Introduction
This essay will look at issues pertaining to children’s rights as well as freedoms in a social set up. In section 2, I will draw on my own case experiences to emphasize ethical conflicts regarding confidentiality, control and parents with disabilities. The penultimate part of the assignment will look at the organization, team and individuals’ responses to these dilemmas. Finally I will conclude by synthesizing the discussed presented standpoints.
Section 1
My placement is in a statutory setting; it is a children and families locality team. The team supports children aged from pre-birth to 18 years. We support children who meet the eligibility for child protection (CP) according to section 47 and children in needs as defined in 17, Children Act (CA), (Great Britain, Children Act 1989).
The CA 1989 seeks to protect children. It is the duty the Local Authority to safeguard and promote children’s welfare (Great Britain, Children Act 1989). The assessment process (carried out within specific time limits) is followed and it is governed by the Framework for Assessment of Children in Need and Families (Department of Health, 2000). Moreover, the LA has a duty to investigate and to provide services by taking reasonable steps to prevent a child suffering significant harm, as set out in section 31 or the (CA, 1989). Whereas, the Children Act 2004 stresses a new way of working where all agencies have a duty and responsibility to ensure better outcomes for all children. Interlinked within my placement practice is awareness of ‘Every Child Matters’ (ECM) following the reinforcement into the policy (Brammer 2010).
Every Child Matters is policy set by the government in response to the Lord Laming recommendations (Great Britain 2005, based on the death of Victoria Climbie. Her case highlighted multiple critical issues in the implementation of previous policy. Victoria, aged eight, died from hypothermia after several months of sustained abuse by foster carers. Lord Laming report concluded that Victoria’s death could have been prevented, had the people in charge exploited all the opportunities available to protect her from further harm. There were lots of challenges which hindered ultimate success of some programs; poor or wanting professional practices, lack of a person or persons with accountability, poor managerial support for core workers and failure to share information inside and outside the agencies in support of children. A key proposal was to have keener focus on the needs of children and young people, hence the creation of Children’s Commissioner for England (Great Britain 2005). According to the report, it was believed that Children’s Commissioner would form a powerful listening post for children and young people as commitment to place children at the centre of reforms.
Section 17 (CA, 1989) states that the wishes and feelings of the child must be ascertained and considered depending on age or developmental understanding of a child (Brammer, 2010). However to ascertain the wishes and feelings of the child does not compel social workers to adopt those wishes. This introduces a conflict concerning policy implementation. Therefore this means the law is the foundation or structure, and practice by social workers is like the plastering dependant on one’s skills or on circumstances. Children have the right to be heard, however decisions will be made on their behalf since they will be under the guidance of adults who have the power to make those choices on their behalf. All the child has is the right to try to convince the adult to choose what the child would have opted for if given a chance. (Steiner 1994 1)
Section 2
I will seeks to tackle some issues pertaining to Interaction of law, policy and ethics in children social work practice setting. We are gong to look at two themes relating to confidentiality and parents with disabilities in learning.
In this section it is about children in dire situations, laws that govern professions and careers that revolve around the children. People working with children are exposed to sensitive situations that need legal input. All professions are governed by law in form of code of ethics. This is a system of streamlining the operations so as to maintain high standards of professionalism as well as a quest to get the best out of the practices with integrity. Children are very vulnerable, according to statistics, in the United States, abuse kills 5 children daily and hence there is need for a very strong guide on the laws and their strict enforcement. (Child Help, 2007.1) The laws should protect children from harm and enable social workers to assess needs and provide services accordingly. In the course of their learning and growing children will interact with different people who offer different services and with them there will be of violation of children’s rights or even abuse. It is important to note that the legislations in place seek to protect children from both self inflicted harm and harm from environs. I aim to look deeper into the professions, their code of conduct and conflict and its management in matters pertaining to children and their rights.
There have been numerous laws enacted all aimed at safeguarding the welfare of the children who are at a constant risk from the environment. Legally a child in law is any person who is under eighteen years (Great Britain CA 1989.1) The children act 1989 mandates the local authority to safeguard the welfare of all children who are in need. (Brayne and Carr. 2005 p 26). It has also bestowed with authority the local authority to take care of any vulnerable child. The 2004 act, is an improvement as the section on children services are integrated in line with changing structures and policies. It is this act that granted the 16 year olds more rights, i.e. right to confidentiality.
As par the set standards by European Union, there are five focal points that are considered to be most important to ideal growth of a child; health, safe stay, ability to enjoy and achieve ability to make a contribution and ability to achieve economic wellbeing. The five, if achieved will be a very big stride in promotion of guaranteed children rights and freedoms. (E.C.H.R 2004. 1). In the course of attaining their rights, children will need a lot of input from adults. This brings in the biggest challenge, the balance between reasonable intrusion into children’s affairs and control measures. Children need constant surveillance and discipline to curtail any behaviour that would compromise their morals and positive growth. This is why there is need for clear guidelines on how institutions and individuals working with children should conduct themselves in betterment of children’s welfare.
Confidentiality
During my placement it became evident that young people have lots of desires to control information about them. This I found brings about lots of controversy with medical service providers since there are some sections of the code of ethics that will always go against moral obligation. In the course of dispensing our duties, I as well as some co- worker in instances we found ourselves at cross roads since in some cases it is more harmful to maintain the confidentiality.
A pseudonyms case will be used to protect confidentiality. Whilst working with a medical professional (Jane) a co-worked, revealed to me that she had gained information about Alice a sixteen year old student who had procured an abortion within our neighbourhood. The operation was carried out in the institution we worked for. The law demands medical practitioners should keep such information confidential (D.o.H, 2000). I and my manager discussed and agreed that Jane was obliged to tell Alice’s parents since at her age she could make decisions on some situations but her ability to make informed decisions was still wanting. As professionals we felt it was also risky for her since she required some psychological help after an ordeal like abortion. We agreed it very important for Jane to tell Alice’s parents for her own good since the situation is of bigger magnitude than she could handle solely. After that she under went psychological counselling to help her out of the situation.
The confidentiality policy grants that there can be some exceptions on the clause of confidentiality (D.o.H, 2000).this are allowed when the situation in hand is a dilemma for the child. In some instances, are like of neglect, Abuse or a situation where a child is venturing in a risky situation, or if the young person is in danger and is not in a position to make informed decision. Hence, information can be shared without the consent of the young person (Banks, 2006). “Confidentiality is the art of preserving of any piece individuals secret information which is disclosed in the course of any professional relationship.” Even Children under sixteen years are granted the right to confidentiality. Article 8 of human Rights act 1998 states that, children are entitled to respect for family and their private life. The information holder is forced to keep it confidential where as, if disclosed it would have been for the good of the child and to general society. The supporting law states that children are autonomous and this comes with decision making and risks taking. I experienced a situation where a (Sue) a 17 year old student attempted a backstreet abortion which botched. She was brought to our facility in critical condition she was taken to the theatre and her uterus had to be removed, we had to inform her parents about her situation.
Despite the confidentiality rule we still found it necessary to inform her parents. There was a school of thought as to why for a long period of time children didn’t have rights. Children were referred to as adults in making who should be treated as future adults not as young human beings. This meant they were not entitled to equal rights with adults. Ultimately, this deprived children of their rights (Onora O’Neill, 1988), and was however overturned by the 1989 legislation. It is important to protect children and grant them their rights, however we should be cautious since this rights bring freedoms and freedom come with responsibility. Most children will not effectively take these responsibilities owing to their immaturity. (Tom) a twelve year old boy was bought to our institution with a sexually transmitted infection and admitted having multiple partners including his mother’s friend who had moved in with them, this friend had sought treatment for the same infection as tom. With such information we felt obliged to involve the mother since the situation was out of hand and the boy’s health was in jeopardy as well as that of his sexual partners.
Perceived lack of confidentiality on issues pertaining youths has made many of them shy away from seeking services more so on issues relating to reproduction health and sexuality. If assured of confidentiality, youths are more willing to divulge information and seek assistance. Young people should be made aware on how confidentiality works in order to boost their trust in the service providers and the services offered. The 1998 data protection act states that all records will be kept confidential including those relating to their health; this will help in increasing their willingness to seek assistance as well as providing correct information. The information is exclusively for use within the health institution.
My placement organisation has formulated guidelines that help in maintaining the laws that govern confidentiality. These are the in house rules and regulations that are followed by all persons working there in a quest to up hold professionalism. Furthermore, youths should be reassured that they have the right to complain if their information is disclosed. Having explored confidentiality, the second theme is parents with learning disabilities.
Parenting Disabilities
There has been an increase in the number of parents with learning disabilities since the early 90s , this was after legislation was changed which granted people with learning disabilities legal rights just like other citizens to live in a community, enjoy sexual expression, have and raise children (Gilberg & Karlsson 1983). The plight of children’s needs of such parents is an issue that warrants lots of attention. Depending on the level of the learning disability, the parent’s ability to fulfil parenting duties is inhibited; this requires supplemented social care to enable this children get some of the input the parent might not make to provide for their children due to their condition. In my placement I encountered a case of (Phil), a ten year old pupil whose mother had learning disabilities, this had made him vulnerable in the estate as well as in school, other kids tease and bully him all the time, he also performed very poorly in class. No one had ever made any efforts to look for children worker’s services the boy had been left to chart his destiny almost by himself. In this case we had to involve he children’s department who sent social workers to handle the case (Phil) who was a gifted boy improved and in two years time he was top in his class.
Evidence has it that Parents with intellectual or learning disabilities are more prone to abuse, isolation and psychological stress as compared to able minded parents. Usually these results to stunted mental growth coupled with many other perils and all this can befall their children (McGaw 2000). In America 50% of such children are at risk of abuse and neglect (Wald 1979). This has made it important to incorporate the services of the local authority to provide children’s social care services to help parents with disabilities considerably on some aspects of parenting as well as avert any calamity that might befall the child. The provision of social services has been hampered by lack of enough personnel and funding amongst other factors. There are ethical dilemmas faced by the social workers since parents with learning disabilities rarely seek the services of children’s social care and instead they rely on relatives and practitioners who might not have the required expertise to help the child attain its needs considering the condition of the parent.
This is always a big obstacle on the child’s development, in instances where child social workers were involved, these children exhibit three times as much the levels of needs comparing to children whose parents have no learning disabilities. A child growing up under normal circumstances will typically exhibit very high levels of needs compared to children growing up with parents with learning disabilities (Child Help 2007). For a child to exhibit a high rate of needs there must be an enabling environment which makes the child understand more and yearn for more things. A case of Penny whose mother had learning disabilities, she got pregnant at the age of twelve and her baby was put under the children’s department on birth. The following year she fell pregnant again and the child was adopted, the following year at the age of fifteen she was pregnant again but she got miscarriage. Having undergone all these at her age and the probability of he conceiving again rife we were faced with dilemma since with her trend she would continue having uncontrolled babies, we were concerned since she was not in a position to bring up children she should not be giving birth.
The rights of children who are brought up by parents with learning disabilities are at a constant threat from ally of issues. It is the duty of the children’s welfare departments to ensure all children enjoy rights. Research has shown that children nee of parents with learning difficulties will have delayed development; adults with IQ below 60 are unlikely to parent properly without support these parents are more likely to have been abused as children and it is easy to pass the trauma to their children. (McGaw 2000.1). In instances where workers collaborate with parents and support is given, children will exhibit improved development rate. In order to accomplish their missions, children social workers must work hand in hand with close relatives of the child, this way they will win trust of both the parent and the child. Governments must have active departments that have the capacity and personnel to cater for the needs of these children. Drawing from experiences, I can say that children are well protected by various statutes which have granted them numerous rights. It has been observed that if this is coupled with socio input from significant others, that are the family, children’s interests will be well safeguarded.
Conclusions
Organizations, medical and government institutions bestowed with the responsibilities of fostering for vulnerable children or providing medical care, should have clear policies on all matters pertaining to children. They should come up with healthy ways that will encourage young people to share information and become open, they should be programs to enlighten the youth on the importance of doing this since it’s for their own good, It is also advisable to come up with youth friendly ways of drilling out crucial information, this can be attained by using modern communication channels, i.e. on-line. Government as the major facilitator should ensure that funds are availed for these projects.
Professionals handling of all information on youth health matters should observe ethics and high standards of integrity. This will play a major role in boosting the trust youths have in their services. In instances where the confidentiality rule has to be breached the affected youngster has to be explained well to avert any negative repercussion. In some instances the consent of the youngster is not even sought when divulging some information. All that is should be handled professionally and that way rendering services to the youths will be less tedious.
Individuals especially parents with learning disabilities should take the initiative and seek assistance from government and other institutions specializing on such cases, this will put these under privileged children on the same level playing ground with other children opening opportunities for them as well as offering them a chance to excel in life. Parents with teenage children should be extra vigilant since their children are at a high risk of falling into mischief. There should be a close working relationship between the parents and medical practitioners. This would work well for the good health of the teenager.
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