Introduction
Social work education and training has developed alongside the
development of the social work profession and social services delivery
structures over the last 50 years. Before world War II, welfare
provision was fragmented and largely associated with alleviating
poverty and deprivation. These ranged across the Poor Law statutory
provision, a voluntary sector provision often associated with the
church, the hospital almoner service, the early probation service and
some limited welfare provision by employers. In their book, 'A Service
for People', Caul and Herron describe the emergence of the need for
social work education and practice standards in the 1940s in Northern
Ireland:
"There had been no specific organisational context within
which social work had its base, although there were
similarities of aims between different bodies. Thus the
Belfast Council of Social Welfare, the almoner's service and
the embryonic probation service shared a common purpose
in terms of trying to improve standards of practice and
achieve better and more extensive training, while they
retained different traditions and objectives."
The belief in universal provision of social services as a right as
opposed to a form of charity had led to the introduction of the
Welfare State and the development of public sector provision.
Alongside this, there began to be recognition of the need for the
emerging social work profession. In Northern Ireland, the 1946
Government White Paper, 'The Protection and Welfare of the Young
and the Treatment of the Young Offender' confirmed the need for
properly trained staff to carry out the functions allocated to the new
welfare authorities.
The complexity of the social work role was also gaining recognition,
as can be seen in the following view expressed by Mrs Irene Calvert
MP for Queens University who took part in the debate on the second
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 171
Chapter
reading of the Welfare Services Bill in 1949 in the Northern Ireland
House of Commons:
"I think most people still imagine that the welfare officer is
a very well meaning busybody who goes around delivering
hot soup to the deserving poor. Welfare work consists in
providing the link between the family, the education
service, the health service and the employment service
therefore it is necessary to know a great deal about
legislation, about all the voluntary social services agencies
that are working in a particular field."
World War II heightened awareness of people's emotional and
psychological needs as well as material needs and this helped shape a
common view that it is important to support people at times of
distress. The value of social work in terms of its skill in human
relations was also starting to be recognised and this would have an
impact on the content of social work training. In 1950 Titmuss
described the reasons for the growing awareness of the value of
social work during this period as follows:
"They knew about people and about distress. They could
help to bring the whole array of statutory and voluntary
agencies to bear on the several needs of a particular
individual at a particular urgent point in time and they
were qualified to report in practical terms on the way in
which one service reacted on another and on the people
needing help".
Social casework was thus recognised as an important development in
the relationship between the individual or family unit and the new
public sector.
Social work education and training in Northern Ireland in the 1940s
and 1950s
In the 1940s and 1950s there was one social work education and
training course in Northern Ireland - the two year Diploma in Social
Studies at Queens University in Belfast (QUB) which was accepted as a
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 172
basic qualification in social work. This 'generic' approach to training
reflected the welfare structures in Northern Ireland where the full
range of local authority social service provision came under the
umbrella of generic welfare committees.
The teaching content of the course included statistics, economics,
philosophy and law. Legislation studied included the Welfare Services
Act 1947 and later the Children's Act 1950, the Factory Act and the
Education Act. Social health, psychology, welfare benefits and the
care systems were also included together with weekly observation
visits and practice placements.
Observation visits and placements covered homes for older people,
children's homes, general and psychiatric hospitals and also voluntary
sector agencies such as the Belfast Charitable Institute.
There was one main 10 week placement. This could be broken into 2
week periods and gave brief experience of such varied settings as the
Council of Social Welfare in Bryson House, factory personnel
departments, local authority welfare departments and hospitals,
again demonstrating the intention that people with this qualification
were expected to be able to work with a broad range of client
groups including children and in a variety of settings.
Following training the only option for further study was to leave
Northern Ireland.
Poor housing conditions and gross overcrowding in 1950s Belfast with
up to 20 people living in a "two up two down" terraced house
meant
much of the work of welfare officers focused on giving assistance in
cases of eviction of families, children being maltreated, housing
problems, overcrowding, and people who were in debt to
moneylenders. Adoption and fostering (known then as
"boardingout")
were also covered by the local authority associated with the
drive to move children out of residential homes and into family
environments. Compared to today, adoption assessments were less
thorough, focusing more on practical and material arrangements
such as the number of people in the home, employment, and
finances. In the "workhouse wards" at the Belfast City
Hospital both
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 173
old and young people would be assessed there for 4 days prior to
placement in residential settings.
The growth of the social work profession and expansion of training
The explosion of post war legislation and the development of
structures for the more comprehensive delivery of social services led
to a need for increasing numbers of staff. Following the enactment
of the Children and Young Persons Act in 1950 and employment of
County and County Borough Welfare Officers, the initial group of
staff who had worked in poor law institutions and outdoor relief
were joined by a number of new employees including some who
were newly discharged from the Forces and were looking for useful
work to do. The initial task was the dismantling of the Poor Law and
the workhouse system, which had remained largely unchanged for
over a century. This involved development of new institutions, old
people's homes, children's homes and hostels and at this initial stage
there was less emphasis on staff development. By the late 1950s the
demand for more trained social work staff was reaching a crisis point.
The Younghusband Committee was set up to examine this need and
to make recommendations on a way forward. The Younghusband
Committee reported in 1959.
The Committee approached social work intervention from a needs
basis and concluded that 3 types of intervention were required:
• complex problems needed the intervention of a trained and
experienced social worker;
• more straightforward problems needed the intervention of
someone who had a basic training in social work; and
• routine problems could be dealt with by welfare assistants who
would be untrained but mature members of staff working under
the supervision of a trained social worker.
The Younghusband Committee recognised the need for a crash
programme of training to meet the need for more trained staff and
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 174
proposed a two year generic social work course leading to a
Certificate of Social Work to be taken at colleges of further
education. In Northern Ireland this led to the setting up of a new
course at the Rupert Stanley College of Further Education in 1964.
This meant that there were now 3 types of training available:
• a 2 year Diploma in Social Studies, taken at university and
accepted as a basic qualification in social work;
• the new Certificate in Social Work available through further
education colleges; and
• a postgraduate specialist training qualification taken at university
in psychiatric social work, medical social work, child care, family
casework or probation.
No specialist programmes were provided in Northern Ireland where,
unlike Britain, welfare departments continued to offer the full range
of social services including children's work and, therefore, needed
general rather than specialist workers. From 1964, however, a post
graduate generic professional qualification was provided by Queen's
University, Belfast. The Certificate in Social Work based in further
education, soon became recognised as equivalent to a professional
qualification, although initially it had been intended as a temporary
expedient to increase the numbers of qualified staff.
The development of a common generic social work training
qualification across the United Kingdom
The Younghusband Committee had paved the way for the
development of generic social work training in Britain. In 1968 the
Seebohm Report, The Report of the Committee on Local Authority
and Allied Personal Social Services 1968, recommended radical
alteration to the specialisation there had been in Britain and the
development of generic social work training matching the approach
already taken in Northern Ireland. The Central Council for Education
and Training in Social Work (CCETSW) was established in 1971 to
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 175
regulate the first common , unified, generic social work training
qualification namely the Certificate of Qualification in Social Work
(CQSW). CCETSW replaced a plethora of other awarding bodies.
Prior to this point, the post war development of education and
training had led to the setting up of a number of national councils
for training in various types of social work. Under the Local Authority
Social Services Act 1970, CCETSW assumed the functions of a total of
6 bodies that were involved in the regulation of different aspects of
social work training. These were:
• The Council for Training in Social Work;
• The Council for Teachers of Mentally Handicapped;
• Central Training Council in Child Care;
• The Training Committee of the Advisory Council for Probation and
Aftercare;
• The Institute of Medical Social Workers; and
• The Association of Psychiatric Social Workers.
Not all social workers in Northern Ireland during this period
undertook their training in the local generic training courses. Many
of the staff employed in Northern Ireland's welfare departments,
hospitals and some voluntary sector organisations qualified in Great
Britain during the 1960s on specialised courses and some Northern
Ireland social workers, therefore, would have had a qualification
related specifically to child care.
As well as regulation of training, CCETSW took on responsibility for
promotion and development of training. It also became an awarding
body awarding for a time, all the qualifications of its predecessors
and maintaining on its register the names of all who had qualified
during the time of its predecessors. One of these bodies was the
Central Training Council in Child Care which awarded the Certificate
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 176
in Residential Care for Children and Young Persons (CRCCYP). Many
who achieved this award staffed Northern Ireland's children's homes
at this time.
The 1970s saw the rationalisation of all previous social work and child
care training and the introduction of a single award, the CQSW for
social workers regardless of where they worked or the client group
they served. Once CCETSW was established, it was faced with the
difficulty of bringing over 120 different courses up to the common
minimum standard set by the new CQSW. Later in the mid 1970s it
introduced the Certificate in Social Services (CSS) which was targeted
on in-service day release training for social services personnel. This
provided from 1979 in Northern Ireland, the opportunity for staff in
residential child care to obtain their social work qualification through
secondment from employment.
CCETSW had approved courses of post qualifying study from 1975. In
Northern Ireland this led to the development of 2 courses at Queen's
University, one of which was for child care and the other
management development. Following a major review of social work
training in the late 1980s, a post qualifying framework based on a
system of Credit Accumulation and Transfer was approved in 1990.
Awards based on this framework now include the Post Qualifying
Award in Social Work and the Advanced Award in Social Work. In
1996 a mental health award was introduced. The child care course
offered at QUB was adapted to fit the new framework and
subsequently revised again to allow the introduction in 2000 of a
new award in child care which, for the first time, constituted a full
post qualifying award within the new framework from CCETSW.
Table 11 shows a comparison between Northern Ireland and the
United Kingdom.
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 177
Table 11 - Comparison of Northern Ireland
workforce in post
qualifying education and training as compared to UK total,
1999 Figures
While the workforce in Northern Ireland represents less than 4 per
cent of the total eligible workforce across the 4 countries within the
United Kingdom, the relative proportions of those in each category of
post qualifying training is substantially higher than 4 per cent,
demonstrating a commitment from staff and managers to post
qualifying development.
In 1989 CCETSW was accredited by the National Council for Vocational
Qualifications to be an awarding body for National Vocational
Qualification (NVQ) in the care sector offering 46 vocational awards
with a qualification at NVQ Level 3 meeting the minimum entry
requirement for Diploma in Social Work programmes. NVQs in Care
have been the most popular awards with child care NVQs initially
having an emphasis on early years and education settings. More
recently other awards have been developed including for the first
time awards for foster carers to recognise their particular skills.
Ongoing review of social work training in the 1990s
Following the recommendation of the Parsloe Report in 1984 the
CQSW and CSS routes to training were eventually merged into one
common qualification, the Diploma in Social Work. This came after
the rejection, by the then Government, of proposals in the mid and
late 1980s to extend basic social work training from 2 years to 3 years.
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 178
Post Qualifying Advanced Award
Workforce Registration Awards Registration Award
NI 1,500 825 95 165 10
UK total 40,000 4,155 445 1,783 162
NI as % of 3.75% 19.8% 21.3% 9.2% 6.7%
UK total
CCETSW's report "Care for Tomorrow" produced in 1987
recommended fundamental training reform including a new 3-year
social work qualification. These proposals, initially rejected by the
Government, were subsequently revised by CCETSW to include a
generic Diploma in Social Work of 2 years duration, supported by a
framework of national vocational awards and post qualifying
education opportunities with new awards. The revisions were
accepted by Government and implemented by CCETSW from 1989.
The new arrangements included a central role for employers in
delivering education and training in partnership with education
institutions.
In Northern Ireland in the mid 1980s social work training was in some
difficulty with declining numbers coming through either college
routes or the employment based programme. Employers and
educators in Northern Ireland came together, supported by both
CCETSW and DHSS to shape a radical new set of social work training
arrangements based on CCETSW's new proposals and which could
also cater for increased numbers as specified in the first PSS Training
Strategy launched in 1991. The Strategy also confirmed the previous
targets for improving the qualification base of the child care
workforce along the line envisaged in the recommendations of the
Hughes Report.
Delivery of social work training in Northern Ireland since the early
1990s has therefore been through 3 Diploma in Social Work
Partnerships:
• an employment based route delivered in partnership with Further
and Higher Education institutions across Northern Ireland;
• a college based route centred around Queens University Belfast
offering a post-graduate option; and
• a college based route centred around the University of Ulster
offering three options - non-graduate, under-graduate and postgraduate.
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 179
Between them, these 3 partnerships cover all parts of Northern
Ireland with an intake of more than 200 new social work students per
annum (1999 figures).
In 1997 the 5 yearly review of CCETSW was announced. This time it
was to take account of a number of significant developments
including:
• the implications of the Government's National Training
Organisation Initiative for the Personal Social Services sector;
• the recommendations of the National Committee of Enquiry into
Higher Education (the Dearing Report); and
• the planned intention to establish a General Social Services Council
to regulate the personal social services workforce.
With the evolving devolution of Government much of this review
process took place at local level in the 4 countries. However the
content of the Diploma in Social Work was reviewed on a United
Kingdom-wide basis and there were 6 major issues identified for
social work training as follows:
• the curriculum for the present DipSW is too packed. Those
consulted considered that students have to cover too much
material over too short a time span;
• placement learning is too short and does not provide sufficient
time for development of the breadth and scope of experience
required to produce mature and reflective practitioners;
• many newly qualified social workers are ill equipped to cope with
the demanding and complex environment that they face
immediately on qualifying;
• an academic degree is no longer considered to be an elite
qualification with 46 per cent of school leavers in Northern Ireland
now going on to higher education;
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 180
• high expectations are placed on qualified social workers by
employers, the public and from service users. Furthermore,
employers' expectations of newly qualified social workers are
often unrealistically high; and
• there is a need to restore confidence in the social work profession
as this has been eroded over recent years.
The review recognised the widely held view that social workers do
not simply need to be given a set of competences but also need the
critical thinking, analytical and inter-personal attributes which are
normally associated with "professionalism" in order to:
• make complex multi-factor assessments;
• make critical decisions (eg in mental health and child protection);
and
• be able to work alongside other professionals and in multidisciplinary
teams working on behalf of clients from a position of
equal confidence and esteem.
Many of the criticisms of social work training arose out of inquiries
into child care practice.
The review proposed a vision for the future of social work training
that would include:
• a higher threshold level required for qualification;
• a broad entry base;
• flexible delivery;
• more consistent quality across training programmes; and
• a longer programme at degree level with more input of research,
theory and practice and consolidation of practice skills before
qualification.
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 181
This review provided a strong basis for the development of the new
model for social work training in Northern Ireland concurring as it
did with the views of those who took part in the Northern Ireland
wide consultation. The specific proposals for the future of social work
training in Northern Ireland were outlined in a DHSSPS consultation
paper "Reforming Professional Social Work Training" and
include
raising the academic level to graduate status and for the first time,
an assessed year in employment for all social work graduates before
becoming full fledged social workers.
Training for the whole workforce
The first revision of the PSS Training Strategy in 1995-96 added the
major challenge of developing training and education for the whole
of the personal social services workforce. The social care workforce is
one of the fastest growing employment sectors in Northern Ireland
currently numbering around 30,000 people. Overall, it is estimated
that close to 80 per cent of this workforce remains unqualified and
that standards of care vary widely. Although NVQs had become
available in the early 1990s, uptake was slow.
Within child care there have been a number of significant
developments over recent years. The need for competent trained
staff has been highlighted continually through the development of
child care services in Northern Ireland over the last 50 years.
Initially
efforts to produce a skilled, training workforce were focused on
fieldwork staff. The Hughes Report that followed Kincora highlighted
the need for staff training in the residential sector. The Hughes 6
recommendation focused on the need for parity of pay and
conditions for residential staff linked to qualifications and funding.
This led to important developments in the residential child care sector
with provision of funding that aimed to ensure that the residential
workforce would be fully qualified.
More recently there has been major Government and European
investment in the early years sector in Northern Ireland. The Northern
Ireland Child Care Strategy produced in 1999 and implemented by
the Training and Employment Agency highlighted the wide range of
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 182
people that are involved across a number of sectors in the provision
of child care in Northern Ireland. Qualifications and staff training
were recognised as crucial to sustaining good quality child care
provision.
Closely allied to the need for training is the need for regulation of
the social care workforce. Recent legislation has been enacted to
establish the Northern Ireland Social Care Council (NISCC) from
1 October 2001. The Council will register and regulate the workforce
and draw up codes of practice, both for social care workers and their
employers. The Council will have an important role in ensuring the
continued development of the workforce and that staff are properly
trained and qualified for their jobs. Individual workers will have a
responsibility to make sure that their knowledge and skills are fully
up-to-date and based on current evidence of standards of best
practice. There will be a periodic requirement for re-registration
linked to evidence of continuing professional development. It is
highly likely that social workers in child care in any setting will be
among the priority groups of staff identified for early registration.
As part of the new arrangements, CCETSW ceased to exist on
30 September 2001. The responsibility for developing, promoting
and regulating education and training at all levels and awarding
qualifications in social work previously the responsibility of CCETSW
will now become the responsibility of the new Council. The
promotional and development functions of the recently created
Training Organisation for Personal Social Services for Northern Ireland
(TOPSS NI) which has been located within CCETSW will now be
undertaken by NISCC.
The current training strategy for the personal social services 2000-
2003, produced by TOPSS(NI) on behalf of DHSSPS, aims to tackle the
need for more widespread training within the social care workforce
by providing an education and training framework that will equip
increasing numbers of staff with the knowledge and skills to deliver
higher quality and more consistent social work and social care
services. A major review of post qualifying training will follow
implementation of the improvements proposed for the initial
professional social work qualifications. In child care, as in other key
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 183
areas of social work, the momentum will be towards improving the
levels of expertise in the workforce through more multi as well as
unidisciplinary education opportunities with the latter providing a
wide range of specialist training in practice, management and
research through to doctorate levels. The dramatic growth in child
care needs and services in the last 50 years demands no less if social
workers are to be equipped for the future and children are to receive
the care and protection they need. Better training and the new
arrangements for regulating the workforce pave the way for a future
where there will be an increasing emphasis on lifelong training and
development of the whole workforce in a way that will ensure that
knowledge and skills are continually up-dated to take account of
changing practice.
The main achievements in education and training since 1950
1. There is now widespread recognition that the complexity of the
social work task requires highly skilled, competent staff.
2. The infrastructure has been developed to provide this training and
to plan for the future training needs of the profession.
3. Since the 1970s efforts have been made to ensure that all social
workers working in fieldwork and residential child care hold a
recognised social work qualification.
4. While the first aim has been successful, the latter needs further
work to bring it fully into place.
5. There has been major investment to ensure the availability and
uptake of both qualifying and post qualifying training with added
specialisation possible in child care including opportunities to
develop expertise in particular methods of intervention.
6. There has been recognition of the need for a broad entry base to
social work education and training.
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 184
7. Since the 1990s there has been recognition of the need for
investment in training for the whole social care workforce with a
particular emphasis on residential child care staff and foster carers.
8. Arrangements for regulation of the social care workforce and
development of staff through lifelong learning have been put in
place to ensure that, in future, staff are not only trained and
qualified but are also kept up-to-date with new skills and
developments in practice. Those who do not meet the standards
will no longer be able to continue to practise. Education and
training will have a key role in raising the standard of both the
care and protection of children in our society.
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 185
INTO A NEW CENTURY
The preceding chapters give a very detailed account of the changes
and developments in a number of key areas of our child welfare
system. The period from 1950 has been unprecedented in the pace
and movement of change. Attitudes towards children have changed
markedly during the course of the century but particularly over the
past 50 years. Children's services were originally influenced, if not
dominated, by the Poor Law approach to poverty and destitution. In
the last century we have seen a major shift in the value and
expectations the public have placed on the need to care for and
protect vulnerable children.
This is probably the most crucial element in the commitment of any
society to develop its child welfare system. Our society has been in
continual change over the century and this has brought with it the
possibility of helping those who have gained least from the social
and economic advancements made. The period around World War II
appears to have been particularly significant as public attitudes were
in a state of change towards those most vulnerable or less able. With
regard to child care, the Report of the Care of Children Committee
1946 (the Curtis Report) was accepted by the Government and
subsequently new children's legislation for England and Wales. This
set in sequence a series of legislative provision to improve and
develop the child care service during the following 50 years.
Child care services do not always have the opportunity to grow in a
planned consistent manner. The system may be heavily influenced by
strong public reaction often to a single event and the consequent
political response. Sometimes this can mean reversing previous policy
and placing greater emphasis on one aspect of child care to the
possible detriment of others. However, what has emerged over the
past 50 years is a child care system that is legally complex, but
comprehensive in nature and highly professional in approach. It is
made up of a number of component parts - adoption, residential care
etc each with very specific and detailed requirements and as a
consequence the administrative and service arrangements need to be
structured and well organised.
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 187
Chapter
Because our society is in the process of continual change, public
expectations about many aspects of our daily life have been rising in
recent years. We are now regarded as a consumer-led society with
the emphasis on meeting the needs and requirements of individuals.
As a consequence greater expectations are held in respect of better
quality and greater choice. These same expectations are being
applied to public services. There is now a trend by Government to set
national standards for care and an increasing drive to ensure that
they are met. The corresponding implications will therefore be
considerable for the range of social care agencies statutory, voluntary
and private.
However, it should be acknowledged that successive Governments
and the public at large have placed a general vote of confidence in
the development of the child welfare system. It has grown from a
small professionally untrained service with few facilities, into large
dynamic organisations involving a range of statutory and voluntary
agencies. The main statutory responsibility rests with the local social
services departments and they have developed various investigative,
protection and support services some in partnership with nonstatutory
organisations. Child care work is mainly undertaken by
professionally trained and qualified staff.
All social services agencies are required by the Department to have in
place procedures and protocols to deal with the numerous child care
responsibilities. These have emerged through a continuous review of
practice and have been refined over a number of years. The
requirement for procedures and protocols however remains a key
issue for child care practitioners particularly in the arrangements for
the involvement of statutory and other agencies, but these alone do
not achieve good decision-making and life planning for children. This
is dependent on the expertise and skills of staff and the nature of
supervision and support provided by management. In general this
works well. However, as inquiries have shown there is a need to
ensure good communication both internally and externally between
all the agencies involved to reduce the potential risk to children.
There is a need to continually address the costs attaching to the
delivery of a high quality service. Children's services involve
relatively
9
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 188
high resourcing mainly due to the staff costs. These services now face
similar pressures to the rest of the economy in recruiting and
retaining trained and experienced staff. Related to this is a serious
trend away from the pursuit of professional careers in the child care
field at the present time - most noticeably in England, although less
so in Northern Ireland. If steps are not taken to tackle these
circumstances the country could face a crisis in staffing its child care
services in the not too distant future.
Having moved into the new century the evidence clearly points to an
improved child care system which holds a central position within
society. This is indicative of a series of major advances made over the
past 50 years.
Services and resources are now much more comprehensive and
focused on the needs of children and their families. Northern Ireland
has kept pace with the rest of the United Kingdom in its
development of legislation, policies and services and is held in high
regard for many aspects of its child care provision and standards of
practice.
Political change within Northern Ireland has created the potential to
generate a new drive in the development of child care services. The
recent establishment of the Northern Ireland Assembly has brought
about the potential and opportunity to take forward a number of
major initiatives aimed at improving the lives and well-being of
children and in particular those from a disadvantaged or deprived
background. Within a comparative short period the Assembly, the
Executive Committee, the Office of the First Minister and Deputy First
Minister and the Minister for Health, Social Services and Public Safety
have all promoted significant developments which will impact on the
provision as well as the standard and quality of the services over the
next few years.
The Executive Committee has made clear its commitment towards
improving opportunity for the children of Northern Ireland in two
major policy papers. The Programme for Government in setting the
context of the financial resources available over the 3 year period sets
out plans and priorities to improve public services. These include a
9
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 189
specific commitment to improve collaborative working to combat
poverty, achievement of a more soundly inclusive society and
improvement in the general health of the population including
children. The Executive's Targeting Social Need (TSN) policy will set
out to tackle areas of social need and social exclusion by promoting
greater cross-departmental co-operation to achieve more focused
effort and resources towards people, groups and communities in
greatest social need.
To help the Executive Committee achieve these policies they have
established a number of Executive Programme Funds (EPFs) These
provide resources linked to the Executive's priorities and are
constructed in such a way as to encourage the various departments
of the Assembly to deliver their priorities in more effective ways. The
EPFs are an effective mechanism through which the Executive can
ensure action and outcome for its 'Programme for Government' and
at the same time promote cross-departmental policy and service
development. There are 5 Executive Programme Funds -
Infrastructure, New Directions, Service Modernisation, Social Inclusion
and the Children Fund. While all of the funds will impact directly or
indirectly on children, the latter is designed to address particular
child
care issues.
The Children Fund represents additional resources beyond those
available from 'mainstream' annual revenue resources. It is aimed at
improving the life chances and citizenship potential of vulnerable
children and young people. Agencies involved in the child welfare
system have been invited to put forward projects to address such
themes as child abuse, improvement in play services, educational
outcomes for disadvantaged and vulnerable children and their longterm
health and well-being. A total of £21.5 million has been set
aside for this fund, of which some £9 million will be directly
accessible to the voluntary and community sectors.
These policies and initiatives taken by the Executive Committee will
set the direction for children over the next few years at the highest
strategic level. On a more specific issue, the Offices of the First
Minister and Deputy First Minister have taken responsibility to
develop proposals to appoint the first Children's Commissioner for
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 190
Northern Ireland. Following the publication of the Waterhouse
Report 'Lost in Care' (2000), public concern returned to the issue of
abuse of children while in the care of the State. One of the
recommendations in the Report proposed the establishment of a
Commissioner, independent of Government, to promote and
safeguard children's rights. This appointment will be aimed at
ensuring that young people will have a 'voice' and their concerns and
needs will influence policy-making, priority-setting and resource
allocation across all aspects of services provided for children. It is
anticipated that the Office of the Children's Commissioner will be
established by 2003 as part of a wider strategy to address children's
rights and needs. This initiative has been welcomed within the
Assembly, and by the Minister for HSSPS.
The DHSSPS has also been active in bringing forward a series of
initiatives aimed at the future well-being of children. At a macro
level the Department is currently developing a strategy for children's
services which will include a review of social services for children and
their families. This will be a wide ranging review and include areas
such as family support and early years services, fostering, permanency
planning and adoption, children with disability, child protection and
residential care including the provision of secure accommodation. It is
anticipated that the strategy will be published for consultation in
2003. This should lead to the production of a policy report setting out
the strategic direction for child care services and the child welfare
system for the foreseeable future.
Alongside this strategic level work, the Department has been active
in promoting a number of legislative developments. In 2001 the
Leaving and Aftercare Bill was passed by the Assembly to improve the
support arrangements for young people leaving care. The legislation
builds on the foundation of the Children's (NI) Order 1995 and places
new and enhanced duties on the HSS Trusts to assess and meet the
needs of care leavers. This will include providing a care plan that
maps out a clear pathway to independence in adulthood.
The Protection of Children and Vulnerable Adults Bill will come
before the Assembly in the near future. This proposed legislation is
intended to strengthen the existing arrangements for checking staff
9
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 191
who wish to work in the care services. It is intended that this Bill
will
be accompanied by a revision of the policy and procedures on child
protection. A revision of the current Departmental guidance on child
protection 'Co-operating to Safeguard Children' will be issued early
in 2003. This revision has drawn on the experience of child care
organisations and staff who have used the preceding guidance. It
should assist Area Child Protection Committees, agencies, child care
organisations and professions to ensure a greater focus on those
children at greatest risk combined with stronger collaborative
arrangements and increasing expertise.
The Department has also been mindful of the rising public
expectations of better and improved quality of services. As a
consequence the Minister launched a set of proposals in April 2001
aimed at addressing the quality agenda in social care including child
care. 'Best Practice - Best Care' sets out a framework to raise the
quality of services provided in the community and addresses the issue
of poor performance across the Health and Personal Social Services. A
key element of this framework will be the production and
dissemination of minimum regional standards for services together
with guidelines in relation to the development and maintenance of
effective clinical and social care governance arrangements. It is
proposed to establish a new independent Health and Social Services
Regulation and Improvement Authority (HSSRIA). This body will
incorporate the existing 4 Registration and Inspection Units of the
HSS Boards and should take responsibility for:
• the regulation and inspection of services including all children's
services;
• the review of clinical and social governance arrangements in all
HSS organisations; and
• the investigation of incidents where significant or persistent
clinical or social care problems occur.
Whilst this new measure will focus on the quality of service the
Department has been engaged for sometime in a series of initiatives
designed to improve the quality and skills of the workforce. The
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 192
provision of children's services is a human industry. With adults in
such positions of authority and power over children the Department
has approached the issue of developing and maintaining a high
quality workforce from 3 different but complementary perspectives -
regulation of the workforce, workforce planning and consistency of
practice.
New arrangements were introduced in 2001 to regulate the social
care workforce. The NISCC is responsible for developing a register of
staff and for promoting and regulating the education and training
arrangements for people who wish to work in social care. Over the
next few years specific groups of staff will be gradually incorporated
onto the register. It is planned that staff in social care services,
particularly child care services will not be permitted to practise
without appropriate qualifications, training and registration with the
Council.
Alongside the introduction of regulation of the workforce, the
Department has continued to secure training for the entire social care
workforce under the PSS Training Strategy. Attention is also being
paid to workforce planning of the social services with the intention
of producing a human resources strategy in 2003. This should outline
the way forward in planning both numbers of staff required and the
education and training arrangements in the near future.
Education and training was also reviewed in the late 1990s and a
major reform of social work education began in Northern Ireland in
October 2001, as described in detail in the previous chapter. The
incentive is to ensure a level of professional social work skill
commensurate with modern demands of quality and consistency of
practice. Accordingly the Department has welcomed the
establishment of the Social Care Institute for Excellence (SCIE) in
England and Wales. This new body has been created by the United
Kingdom Government as an independent 'not for profit' organisation
to review and determine what works best in social work and social
care practice. It is required to disseminate best practice guidelines
and thereby make an important contribution to improving the
quality and consistency of both practice and provision. Rather than
create a similar body in Northern Ireland the Department proposes to
9
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 193
establish a contract with SCIE to draw on its expertise and guidance
and to encourage participation of Northern Ireland social care
organisations in this arrangement with SCIE.
There is one other important area in which the Department has been
engaged for some time, this being a review of residential care which
was instigated in 1997 and the subsequent report 'Children Matter'
produced a series of recommendations on the need to improve and
increase the provision and range of children's homes. Due to the
concern regarding the extent of the need, the Minister launched a
'Children Matter' Taskforce in 2000 to take forward the
recommendations, confirm the number of places required and
prepare an Action Plan on the development and funding of schemes
within agreed timescales. This substantial increase in provision will
have considerable implication for workforce planning and as a
consequence a sub-group of the Taskforce has been established to
bring forward proposals to ensure the provision of sufficient trained
staff to meet the new homes requirements.
The HSSPS Committee has taken an active interest in children's
services and selected residential care as a subject for its first
inquiry.
The report of the findings were published in 2000. The Minister
welcomed the recommendations which largely concurred with the
'Children Matter' conclusions. The Committee agreed earlier this year
to conduct a further inquiry into arrangements in Northern Ireland to
protect infants and children from physical, sexual and mental abuse
and they will consider the quality and resources allocated to child
protection services with reference to Great Britain and other
countries. When complete the Report will contain recommendations
as necessary and will be submitted to the Minister and to the
Assembly.
In conclusion, it is apparent that within a short period of
establishment the Northern Ireland Assembly and the Department
under the direction of the Minister have demonstrated a major
commitment to the care and welfare of children. The period 1950-
2000 has been significant in the progress made in regard to
progressive legislation and in the development of services to protect
and provide for vulnerable children. A solid foundation for the new
9
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 194
century has been laid. The Northern Ireland Assembly, the Executive
and the Department have recognised the importance of maintaining
and developing a progressive child welfare system that is inclusive,
protects those who are vulnerable or at risk and provides opportunity
for all children irrespective of their background or need.
9
50 YEARS OF CHILD CARE IN NORTHERN IRELAND 195
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50 YEARS OF CHILD CARE IN NORTHERN IRELAND 204
ISBN 0-946932-07-7
Published by: Department of Health, Social Services
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Castle Building, Belfast BT4 3SJ
Tel: (028) 9052 0706
Texphone: (028) 9052 7668
www.dhsspsni.gov.uk
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