P1 The term ‘Looked After’ was first introduced in the Children Order (NI) 1995 and refers to any young people under the age of 18 who are not being cared for by their birth parents on a temporary or permanent basis and must therefore be placed into care of the government.
Whether through a Care Order, as part of short, planned breaks known as respite care or voluntary agreement of the parents (see below), social services will try wherever possible to work in partnership with the parent(s) of the child without neglecting the fact that the child’s needs are paramount. Many young people that are taken into care will eventually go back home. It is believed to be best for a child to live within a ‘family environment’ and usually a social worker will try to work with parents so that the child can remain at home in the environment that they are used to, even if they have been victims of abuse or neglect. In these cases, the child is closely monitored for any further signs of maltreatment. However in the majority of cases,
Looked After Children (LAC) are placed into foster care away from their original home or are placed in kinship or network care (looked after by extended family or friends). This provides them with a family environment believed to be best for them and helps them to settle into life away from their parents.
If these scenarios are not possible for a child due to a plethora of reasons, then they will be placed into residential care. There are many types of residential care but the most common is probably a normal residential unit (school or home). It is normal for children living in normal residential units to eventually progress into foster care, independent living or even eventually return home to their parents. Young people may also be accommodated within secure units, either to protect others from them or to protect them from others, eg if they have committed a criminal offense or have a very violent parent who tries to hurt them or abduct them whilst they are being looked after.
The last two main types of residential care are hospices and potential adoptive care. If a child is diagnosed with a terminal illness, they may be given endoflife care in a hospice. In other cases, if a family show interest in potentially adopting a child, he or she will live with them until the court rules that they are the legal parents ie they assume parental responsibility.
Parental responsibility means that when a decision has to be made about the child in question, such as getting a haircut or getting braces, they have a say in it. There are many different people who could be involved in the process of taking young people into care. If they notice certain things are ‘off’ and suspect that the child could be being mistreated, they may contact the police or social services. These people include: social workers, doctors (especially GPs), teachers, health visitors, youth workers, neighbours or even family.
Essentially these people are a big part of the child’s life and will see the child regularly, so they are the first people that will notice if something doesn’t seem normal such as drastic weight loss, extremely poor hygiene, delays in physical or psychological growth, unusual bruising patterns or withdrawn behaviour.
As mentioned previously, the main piece of legislation in Northern Ireland in relation to young people is the Children Order (NI) 1995, which is not to be confused with the Children Act that is similar and exists in other parts of the UK. The most important part of this law is when it states that the needs of the child are paramount, so although it tries to balance the rights of the child with the rights of the parents, the child’s needs will always ‘trump’ everything else. The main aim of this legislation is to protect children and preventing maltreatment whilst ensuring that where possible, those working with children should try to work in partnership with the parents. Workers should have the mindset of returning the child to their home as soon as possible (unless in permanent care) as long as it is appropriate for them to do so.
Working in partnership with parents can mean two things: giving parents support to overcome any difficulties, traumas, addictions or other causes that may be making them mistreat their child whilst the child remains at home, or giving parents support and putting the child into temporary care whilst they improve. If, over time, social workers and other professionals observe enough positive change in the parent, they will have less monitoring (but still have regular checkups) or their child will be returned to them if the living environment is deemed as safe for the child. If the child is in care, it is assumed that the local authority will share parental responsibility with the parent during this time. There are two main pathways into care: through voluntary agreement with the parents of the child (this is the preferred method) or by the invocation of a courtordered Care Order (as an extreme measure or last resort). Voluntary Agreement
Parents that must care for a child with a disability have a huge additional strain put on their time and resources, especially if they have other children as well. This can be a hard burden to carry and can greatly impact their mental health and general wellbeing. If this becomes too much for them at a certain point, they may put their child into temporary voluntary care (in this case known as respite care).
Services may then be provided so that they can learn how to look after their child in the best way to meet the child’s needs but also to lighten the load a little. They may also suggest clubs that the child could attend with other people who have learning disabilities as well as support groups for parents with children who have learning disabilities this could help decrease the stress and frustration that they may feel.
Usually when social services manages to get parents to put their children into voluntary care, it is much easier for them to work together with the parents in order to improve the situation at home so that they can bring the child home much more quickly. Care Order
Jorge* and Tia* have four children Mattheas*, aged 10, Julia*, aged 8, Tomas*, aged 5, and
David*, aged 3. They emigrated from Spain to Northern Ireland as Jorge got a work transfer.
When they moved over, they enrolled their children into the closest primary school to their
2-bedroom house. Tia was unable to find a job so she became a housewife and stayed at home to look after their 3year old child and pick up the rest of their children after school.
After half a year, teachers at the primary school began to notice bruises on strange places on the children, such as their necks and faces. Neighbours also noted that when Jorge came home very late at night seemingly intoxicated a lot of shouting could be heard from their house and that Tia and her children had become very withdrawn and ‘submissive’. A month later, Mattheas turned up at school with a broken nose and Julia had a laceration down her arm the teachers contacted social services immediately.
They assessed the situation and came to the conclusion that the children would be at further risk if they were not removed from the home so they enacted an emergency Care Order.
The police were called as well in order to detain Jorge, who had been physically abusing his wife and children. Tia had sunk into depression and had secluded herself within the family home except for when it was an absolute necessity for her to venture out so the children had also begun to show signs of malnutrition.
Tia was given a lot of counselling and help from family support workers to build up her parenting skills again and ensure that the quality of childcare was maintained in future. As well as this, Tia found a parttime job and decided to go to night classes so she could be with her children during the day at the residential unit and gain qualifications at the same time in order to find a better job to support her family financially. Meetings were held every 6 months to review the progress that Tia had made. After a year and a half, her children were able to return home to a safe and stable environment.
*Names changed for confidentiality.
There are a whole host of reasons why children may need to be looked after. These reasons can range from family breakdowns, bereavement, and death to parental illness or loss. These may even possibly be linked to the child having behavioral issues, or an illness and/or disability that the parents cannot care for this includes both mental and physical illnesses, for example, severe depression or leukemia.
Other reasons why children may need to be looked after (that people are more publicly aware of) include maltreatment or neglect, abuse, addiction and financial instability. It is important to recognise that sometimes young people may need to leave their homes because of issues pertaining to themselves and not their families. For example, they may have been in an accident and their family are no longer able to care for them or provide the support that they need, or the child may present such difficult behavioural patterns that the family is unable to cope. Alternatively, the child could have been abused or exploited, meaning that they need to be cared for away from the family home in the interest of the child’s safety.
FamilyRelated Reasons
Bereavement
LAC are often very vulnerable. This is especially true when they have been affected by traumatic and damaging experiences such as abuse or rejection. They may have been through the trauma of family bereavement or loss and had to learn to internalise their emotions.
As a result of this, many young people have a lot of difficulty with their education and often fall behind. Their ability to concentrate is greatly affected, however school can often be the only stable factor or routine in a child’s life since everything else may seem chaotic. Parental Illness Hospitalisation, Mental Illness, Substance Abuse
The child’s parents could be temporary hospitalised which in turn means they may not be able to look after their child through no fault of their own, in which cases the child may be allowed to return home when the situation improves once more. In the meantime, they may spend this time away from home with temporary foster parents or in a children’s residential unit.
The length of time a young person is away from home depends on the circumstances and the level of risk the child is seen to be in. When it comes to family breakdowns, many factors come into consideration such as if it was due to mental illness or drug misuse. The family unit may potentially break down completely, and some higher risk factors (such as violence) can eventually lead to the child being removed from the unsafe environment permanently to erase the risk of any harm coming to the young person.
It essentially boils down to how at risk the child is seen to be and how serious the situation is. For example, a child who is being abused may need to be removed from that environment either temporarily or permanently for their own safety and wellbeing. If the parent had a partner or cohabitee that was abusing the young person, they would be removed but may be allowed back home once the risk of them any further harm was eradicated from the home, thus creating a safe environment for the child once more.
However, if the source of the abuse was the parent then the child may require separation from their home environment for an extended period of time or even permanently, which would require them to stay with foster parents, or within a residential home or school. These circumstances can be very difficult to handle for the child and they may result in the young person needing particularly sensitive care the child could perhaps even require therapy after a period of time or later in life in order to help them come to terms with what happened to them. Suspected or Actual Maltreatment
(As outlined in the case study above). When a child is the victim of maltreatment, it is important that they are removed from the unstable home environment to a less chaotic place, which may be with another family. Maltreatment includes neglect and abuse. These can both take many forms and some forms may be easier to spot than others. For example, physical abuse is much easier to spot than sexual abuse, and emotional neglect is much more likely to be overlooked than physical neglect.
ChildRelated Reasons
A child or young person may need to leave home because of their own healthrelated reasons, behavioural problems, learning difficulties, disabilities or mental health problems. It may even be because a young person has come into conflict with the law and committed an offence. Health problems
A young person may have an illness or condition that makes it difficult for the family to be able to care for and support them, which means that alternative arrangements might need to be made, either on a temporary or long term basis. The provision required may be specific for the child’s benefit, which may only be available outside of the family home. Behavioural problems
Stress
Stress at home can cause the child to perform poorly in school and fall behind. It can also lead the child to start misbehaving and indulging in things that they normally would not be interested in. It can also have an impact on emotional health and the behavior of the young person. Stress may be caused by an unstable home environment, or feeling unloved and left out. The child’s parents may not have the skills needed to bring up children, or the child could feel that unrealistic demands for achievements are being placed upon them and that far too much is expected of them.
Anxiety Anxiety disorders are quite common amongst young people, and it is suggested to treat chronic anxiety as early and as quickly as possible to make a great positive impact. If anxiety conditions are left undiagnosed or untreated, they may result in a disability, dysfunction and in some cases, even suicide.
Depression Childhood depression is a growing concern; it has many varied and stemming causes, and can lead to suicide if neglected. The young person may become unresponsive, withdrawn and not speak when in the company of others. Without treatment, depression can have serious consequences so finding the root cause of depression is absolutely necessary and though at times it can almost seem impossible, the professional working with the young person should keep trying, and the young person may need to engage in counselling and therapy.
OCD (Obsessive compulsive disorder) Children with OCD often engage in compulsions that help make them feel more incontrol of aspects of their lives. This can include making food, cleaning floors, tapping a wall 4 times before you can leave the room or flicking a light switch on and off 8 times. It is a disorder that is quickly growing amongst young people and could very easily get out of hand. It is extremely important that a young person gets help with OCD as soon as possible because the effects can cause suicidal thoughts and tendencies, as well as self mutilation. Phobias Phobias are often classified under anxiety disorders, but they have now become so common that they are being classified and dealt with as a separate issue entirely.
Panic disorders are also linked to phobias and these can have a devastating effect on a child.
Once again, in this situation early diagnosis and treatment are essential.
These are just a few examples but in certain cases, it may be seen that these behavioural issues are too difficult to handle for the parents and in these cases they may apply to the court for assistance where their child is then classified as ‘beyond parental control’. When a parent goes to court to lay a complaint, it is often as a last resort. The court can then rule to place the child in safe custody (eg Boys’ or Girls’ residential unit) for up to five weeks while an assessment is made to decide if they require counselling or if they need to be issued with a caution. If deemed necessary, the court can make an order with the parents where they can put the child into a children’s home for a period that does not exceed 3 years. Learning Difficulties
There are now many families in the UK that have children with Learning difficulties. A lot of families still find it hard to cope and don’t know how to care for or support their child as they feel they are unable to cope with the challenges a child with a learning disability presents,and may reject their child.
In such cases, it is deemed a good idea for the child or young person to be looked after outside the family home. For the majority of low risk cases, this is only for a temporary basis, and if the child requires specialist assistance it may to become a more long term or even permanent arrangement. Alternatively, temporary respite care can help the family relax and deal with their own needs so that they are better equipped and knowledgeable when it comes to the child returning home. Disabilities
Children and young people with disabilities may feel as though a lot of demands are being made on them and they may find it difficult to cope. Short term respite care may be an option, but they more than likely need a more long term provision. If the family home cannot provide for the specialist needs of the child or young person, alternative care may be sought. Child or Young Person Engaged in Criminal Behaviour
Family breakdowns or simply not feeling like they know how to cope with a stressful situation can cause a young person to feel like they have nothing left to give, and can develop into conflicted involvement with the law. This criminal activity may cause the young person to be remanded or detained. In total, the number of children and young people who have been remanded or detained make up than less 2% of the total number of children who have become looked after. When a young person is remanded or detained, it is usually a result of criminal charges and a care order may be made.
Depending on the severity of the crime, children could be out of their homes temporarily or permanently. If charged with petty theft for example, they may be placed in a normal residential unit temporarily and eventually released back home. However, if they have committed a much more serious crime, they will almost certainly be placed within a secure living unit on a much more permanent basis so that others will be protected from them.
P2 Quality care for a young person means that their physical, intellectual, emotional and social needs are being met and stimulated. When a child is placed into care, the first thing that should be done is for the social worker to take the child to a GP and have them medically assessed.
After this, an LAC should be assigned a named social worker, a named GP, a designated teacher at their school who has a responsibility for LAC and a named health visitor (for those under the age of 5) or school nurse (for young people aged 516). When a child is in residential care, there is a specialist nurse who supports young people in residential settings.
It is in the child’s best interests that any care provisions are established and organised, whenever possible in a mutually accepted way. In some cases, the family and parents have requested support and help, perhaps on a short term basis. The chance of a successful outcome is greatly increased in all parties (including other agencies involved) can agree on the partnership arrangements for the mutual care and support for the child.
Available Care
Temporary Care
Temporary care can be arranged for a child if the goal is to get them settled back in at home after a short stay away from the home environment. A number of assessments and procedures have to be completed before the care of a child or young person becomes temporary as there can be a number of options available. These can include staying with other immediate family, temporary foster parents or being placed in a residential care home/school, who have to have regular contact with Social Services and comply by a number of rules and regulations that keeps the child’s best interests and safety at bay. Permanent Care
Permanent care can be arranged for a child or young person if they are exposed to a significant risk of harm or their parents are no longer deemed fit to care for and support the child.
Again, a lot of assessments and procedures have to be completed before the care of a child or young person is to become permanent. An example would be a child who has been in foster care for a considerable amount of time and whose natural parents are deemed to be incapable of caring for a minor. Foster Care
Foster care is often a short term solution, but can become more long term as circumstances change. Foster carers are checked by the Local Authority to ensure they are suitable and competent to provide care in their own homes. They need to be adaptable, as they may be caring for a baby one day and an eight year old a week later. Children and young people in foster care can sometimes present very complex problems as they can be moved around a lot.
Respite Care
Respite care is usually decided in Advance and is a short term arrangement. Often the child or young person has learning difficulties or a disability and the family need a break. Respite care consists of a child spending some time in a residential establishment that caters for their specific needs. Residential Care
Children and young people may be taken into residential care for a number of reasons. Perhaps as respite for a family unit or as a temporary emergency situation in an abusive family situation.
Residential childcare may be arranged for children and young people with behavioural difficulties so that specialised staff are available to interact with them.
Residential care is also taken into account when a child or young person has come into conflict with the law, and is either remanded or detained in a young offender’s institutional unit. Adoption
Adoption is a formal, legal process in which the child or young person becomes a permanent member of a family other than their natural birth family. Sometimes, parents give up all responsibility for a child and offer that child or young person for adoption. Adoption can also follow the death of the child’s natural birth parents.
Legislation
There are many pieces of legislation that contribute to the quality of care that a child will receive: The Children Order NI (1995)
This legislation deals with the care, upbringing and protection of the child, and addresses a wide range of issues concerning the quality of care that a child will receive. For example, it brings up the protection of children from abuse whilst providing family support such as family centres so that families can stay together where possible and future abuse may be prevented. It also ensures that the child’s needs are met in cases of disputed custody and that there is regulation in the services provided to the child.
The most important part of this legislation relating to the quality of the care that the child will receive has to be the first principle the needs of the child are paramount, more important than anything else. This does not mean that children will get whatever they want, it means that their needs will be catered for and looked after at all times. It also means that if the child does not wish to see their parents they don’t have to, even if the parents want to see the child.
UN Convention on the Rights of the Child (UNCRC)
This is a legallybinding international agreement setting out the civil, political, economic, social and cultural rights of every child, regardless of their race, religion or abilities. This means that the 54 countries that have signed up with this have agreed to do everything they can to make
the rights a reality for children around the world. The implementation of the UNCRC is monitored by the Committee on the Rights of the Child.
Under the terms of the convention, countries are required to meet children’s basic needs and help them reach their full potential. The most fundamental part of this is the acknowledgment that every child has basic rights which include: ● The right to life
● The right to his or her own name and identity
● The right to be protected from abuse or exploitation
● The right to an education
● The right to having their privacy protected
● To be raised by, or have a relationship with, their parents
● The right to express their opinions and have these listened to and, where appropriate, acted upon
● The right to play and enjoy culture and art in safety to name a few. Staff working with LAC are responsible for making sure that when they are working with children, their practices are compliant with the Children Order and also the UNCRC.
The Data Protection Act (1998)
The Data Protection Act 1998 was implemented to give individuals a right of access to ‘personal data’. This personal data qualifies as any information held by a company that relates to an individual. For example, personal data can be collected when an individual purchases a good or service from a company. It can consist of contact, bank or any other necessary details needed for the exchange. However, it’s obvious that much of the data that is collected is very sensitive and could result in fraudulent activities against the individual if it were misused. This is regarded to be a direct breach of this piece of legislation. The Data Protection Act has 8 main principles. Information must be:
● used fairly and lawfully
● used for limited, specifically stated purposes
● used in a way that is adequate, relevant and not excessive
● accurate
● kept for no longer than is absolutely necessary
● handled according to people’s data protection rights
● kept safe and secure
● not transferred outside the
European Economic Area without adequate protection
1st principle any personal data collected by an organisation must be provided with the consent of the individual and they must be informed about what it will be used for. 2nd Principle personal information must not be processed in any manner that is not compliant with the original purpose for which it was collected. If a company wishes to use certain information for purposes other than the original, they must gain further permission from the individual. 3rd Principle all data collected must be necessary for the needs of the company. An organisation should not ask for or hold any personal data that is outside their concern. 4th Principle data controllers must ensure the information they use is accurate. This is because often the information held is sensitive and using it inaccurately could result in misrepresentation on behalf of the customer. 5th Principle e Data Protection Act states that a company must not hold onto data for any
T
h longer than is necessary. For example, if a company were to keep a credit card detail several years after a contract has terminated. Companies are encouraged conduct regular reviews of the personal data they hold and securely destroy any information that is no longer relevant. 6th Principle The individual’s rights that this principle refers to include:
● A right of access to a copy of their information which is held
● A right to object to processing their data
● A right to prevent processing for direct marketing
● A right to have inaccurate personal data rectified, blocked, erased, or destroyed
● A claim to compensation for damaged caused by a breach of the act 7th Principle If a company is holding and using data on behalf of a thirdparty, it is their duty to ensure it is kept secure. 8th Principle This means that any data relating to thirdparties must not be stored overseas.
Should a company wish to store personal data overseas, they must receive consent from the individual clients. They should also be given clear and free access to remove that data from storage when desired. The Human Rights Act (1998)
It means that you can defend your rights in the UK courts and that public organisations
(including the Government, the Police and local councils) must treat everyone equally, with fairness, dignity and respect. The Act sets out the fundamental rights and freedoms that individuals in the UK have access to:
● The right to life – protects your life, by law. The state is required to investigate suspicious deaths and deaths in custody;
The prohibition of torture and inhuman treatment – you should never be tortured or treated in an inhuman or degrading way, no matter what the situation;
Protection against slavery and forced labour – you should not be treated like a slave or subjected to forced labour;
The right to liberty and freedom – you have the right to be free and the state can only imprison you with very good reason – for example, if you are convicted of a crime;
The right to a fair trial and no punishment without law you are innocent until proven guilty. If accused of a crime, you have the right to hear the evidence against you, in a court of law;
Respect for privacy and family life and the right to marry – protects against unnecessary surveillance or intrusion into your life. You have the right to marry and raise a family;
Freedom of thought, religion and belief – you can believe what you like and practise your religion or beliefs;
Free speech and peaceful protest – you have a right to speak freely and join with others peacefully, to express your views;
No discrimination – everyone’s rights are equal. You should not be treated unfairly – because, for example, of your gender, race, sexuality, religion or age;
Protection of property, the right to an education and the right to free elections – protects against state interference with your possessions; means that no child can be denied an education and that elections must be free and fair.
Types of Services
There are 3 main types of Services when it comes to caring for the needs of children and young people. Universal These services are open to all children and young people and can be used by those people who need them.
Specialist
These services are very specialised (for the partially sighted or deaf people for example) and can be assessed by individuals who need the specific type of provision they offer.
Targeted
These services are designed for specific groups of people. For example, youth work is targeted at a specific age group and provides specific types of activities for young people.
People working directly with children:
Health visitors
Health visitors visit every family when a baby is born once the midwife is no longer needed. A health visitor is a nurse with further qualifications in other aspects of childcare who visits the family to advise and support new parents in a variety of situations. Many families only need the support of a health visitor for a short amount of time, however there are a large amount of families who require additional support and advice for a longer period of time.
Youth workers
Youth workers work with children and young people between the ages of 13 and 19. Usually in youth centres or schools, Which may include members of a youth offending team. Some youth workers work in less traditional ways as detached youth workers, trying to engage with young people who might be at more risk in the community. They may deliver programmes, supporting young people, working with parents and the community groups and undertaking other activities.
Organisation of Care provision
Care for children and young people is provided by multiple agencies including the government, local authorities and the third sector which consists of:
● The voluntary sector
● Independent providers
● Charitable organisations
All of these organisations cover the four countries of the united kingdom. The Government Department of Health
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NHS (National Health
Service)
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National Service framework for Children,
Young people and
Maternity Services
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Responsible for public health issues and monitoring/regulating the NHS
Aims to provide for public health and wellbeing with easily accessible services and highly qualified and dedicated staff
Involved in all types of health care, including for children and young people with learning difficulties/disabilities Has a duty of care to provide the appropriate resources and assistance for the family
Staff will work very closely with other agencies and multi disciplinary teams may be involved in the overall care plan for an individual
Established in 2004 and set the standards for the children’s health, social services and other related services Promotes and integrated approach to multi agency working when supporting children, young people and their families
Death of eight year old Victoria Climbie in 2000 was one of the reasons why the National Framework came into being.
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These guidelines offer a more cohesive approach, especially when dealing with children and young people. Local Authorities
Each local authority has a duty of care for children and young people and may become involved in all cases where they are at risk of not being cared for appropriately. They will provide help and assistance for families and in many cases will work in partnership, providing resources to keep the family together. However, there are other times when the authority must intervene for the good of the child. This might mean providing temporary care until a parent recovers from an accident or illness or it may involve removing the child to a place of safety until a danger is removed. Integrated Services
Integrated Children’s services plan to provide the best start in life for children. They draw together all the services, especially for those with special or specific needs. They will include education, health and social services and youth justice and will produce objectives for a more integrated approach
Children’s Services (LACS
Local Authority Children’s services in England)
Local councils in Scotland
Health and Social service
Care trust in Northern
Ireland
The Children Order NI 1995 introduced legislation to protect children and young people to a greater degree.
Children’s services throughout the Northern Ireland deal with education, health and social care issues related to children, young people and their families. They aim to provide an integrated approach and all the services provided are subject to inspection under the Children
Order NI 1995.
The Third Sector
Private nurseries usually cater for children from birth up until the age of 4. Staff are trained in early years, and there may even be staff that are working towards a relevant qualification.
The arrangements for childcare are usually made on an individual basis between the nursery and the family, as the provision required may vary. The family will pay a fee based upon the number of hours or sessions the child attends.
Childminders are suitably qualified individuals who use their own home as the setting for looking after children and young people. The venue and personnel involved undergo rigorous inspections and they must be trained and registered as local authority child minder.
Organisations such as Barnardo's, the NSPCC and the British Association for Adoption and
Fostering are nationally recognised for their work in caring for the needs of children and young people. They uphold the principle that the “welfare of the child is paramount” and are actively involved in increasing positive support for children generally and particularly those who are being looked after.
Regulation of Provision of Care
When a child or young person is cared for by people other than their birth family (school, nursery, foster care) certain regulations must be followed. Northern Ireland Social Care Council (NISCC)
This is the professional regulatory body for social workers, which has codes of practise that set clear guidelines for all those who are qualified to work with children and young people in social care. There is a register for all those who are qualified to work in the sector. In the same way that doctors and nurses are on a register and can be struck off, if they breach their professional code of conduct, social workers who display serious misconduct can be removed from the
NISCC register.