FOI Review - Child Protection Case Reviews
Review 101002905146
Original FOI Request - Child Protection Case Reviews - 101002900167
I request a review of the decision to withhold the document in relation to Question 3.
You will be aware of the latest Scottish Government guidance on learning reviews - https://www.gov.scot/publications/national-guidance-child-protection-committees-undertaking-learning-reviews/pages/5/
I have copied the relevant section here:
Even if a decision is reached not to pro-actively publish the report, there is always a possibility, particularly in high profile cases, that a Freedom of Information (FOI) request may be received. In such cases the relevant public authority will be obliged to disclose information on request, unless one of the fairly narrow exemptions apply, particularly where there is a public interest in doing so. Although there is an exemption for Personal Data when disclosure of which would breach the data protection principles, it may be difficult to justify withholding the report in its entirety and it may need to be issued under redaction of Personal Data."
Response 09-11-21
Following your request for a review of our response to the FOI enquiry you submitted, ‘Child Protection Case Reviews’ – 101002900167, a review meeting was held remotely on 21st October 2021. In consultation were the Acting Records and Heritage Manager, Senior Solicitor, Social Work Service Manager, Public Protection Lead Officer and Relief Information Co-ordinator.
Within our initial response, we stated that the 2019 SCR Report could not be released as it remains a confidential document. It was agreed that we failed to cite a relevant exemption under which the entirety of the report was being withheld. It was decided to reverse our initial decision to withhold the sections of the report that were requested. After further consideration we have decided to release the requested information: excerpts from the 2019 SCR Report can be released which fulfil your initial request for the executive summary and recommendation. The SCR does not have an executive summary report or recommendations, as it was carried out using SCIE methodology which produces a final report with findings only. Please see the Findings section from the 2019 SCR Report below.
FINDING 1. Although most social work and health practitioners grasp in theory
that domestic abuse will impact on any children in a household, they find it
difficult to apply that knowledge in practice, seriously weakening the quality of
assessment, planning and ongoing casework.
Domestic abuse is recognised as having a detrimental impact on family life and on the safety and wellbeing of children living within this environment which can be long term. Practitioners have a responsibility to recognise and understand the subtleties of domestic abuse on the emotional and physical health of children and interpret this into meaningful children’s planning and safety measures. There is a need to have effective training and supports in place to embed learning into practice and for staff to develop skill in assessing and responding to the impact on victims, both adult and children. There is no simple way to create environments where children are free to voice their experiences without fear of repercussion, and where victims and perpetrators can be supported to recognise and acknowledge what domestic abuse is and its impact, and be enabled to disclose and access help. Failing to challenge adult abusive behaviours effectively can mean children remain in risky environments unrecognised and without an adequate level of professional intervention. QUESTIONS FOR THE CPC TO CONSIDER • How can professional critical analysis of domestic abuse and its impact on children’s wellbeing be improved? Is training adequate and relevant tools effective in improving practice around this issue? • Are supervision measures available to staff enabling improved recognition of domestic abuse on children and facilitate the level of critical thinking needed to interpret information about domestic abuse meaningfully within assessments? • What mechanisms are there for effective responses to incidents of domestic abuse
where children are involved, and are they good enough? How good are services at seeking and using the experiences of victims, including children, to inform service delivery? • Is there clarity on the strategic links and governance arrangements between the CPC; VAWP; and wider Community Planning Partnership, so to enable and support a whole systems approach to improving outcomes for children, families and communities who may be affected by domestic abuse, including early intervention and prevention? • How will the CPC know that systems in Moray are working effectively to improve outcomes for children and families affected by domestic abuse?
FINDING 2. There is no clear process to underpin referral to and functioning of
senior management meetings held for very challenging cases for shared reflection
and strategic planning. This makes it more likely that individuals and agencies will
act in isolation from each other sometimes in contradictive ways and without
shared ownership of the problem.
Seeking advice from more experienced professionals is a strength that can help progress cases that are stuck or seen as complex and promote a learning culture. While there is merit in utilising single agency supervision and escalation measures to help move a case forward there are times when strategic multiagency oversight and intervention is required. The need for this level of intervention for a case is uncommon though when needed, indicates that there is a high level of risk present for children and professional concern.
Introducing a process to reflect within a multiagency setting about a complex or stuck case, and being able to seek advice from other professionals with relevant expertise, can provide a means to find creative solutions that will in turn support children and their families receive the right support. Any process introduced need not be hierarchal or overly bureaucratic but sensible and proportionate to the needs of the case and practitioners. Without this there is a danger that children will continue be at risk of harm for unnecessary periods of time, impacting on their health and ability to develop into mature responsible citizens. QUESTIONS FOR THE CPC TO CONSIDER • If Moray CPC agree that there is value in introducing the facility for coordinated multi- agency oversight at a senior level, what are the implications for: 1. The kind of cases that might warrant escalation to this level? 2. The membership, purpose, and function of such a panel? 3. Quality oversight of the effectiveness of such a panel? 4. Governance of such a process and links to other relevant groups?
FINDING 3. The assessment, analysis and recommendations made to Children’s
Hearings are insufficiently clear which can leave social workers and others
feeling undermined by decisions and questions the quality of management
oversight.
Children rely on professionals getting it right for them in order to mitigate risks they may be exposed to from the environment they live in, the people responsible for their care or themselves. A Children’s Hearing makes decisions based on information provided to them from professionals, the family, and the child. Professional assessment and analysis is therefore essential in enabling the right decisions to be made for children. Recommendations to the Children’s Hearing must be clearly stated to avoid ambiguity, link directly to the professional analysis and describe what actions will enable the child to reach their full potential. Without this robust approach to assessment and planning, children can be left in adverse situations without adequate support. Where the quality of assessment lacks a depth of analysis and clarity there is an increased likelihood that recommendations to Children’s Hearing will not be agreed as criteria for the recommended actions may not have been made explicit or evidenced. QUESTIONS FOR THE CPC TO CONSIDER • Is the CPC aware of the inconsistent quality of reports produced for Children’s Hearing and the vulnerability of this part of the system in getting it right for children? Is there current information about progress being made to improve consistency of professional analysis and reports? Are management oversight and staff induction measures adequate in quality assuring multiagency risk assessment and analysis? • How might Moray better support staff and managers to consistently analyse and risk assess the information they gather? • Education and teaching staff have a unique role in engaging and working with a child within a safe environment. How can their expertise and insight into a child’s wellbeing be best utilised within the Children Hearing system? • Is there adequate clarity about how other agencies such as health, third sector services and police actively contribute to inform analysis, help make recommendations and attend a Children’s Hearing where appropriate? • How well prepared are professionals, who attend and present information at Children’s Hearings, in responding to challenges from children’s and parent’s legal
representatives? Is there a skills gap that needs to be addressed?
FINDING 4. Is there an inconsistent application of risk assessment and other
assessment processes within community health services that potentially
diminished the quality of multiagency assessment and results in an over reliance
on social work to interpret single agency concerns?
In order for children to grow and achieve and have the best possible childhood experiences, identifying a child in need at the earliest opportunity is imperative. This places responsibility on midwifery and health visiting services working with families in the early years to be alert to aspects that can impair a parent’s ability to parent and protect their child. Without a robust and consistent approach to assessing and analysing risks to children and communicating these effectively to social work there can be an over reliance on social work to make sense of complex health information that may reduce the likelihood of children getting the right help when they need it. QUESTIONS FOR THE CPC TO CONSIDER • The issue of risk assessment and analysis has arisen previously in inspection reports. Is the CPC confident that the work being undertaken within health is improving this aspect of supporting multiagency working? • What feedback and quality assurance measures are in place and will they support health professionals to improve practice around risk assessment, analysis and planning for children? • How well is the Looked After Children Specialist Nurse service integrated into health assessment for children in Moray? • What evidence will the CPC need in order to be assured that there is improvement?
FINDING 5. Are staff across all agencies well enough supported to work
effectively with families where the behaviour of individual family members can
be predictably (and unpredictably) challenging and adversarial?
This case highlighted the impact of working with families who display harmful behaviours such as domestic abuse, poor regard for statutory interventions and a skewed perception of what is best for their children. These are difficult areas to address and in order to empower parents to change, sustained, coordinated and targeted interventions are required from all agencies involved. Practitioners also need the opportunity to build effective relationships with the families and develop the required set of skills. Children are at the heart of professional practice even though it is likely to draw unwanted attention to professionals and their services from the adults involved. Without this focus children are likely to live with adversity for too long and come to believe that this is how all families behave and that there are no other ways of being. QUESTIONS FOR THE CPC TO CONSIDER • Given the complexity and contradictory nature of these situations how can professionals gain a consensus view on how to intervene that would be supported within a single agency and at a multiagency level? • Are management, supervision, reporting and escalation procedures robust enough when interventions are seen to be not working and a case becomes stuck? • What is the role of management and community protection measures where not only practitioners experience fear and intimidation but also members of the wider community? • How can multi-agency professionals be supported to find the space, time and permission, to reflect together on complex or stuck cases? Would facilitated supervision be useful? • Are there techniques/strategies that some agencies already use in Moray from which other agencies may learn? • In what ways might social work and health services in particular adapt expectations around delivery of practice to allow for greater time to be given to relationship building?
FINDING 6. The relational approaches to practice with [...] adopted by
education are proving to be effective in engaging with young people. This raises a
question as to whether this approach could be utilised to the same effect within
other services in Moray?
Building relationships with children and families, as those demonstrated within education, is at the heart of effective engagement and in empowering positive change for children. For relationships to work professionals need to have consistent approaches towards children and carers defined by honest and open dialogue, demonstrated empathy and positive regard. Professionals need to role model behaviours that are respectful and allow trust to be built and difficult messages to be said with respect, understanding and kindness. This is more important when dealing with families who have been in the system for a long time. They may have experienced inconsistency from professionals, have felt let down by services or been allowed to continue with antisocial behaviours without consistent challenge. A long term focus on nurture and relational approaches has potential to improve outcomes for all children. QUESTIONS FOR THE CPC TO CONSIDER • Is the CPC aware of the good practice in relational practice adopted by education? • To what extent do other agencies apply relational approaches to practice and can they be replicated within a multiagency context? • How could relational interventions contribute to the Moray Children’s Services Plan 2017-2020 which endorses the development of solution Orientated and Restorative Approaches to practice?