The NSPCC briefing Home education: learning from case reviews highlights recommendations from seven serious case reviews (SCRs) published between 2008 and 2013 involving home-educated children. [The full briefing has since been replaced with a summary, but the original is still accessible here. Also note that the Serious Case Review for Child S listed in the NSPCC summary is for the wrong Child S.]
In the previous post I mentioned that the primary purpose of legislation is to protect the liberty of the individual. Historically the primary purpose of national government has been to protect liberty by defending the nation from attack from abroad, and of local government to do so by maintaining law and order.
But you’re unlikely to enjoy your liberty very much if you’re starving, sick or homeless. The massive increase in urban populations following the industrial revolution eventually resulted in the UK government, national and local, turning its attention to people’s quality of life. Over the last century or so national education, health and social care systems have been developed. Currently, education and healthcare are universal services, available to all. Significantly, social care isn’t.
social care for children and families
The parent of any child ‘in need’ according to the criteria set out in s.17 of the Children Act 1989 can request a social care assessment. The definition of a child ‘in need’ can be summarised as;
• unlikely to achieve or maintain a reasonable standard of health or development without the provision of services by a local authority
• health or development is likely to be significantly impaired, or further impaired, without the provision of such services; or
But there appear to be a number of hoops to jump through before a child ‘in need’ can hope to access support.
The first hoop is meeting the eligibility criteria for an initial assessment. Here, for example, are those of the Royal Borough of Greenwich. I’m not knocking the Royal Borough. Their criteria are explicit and specific. At least you know where you stand.
The second hoop is an initial assessment that determines whether or not the child is sufficiently ‘in need’ to be eligible for a core assessment. For many local authorities, the criterion for a core assessment is not so much about the child’s needs as about whether they are at risk.
The third hoop, the core assessment, presumably identifies what sort of support the child needs. Or not.
Despite s.17 of the Children Act 1989 saying
“It shall be the general duty of every local authority…
(a) to safeguard and promote the welfare of children within their area who are in need; and
(b) so far as is consistent with that duty, to promote the upbringing of such children by their families,
by providing a range and level of services appropriate to those children’s needs.”
the current focus of social care services appears to be on the safeguarding element of their general duties, not on the promotion of welfare element. The initial assessment prioritises safeguarding children already ‘in need’, not on preventing them from becoming ‘in need’ in the first place. This looks rather like locking the stable door after the horse has bolted.
In practice, it means you could be the parent of three children, each with complex disabilities and Statements of Special Educational Needs and repeatedly excluded from school, have a broken marriage and be estranged from your extended family as a consequence, be seriously sleep deprived, suffering from a bunch of mental and physical health problems and be unable to hold down a job because of your caring responsibilities, but if your children are not deemed to be at risk of harm or of harming others, you can still not be eligible for a core assessment.
Local authorities justify rationing support in this way by saying they must prioritise children who are most in need. On the face of it, this looks like a responsible use of taxpayers’ money. It isn’t of course. Low-level social problems don’t just resolve themselves because services are rationed; the costs are simply shifted elsewhere. Parents and children absorb many of the costs – financial and in terms of quality of life. Schools are expected to patch together the children’s lives and parents and children pitch up at GP practices with recurrent health problems. And in many cases social services end up having to support families anyway once their problems have escalated to the point where the children are deemed to be at risk of harm.
The task of safeguarding as presented in the seven SCRs involving home-educated children has three main features;
• identifying children already at risk
• monitoring their welfare
• intervening before they can come to harm
The focus of politicians, the media and the SCRs themselves has been on the failure to intervene in time to stop the children being harmed. The focus of those advocating increased regulation of home education is on monitoring the children’s welfare. The focus of social care assessments is on identifying children already at risk. It’s clear from the SCRs that none of the three features provide any guarantee that a child will stay safe – almost 30% of all children who were the subject of a SCR have had current or discontinued child protection plans. So why the focus on identifying, monitoring and intervention?
The purpose of the seven SCRs was to examine the specific circumstances that led to a child coming to serious harm, not to catalogue all the support families received, so there’s little mention of what help parents asked for and what help they got. Most home educating families don’t want or need help, but in all seven cases cited by the NSPCC briefing parents had approached the authorities voluntarily at some point. That might simply have been impression management on their part, but let’s assume for the moment the approach was a request for help. What did they ask for? The evidence suggests that in six cases it involved specialist expertise; about developmental disorders, complex health problems, special educational needs, mental health and adoption. Specialist expertise isn’t always easy to access. Parents with children not deemed to be at risk have long reported difficulties getting it.
But not all the help needed was so highly specialised. In two cases, there were problems with housing. Child 3’s mother had sold all her furniture in an attempt to avoid the house being repossessed; it was during repossession that her daughter’s body was discovered. The chaos and tragedy into which Child 4’s family was precipitated appears to have been triggered by the mother’s attempts to improve their circumstances; she went on a diet, her partner moved in and she planned to relocate the family to a better neighbourhood. But her ‘healthy eating’ regime deprived her children of food, her partner had a troubled history, and she couldn’t get a tenancy transfer until she had ‘tidied up’ the house – the children had scribbled on the walls. Mrs Justice King, hearing the application for a care order for the surviving children, noted the chaos that the family descended into as a result of the mother’s partner attempting to lay laminate flooring throughout the house. Without wishing to trivialise the tragedy that followed, the outcome might have been very different if a lone parent with six children, some of whom had significant learning difficulties, had had access to old-fashioned services like meals on wheels and home help.
In some cases, the help the families did get appears to have made things worse. One parent experienced frustrating delays getting responses from the EOTAS service. Health interventions included two cases of over-prescription of medication, no conclusive diagnosis, being removed from a GP list and a suspicion of Fabricated or Induced Illness. Parents did get appointments with professionals – 130 in a year in one case, but the focus of social care appeared to be on assessing the risk to the children, rather than providing the support the family needed to lessen the risk. This might go some way to explaining the ‘combative’ and ‘aggressive’ attitude of parents.
Social workers, understandably, point out that a focus on high profile cases where they have failed to prevent children coming to harm doesn’t take into account the thousands of children that they help. That’s undoubtedly true, although I’ve never heard social workers elaborating on what sort of help families get; a recent interview on Radio 4’s Woman’s Hour (from 33m 40s) is a case in point. But I don’t think it’s the social workers who are responsible for the difficulty families have in getting help; the way social care services are designed makes this situation inevitable.
it’s the system
Most of us, at some times in our life, are faced with challenges we can’t cope with on our own. Some people have robust social networks they can call on for help. For others, their social networks are part of the problem. That’s what public sector services are for; to help people cope with those challenges.
In the early 1900s, the first social worker training course offered by the University of Birmingham included topics like British constitution, industrial history, economic analysis, statistics, law, and sanitation and hygiene. The emphasis was on understanding the wider context for the problems families faced. In the intervening decades, the focus has shifted from designing systems that improve people’s lives, to resolving individuals’ specific problems, to, more recently, a preoccupation with procedures.
For example, the 2013 statutory guidance Working Together to Safeguard Children reads less like statutory guidance than a handbook consisting of 97 pages of advice. Some of the advice is probably useful – there are flow charts for different types of cases, for example. But is it really necessary to tell experienced professionals planning a strategy discussion that it “might take the form of a multi-agency meeting or phone calls and more than one discussion may be necessary” (p.33)? It’s not surprising, with this level of micromanagement and the dire consequences of not paying attention to it, that local authorities’ focus is on following the procedures related to safeguarding rather than on promoting children’s welfare.
If people don’t get the help they need when they need it, their problems don’t just go away. Services then have to deal with repeat referrals, complaints and worsening problems. This is what John Seddon calls ‘failure demand’ – demand caused solely by a failure to do the job properly in the first place. Successive governments have believed that the obvious way to deal with shortcomings is to use carrots and sticks to get services back on the strait and narrow. Unfortunately, the obvious way isn’t always the most effective. The focus of those working in the public sector has gradually shifted away from serving the public towards collecting the carrots and avoiding the sticks.
Increasing regulation in response to service failures, which is how government has responded and what the SCRs and the NSPCC recommend, won’t help. It will simply add to the services’ workload and make it even more difficult for them to help the people who need it. Counter-intuitively, what would reduce demand and service failures is making social care universally accessible and ensuring that front line professionals have the expertise, resources and flexibility to help prevent minor problems escalating into major ones. Not only is that likely to reduce overall demand but it could also make people’s lives better.