Nancy Kelly

Child protection decision-making

The effects of interagency collaboration on risk assessment in child protection practice were analysed in respect of the decision-making processes in child death inquiries. Universal features in the assessment of risk as identified in psychological literature were applied; in particular, the concepts of ‘groupthink’, the ‘certainty effect’ and ‘group polarization’. It is suggested that case conference decisions are inherently more risky than those taken by professionals with individual responsibility because of the way in which cases are framed in terms of losses.

Domestic Violence and Health Care: Opening Pandora’s Box - Challenges and Dilemmas

In this article we take a critical stance toward the rational progressive narrative surrounding the integration of domestic violence within health care. While changes in recent UK policy and practice have resulted in several tangible benefits, it is argued that there may be hidden dilemmas and challenges. We suggest that the medical model of care and its discursive practices position women as individually accountable for domestic violence-related symptoms and injuries. This may not only be ineffective in terms of service provision but could also have the potential to reduce the political significance of domestic violence as an issue of concern for all women. Furthermore, it is argued that the use of specific metaphors enables practitioners to distance themselves from interactions that may prove to be less comfortable and provide less than certain outcomes. Our analysis explores the possibilities for change that might currently be available. This would appear to involve a consideration of alternative discourses and the reformulation of power relations and subject positions in health care.

Rhetoric and reality surrounding care proceedings: family justice under strain

Since mid-2000 a number of important changes to policy, legislation, government guidance and practice directions have been introduced in child-protection practice. These changes have the intention of placing children and families at the heart of decision-making with regard to judgements about their future. Central to these changes is the commitment to reducing delay in the conduct and resolution of cases so that outcomes for children are optimised, and costs and resources are effectively managed. Proposed legislation to impose a six-month time limit for the completion of care cases emphasises the drive to frontload work with children and families pre-proceedings. This paper explores the issues surrounding the boundary of decision-making between the courts and the local authority following the publication of the Family justice review. It considers the implications of making a greater number of highly consequential decisions within administrative rather than judicial settings, and explores the rights of children and parents within such decision-making processes. Whilst the intention of policy changes may be laudable, it is argued, in line with Munro that a number of obstacles may result in less desirable outcomes for children.

Delivering the Alcohol Treatment Requirement: Assessing the outcomes and impact of coercive treatment for alcohol misuse

Under the Criminal Justice Act (2003), Alcohol Treatment Requirements (ATRs) are now available and can be dispensed as part of a community sentence. ATRs deliver coercive treatment to predominantly ‘dependent’ drinkers specifically aiming to tackle levels of alcohol consumption and reduce alcohol related crime. Data gathered from probation records and treatment files for 81 offenders sentenced to treatment were analysed exploring offender characteristics, outcomes and impact. The analysis shows that those deemed ‘suitable’ and consequently sentenced for the ATR were primarily ‘white British’ males who had committed crimes related to ‘violence against the person’. Progression through treatment on the ATR is encouraging with a 70 per cent completion rate and positive outcomes with regard to levels of alcohol consumption. While re-offending rates were also low these should be viewed with caution as the time lapse between intervention and impact assessment was short.

Factors that influence engagement in pre-proceedings practice: presenting the roles of professionals working within the family justice system through personal narratives

Public discourse around changes introduced as part of a drive to tackle spending on welfare, reflect a less than tolerant attitude towards welfare generally, but more specifically towards parents who require state involvement to care safely for their children. The introduction of a deadline of 26 weeks for the completion of care proceedings, together with a clear steer to resolve disputes wherever possible prior to making an application to court has introduced further instrumental approaches to working with parents. In this paper we explore practitioner experiences and understandings of working within the new legislative frameworks and consider the dominant cultural narratives they are working within. However, in some cases professionals felt able to challenge the economic narrative of the pre-proceedings protocol, and they experienced the legal and policy changes as an opportunity to engage in a helping alliance with families with the provision of support that otherwise they would not have been able to offer.

When adoption without parental consent breaches human rights: implications of Re B-S (Children) [2013] EWCA Civ 963 on decision making and permanency planning for children

The Court of Appeal in Re B-S (Children) [2013] EWCA Civ 1146 delivered a judgment on 17 September 2013 that has led to confusion and uncertainty in adoption cases specifically, but public law cases more generally. In his judgment, the President of the Family Division, Sir James Munby, highlighted the need for a greater degree of analysis and a weighing up of all the options for the child, including adoption. Significantly, the President stated that adoption without parental consent is an extremely draconian step, and as an option should not therefore be based on resource constraints if the most appropriate option for the child is to remain living within his or her own family with support. The authors are concerned that following the decision in Re B-S the courts appear to be more willing to grant leave to appeal an adoption order, especially where parents are not legally represented. Members of the judiciary may be concerned to uphold the Article 6 rights of parents, but this must be carefully balanced against the welfare of the child. Furthermore, following the decision in Re B-S we are seeing evidence in unreported cases of social workers being heavily challenged on their oral evidence in court. The judgment in this case will inevitably lead to uncertainty amongst professionals who are already working under considerable strain and these may result in further delay for children; this is ironic given the rhetoric of recent reform of family justice is premised upon the importance of the timetable for the child.