Benignus Ndubuisi – MSc in Applied Psychology

Philosophical and Professional Issues in Applied Psychology (PS7060)

Date of submission – 24/06/2013

Children first national guidance for the protection and welfare of children: A critical examination

Table of Contents

* Overview 3

* Children first national guidance and the Constitution 3

* Clinical relevance 8

* Conclusion 11

* References 12

Overview
This essay examined the Children First National Guidance (2011) document for the protection and welfare of children in Ireland. It focused on the rationale, aims, principles and policies of best practice in working with children; and through those principles and policies addressed the impact of the Children First National Guidance on the Government, parents/guardians, and individuals / organisations that work with children to promote their well-being. Overall, this current study defended the fundamental rights of children by upholding that their safety, health and well-being and that of their families and parents are central to the Irish Government’s policy of best care for children/family. However, as was supported by some constitutional amendment and the Children First National Guidance (2011) - in a situation of conflict between the child’s best interest and that of his/her parent’s, the welfare of the child is utmost. This research also examined the statutory responsibilities of the Health Service Executive and An Garda Síochána to effectively respond to and manage any concern about the safety and well-being of children. It identified some strengths of this key study text and ended by making some suggestions for the full realization of the holistic well-being and safety of all children in society.

Children First National Guidance and the Constitution
Following the numerous reports on different forms of institutional abuses meted out against children in the past and recent time in this country by those who had the authority and duty of care towards them such as the Ryan (2009), Murphy (2009) and Cloyne (2010) reports, there has been a significant, consistent, systematic, comprehensive and coherent approach and response by the Government, the Health Service Executive (HSE), the Gardai and other non-statutory agencies and organisations to ensure that children are kept safe and protected from harm now and in future. One of the Government’s efforts at doing this was the publication and launching of the Children First National Guidance (2011), whose implementation the Government has upheld by enacting some legislations that make it a statutory duty for every person working with children to comply with the Children First national Guidance (Fitzgerald, TD, 2011). Consequently, the recent Children First Bill 2012, Criminal Justice (Withholding of Information on Offences against Children & Vulnerable Persons) Act 2012 and the National Vetting Bureau (Children & Vulnerable Persons) Act 2012 seek to enhance its enforcement. For instance, part of Article 42A of the Irish Constitution states:
1 The State recognises and affirms the natural and imprescriptible rights of all children and shall, as far as practicable, by its laws protect and vindicate those rights.
2 1° In exceptional cases, where the parents, regardless of their marital status, fail in their duty towards their children to such extent that the safety or welfare of any of their children is likely to be prejudicially affected, the State as guardian of the common good shall, by proportionate means as provided by law, endeavour to supply the place of the parents, but always with due regard for the natural and imprescriptible rights of the child... (Thirty-first Amendment of the Constitution Bill 2012).
This whole Bill also ensures that no child will be discriminated against regardless of his/her parents’ marital status in consideration of child care proceedings, family law proceedings, access to adoption and deliberation of their best interests and views (Explanatory Memorandum, 2012). In the Children’s Rights Alliance interpretation of this Bill, it is argued that: “For the first time, the Constitution is able to take a child-centred approach to the protection of all children and allow the State to better support families who are struggling, rather than wait for a situation to reach crisis point” (Children’s Rights Alliance, 2012).

This constitutional amendment is aimed at complementing Article 41.1 of the Irish Constitution that recognizes the right of the family; which reads:
1° The State recognises the Family as the natural primary and fundamental unit group of Society, and as a moral institution possessing inalienable and imprescriptible rights, antecedent and superior to all positive law.
2° The State, therefore, guarantees to protect the Family in its constitution and authority, as the necessary basis of social order and as indispensable to the welfare of the Nation and the State.
These constitutional provisions are incorporated in the writing of the Children First National Guidance (2011). However, given numerous ignoble evidences of abuse of children in institutions, community settings and families, the Children First document, just like Article 42A of the Irish Constitution, endeavours to ensure “that children are safe and protected in all aspects of their lives – where they live, learn, pray and play” (Children First National Guidance, 2011:ix). Thus the Children First (2011) primary principles aim at promoting best practice within the HSE Children and family Services and An Garda Síochána, who according to the Child Care Act, 1991 and the Children First National Guidance (2011) are the statutory bodies for the promotion of children’s welfare and protection in the Irish society. These principles are: * The welfare of children is of paramount importance. * Early intervention and support should be available to promote the welfare of children and families, particularly where they are vulnerable or at risk of not receiving adequate care or protection. Family support should form the basis of early intervention and preventative interventions. * A proper balance must be struck between protecting children and respecting the rights and needs of parents/carers and families. Where there is conflict, the child’s welfare must come first. * Children have a right to be heard, listened to and taken seriously. Taking account of their age and understanding, they should be consulted and involved in all matters and decisions that may affect their lives. Where there are concerns about a child’s welfare, there should be opportunities provided for their views to be heard independently of their parents/carers. * Parents/carers have a right to respect and should be consulted and involved in matters that concern their family. * Factors such as the child’s family circumstances, gender, age, stage of development, religion, culture and race should be considered when taking protective action. Intervention should not deal with the child in isolation; the child’s circumstances must be understood within a family context. * The criminal dimension of any action must not be ignored. * Children should only be separated from parents/carers when alternative means of protecting them have been exhausted. Re-union should be considered in the context of planning for the child’s future. * The prevention, detection and treatment of child abuse or neglect requires a coordinated multidisciplinary approach, effective management, clarity of responsibility and training of personnel in organisations working with children. * Professionals and agencies working with adults who for a range of reasons may have serious difficulties meeting their children’s basic needs for safety and security should always consider the impact of their adult client/patient’s behaviour on a child and act in the child’s best interests (Children First National Guidance, 2011:4; Child Protection & Welfare Practice Handbook, 2011:3-4; Our Duty to care, 2002:4).

The adoption of these principles and the incorporation of their core rationale into the Irish Constitution as stated above mark a huge cultural shift in this country towards the recognition and appraisal of the irreplaceable and inalienable rights of children as human beings with ontological value, dignity and freedom (Children’s Rights Alliance, 2012). The implementation of these principles together with the Government’s policies as stated in the Children First National Guidance (2011), just as in many other States such as the United Kingdom, United States of America and other developed countries with similar principles/policies to safeguard children, will help to fish out some “bad apples” that perpetuate the abuses and neglect against children (Kay, Kendrick, Stevens, & Davidson, 2007).

The Irish Government’s policy undergirding the Children First: National Guidance is: * the welfare and safety of children, which is central to all Government policy;• * the promotion of and support for family life;• * the use of the minimum necessary intervention, in a timely way, to keep children safe;• * agencies working together to help children reach their full potential;• * agencies working together to provide safer and more effective services;• * the State and civil society working together to promote children’s welfare (Children First National Guidance, 2011:2).•

These policy statements reflect the fundamental principles undergirding effective work with children and support the constitutional rights of children and family, as stated earlier. These represent best practice in the interest of children (Fitzgerald, TD, 2011; Garda Statement, 2011; HSE Statement, 2011). A proper implementation of these policies and principles by the HSE social workers, and the Gardai and other front line paid or voluntary workers with children such as psychologists in responding to alleged or suspected children’s neglect or abuse, would help to promote children’s safety and well-being in society (Children First - Frequently Asked Questions, 2011). It is the statutory duty of the HSE to assess alleged or suspected abuse or neglect of children and to support its staff to efficiently achieve this task through its staff training, ongoing supervision and professional development. The HSE also supports children and their families affected by abuse or neglect by providing services such as counseling and other evidence-based intervention programmes to help them to build their coping, developmental and emotional skills (Children First National Guidance, 2011). And it is the responsibility of the Gardai to investigate alleged or suspected abuse or neglect of children (Children First National Guidance, 2011).

Consequently, the Children First (2011) document highlights the multidisciplinary nature, inter-agency cooperation and collaboration between the Government, statutory bodies and other non-statutory organisations and community agencies in keeping children safe and healthy in society. Unlike the Children’s First Guidelines 1999 edition, this current National Guidance is more user friendly, reflects the development of some new agencies such as HSE, HIQA and the new Department of Children and Youth Affairs (Fitzgerald, TD, 2011). It also takes on board the lessons from the various published reports on institutional abuses of children and some new Constitutional/legislative changes in dealing with children (Children First - Frequently Asked Questions, 2011), as stated earlier in this essay. It creates more public awareness on the ills of neglect and abuse, and sensitizes individual adult’s conscience to be vigilant and to report any noticeable threat to the safety and welfare of children to the HSE Children and Family services or the Garda (Children First National Guidance, 2011). It emphasizes professional responsibility/accountability of all staff working with children to promote their well-being. It stresses that every organisation working with children complies with this Government’s guidance by sharing vital information responsibly, regularly and effectively, and cooperating with all relevant services in the best interests of children (Children First National Guidance, 2011). Overall, it brings “greater clarity to individuals and organizations seeking assistance in identifying and responding appropriately to child abuse and welfare concern” (Children First - Frequently Asked Questions, 2011:6).

To properly achieve these goals, the Children First (2011) document stipulates some procedures for the identification, reporting and management of suspected abuses and neglect of children by individuals and organizations. Some wider responsibilities laid down for organisations working with/for children include: * promoting the general welfare, health, development and safety of children; * adopting and consistently applying a safe and clearly defined method of recruiting and selecting staff and volunteers; * developing guidance and procedures, in accordance with Children First, for staff and volunteers who may have reasonable grounds for concern about the safety and welfare of children involved with the organisation; * identifying a designated liaison person to act as a liaison with outside agencies and a resource person to any staff member or volunteer who has child protection and welfare concerns. The designated liaison person is responsible for reporting allegations or concerns of child abuse to the HSE Children and Family Services or to An Garda Síochána; * ensuring that the organisation has clear written procedures on the action to be taken if allegations of abuse against employees or volunteers are made; * raising awareness within the organisation about potential risks to children’s safety and welfare; * developing effective procedures for responding to accidents and complaints (Fitzgerald, TD, 2011; Children First National Guidance, 2011:5).

Clinical relevance
The implications of these propositions to an applied or a clinical psychologist working with children and families in this State today is enormous. First, the psychologist (just like any other professional working with children) would have to be familiar with what abuse and neglect are, what constitutes an abuse or neglect, be open to its possibility, look out for signs, record relevant information and report in good faith and in a timely manner, any reasonable grounds of suspicion of abuse or neglect of children to the designated officer in his/her place of work (Children First National Guidance, 2011). Furthermore, in case of any client’s disclosure of child abuse or neglect be it by an adult or child during therapeutic relationship, confidentiality may be breached. Consequently, there is no secrecy or guarantee of absolute confidentiality during therapeutic relationship or other clinical works with clients. This is clearly stated in the section on confidentiality of the National Guidance document:
The effective protection of a child often depends on the willingness of the staff in statutory and voluntary organisations involved with children to share and exchange relevant information. It is therefore critical that there is a clear understanding of professional and legal responsibilities with regard to confidentiality and the exchange of information.
All information regarding concern or assessment of child abuse or neglect should be shared on ‘a need to know’ basis in the interests of the child with the relevant statutory authorities.
No undertakings regarding secrecy can be given. Those working with a child and family should make this clear to all parties involved, although they can be assured that all information will be handled taking full account of legal requirements (Children First National Guidance, 2011:16).

This obligatory reporting of abuse may negatively affect the therapeutic relationship/alliance between clients and therapists, which is vital for effective client’s recovery (Del Re et al., 2012; Kazdin & Durbin, 2012), by rupturing client’s trust in the therapist if proper steps were not initially taken by the therapist to explain the legal implication of the limitations of confidentiality with regard to any disclosed child abuse/neglect during therapy (Del Re et al., 2012). The Psychological Society of Ireland (PSI) in its code of professional ethics (2011) gives only a little help in this regard. It upholds the dignity and right of clients/staff to personal privacy and advices that people’s confidential data can only be shared with their informed consent, “except as required or justified by law” (Code of professional ethics of PSI, 2011:6). Nonetheless, it may be more helpful for the PSI to put some basic procedure or protocol in place to help its member deal with this sensitive issue.

Furthermore, another challenge that the implication of the Children First National Guidance (2011) document might pose to the practicing psychologist is the dilemma of the legal definition of who a child actually is and who should or should not be admitted into therapy by the psychologist or other healthcare professionals (Shannon, 2007). According to the Children First document and the Child Care Act 1991, a child is any person below 18 years of age, who is not or has not been married (Children First National Guidance, 2011). There is of yet in this State no definitive legal framework clarifying the proper rights of children (minors) to consent to medical treatment such as counseling (Law Reform Commission Report Children & the Law: Medical Treatment, 2011). Consequently, in the interest that the best practice for children’s health and wellbeing be held paramount at all time and in every situation (Children First National Guidance, 2011), it may be necessary for a precise and a clear legislation to be introduced in this regard (Shannon, 2007); should there be any conflict between a child and his/her parent with regard to the child’s overall health/mental welfare.

Lastly, the general sentiment and objective of the Children First document is on the avoidance of abuse or neglect as a way of maintaining the mental and holistic health/wellbeing of children through the identification, reporting and management of reported cases of abuse or neglect (Child Protection & Welfare Practice Handbook, 2011; Children First National Guidance, 2011). Hence, emphasis was laid on the protection of children from abuse through establishing certain protocols for effective and transparent reporting, management, review and monitoring of abuse cases. Little was said about ways of enhancing the parenting skills of parents who are already trying to fulfil their primary responsibility of promoting the safety and welfare of their children (Children First National Guidance, 2011), who may also need some ongoing support from the Government in order to acquire some evidence-based positive parenting skills. Accordingly, the approach adopted by the Government in the Children First National Guidance (2011) is the intervention-based model of care, which focuses on the reduction of symptoms of diseases or other health problems and the prevention of relapses (in this case abuses) through treatment (Gladis, Gosch, Dishuk, &Crits-Christoph, 1999), punishment or rehabilitation of offenders. This may be correctly so at the time of the publication of the Children First document, given the seriousness and pervasiveness of the reported abuses/neglect. However, a further consideration by the Government and the HSE might be to also adopt a preventive model of care in the enhancement of the rights and well-being of children in families by supporting parents and guardians to improve on their parenting skills; since “research indicates that most abuse occurs in the family home” (Children First National Guidance, 2011:2).

This preventive model of care maintains individual/community health by promoting wellbeing of the general population (Huppert, 2009; Keyes, 2002). Programmes such as Incredible Years and Parents Plus enhance the wellbeing of children and their families by improving the positive parenting skills of parents/guardians (Sharry, 2008; Webster-Stratton, 2006). Currently in Ireland, these programmes are usually used for intervention, as a support or treatment for parents whose children have disabilities or developmental delays. However, I suggest that these programmes could be used to enhance the general wellbeing and health of the entire population by helping parents/guardians acquire more skills to better care for their children and families. This is in line with the principles undergirding the best practice for working with children as is outlined/developed in the Children First National Guidance (2011) and is supported by the Irish Constitution and this Government’s policy at supporting parents/carers and indeed all professionals to carry out their duty of care in a responsible, competent and transparent way.

Conclusion
This study has investigated the importance of safeguarding children’s welfare and safety in the Irish society. It discussed the numerous obligations, duties and responsibilities of the Irish Government and some statutory and non-statutory bodies, individuals and community towards promoting the safety and happiness of the young people in society. Overall, it recommended an effective, transparent, collaborative and interdisciplinary approach towards ensuring that all children are safe and protected from harm in community.

References
American Psychiatric Association (2000). Diagnostic and statistical manual of mental disorders. Fourth edition Text revision (DSM-IV-TR). Arlington, VA: American Psychiatric Association.

Child Care Act (1991). Irish Statute Book. Ireland: Office of the Attorney General. Retrieved on June 15, 2013 from http://www.irishstatutebook.ie/1991/en/act/pub/0017/print.html

Child Protection and Welfare Practice Handbook (2011). Naas. Dublin 8: Health Service Executive. Retrieved on June 21, 2013 from http://www.hse.ie/eng/services/Publications/services/Children/WelfarePractice.pdf

Children first: National guidance for the protection and welfare of children (2011). Department of Children and Youth Affairs. Dublin: Government Publications. Retrieved on May 15, 2013 from http://www.dcya.gov.ie/documents/child_welfare_protection/ChildrenFirst.pdf

Children first - frequently asked questions (2011). Department of Children and Youth Affairs. http://www.dcya.gov.ie/documents/child_welfare_protection/Children_First_-_Frequently_Asked_Questions_2011.pdf

Children’s Rights Alliance. Retrieved on 27 December 2012 from http://childrensrights.ie/campaign/childrens-rights-and-constitutional-reform

Cloyne (2010). Commission of Investigation: Report into the Catholic Diocese of Cloyne. Retrieved 20 June, 2013 from http://www.justice.ie/en/JELR/Cloyne_Rpt.pdf/Files/Cloyne_Rpt.pdf

Code of professional ethics of the PSI (2011). (Revised November 2010). The Psychological Society of Ireland: Dublin 2. Retrieved on 22 June 2013, from http://www.psychologicalsociety.ie/find-a-psychologist/PSI%202011-12%20Code%20of%20Ethics.pdf

Constitution of Ireland: Enacted by the People 1st July, 1937, In operation as from 29th December, 1937. Retrieved on 28 December 2012 from http://www.taoiseach.gov.ie/attached_files/html%20files/Constitution%20of%20Ireland%20(Eng)Nov2004.htm

Criminal Justice (Withholding of Information on Offences against Children & Vulnerable Persons) Act 2012 (2012). Irish Statute Book. Office of the Attorney General. Retrieved on June 16, 2013 from http://www.irishstatutebook.ie/pdf/2012/en.act.2012.0024.pdf

Del Re, A.C., Flückiger, C., Horvath, A.O., Symonds, D., & Wampold, B.E. (2012). Therapist effects in the therapeutic alliance–outcome relationship: A restricted-maximum likelihood meta-analysis. Clinical Psychology Review, 32(7), 642–649.

Explanatory Memorandum: Thirty-First Amendment of the Constitution (Children) Bill 2012. Retrieved on 28 December 2012 from http://childrensrights.ie/sites/default/files/submissions_reports/files/Oireachtas-31stAmendmentConstitutionBill2012_180912.pdf

Fitzgerald, F. (2011). Speech by Frances Fitzgerald, TD, Minister for Children and Youth Affairs at the Launch of Children First: National Guidance for the Protection and Welfare of Children, Friday, 15th July, 2011 at Coach House, Dublin Castle. Department of Children and Youth Affairs. Retrieved on June 19, 2013 at http://www.dcya.gov.ie/viewdoc.asp?fn=/documents/speeches/150711childrenfirst.htm

Garda Statement: Launch of Children First National Guidance Document. Dublin Castle. Friday 15th. July, 2011. Assistant Commissioner Derek Byrne, National Support Services. Department of Children and Youth Affairs. Retrieved on June 19, 2013 at http://www.dcya.gov.ie/viewdoc.asp?fn=/documents/Child_Welfare_Protection/childrenfirstgardastatement.htm

Gladis, M. M., Gosch, E. A., Dishuk, N. M., & Crits-Christoph, P. (1999). Quality of life: Expanding the scope of clinical significance. Journal of Consulting and Clinical Psychology, 67, 320-331.

HSE Statement: Children First National Guidance (2011). Department of Children and Youth Affairs. Retrieved on June 19, 2013 at http://www.dcya.gov.ie/viewdoc.asp?fn=/documents/Child_Welfare_Protection/childrenfirst-hsestatement.htm

Huppert, F. A. (2009). A new approach to reducing disorder and improving well-being. Perspectives on Psychological Science, 4(1), 108-111.

Kay, H., Kendrick, A., Stevens, I., & Davidson, J. (2007). Safer Recruitment? Protecting Children, Improving Practice in Residential Child Care. Child Abuse Review, 16, 223-236.

Kazdin, A.E. & Durbin, K.A. (2012). Predictors of child–therapist alliance in cognitive–behavioral treatment of children referred for oppositional and antisocial behavior. Psychotherapy, 49(2), 202-217.

Keyes, C. L. M. (2002). The mental health continuum: From languishing to flourishing in life. Journal of Health and Social Research, 43, 207-222.

Law Reform Commission Report Children and the Law: Medical Treatment (2011). Law Reform Commission (LRC 103 - 2011). Retrieved on June 10, 2013 from http://www.lawreform.ie/_fileupload/Reports/Children%20and%20the%20Law103%202011.pdf

Murphy, Y. (Chairperson), (2009). Commission of investigation report into the Catholic Archdiocese of Dublin. Retrieved 28 Feb, 2011 from http://www.inis.gov.ie/en/JELR/Pages/PB09000504

National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (2012). Irish Statute Book. Office of the Attorney General. Retrieved on June 16, 2013 from http://www.irishstatutebook.ie/pdf/2012/en.act.2012.0047.pdf

Our duty to care: The principles of good practice for the protection of children & young people (2002). Department of Health & Children. . Retrieved on June 20, 2013 at http://www.dcya.gov.ie/documents/publications/ODTC_Full_Eng.pdf

Ryan, S. (Chairperson), (2009). Commission to inquire into child abuse. Volumes 1-5. Dublin: Stationery Office.

Shannon, G. (2007). Report of the Special Rapporteur on Child Protection: A Report Submitted to the Oireachtas. Retrieved on June 13, 2013 from http://www.dcya.gov.ie/documents/child_welfare_protection/Report_of_Special_Rapporteur_on_Child_Protection_Geoffrey_Shannon.PDF

Sharry, J. (2008). Positive Parenting: Bringing up responsible, well-behaved and happy children. Dublin, Ireland: Veritas Publications.

Thirty-First Amendment of the Constitution (Children) Bill 2012. Retrieved on 28 December 2012 from http://childrensrights.ie/sites/default/files/submissions_reports/files/Oireachtas-31stAmendmentConstitutionBill2012_180912.pdf

Webster-Stratton, C. (2006). The Incredible Years: A trouble-shooting guide for parents of children aged 2-8 years. Seattle, WA. US: The Incredible Years.

--------------------------------------------
[ 1 ]. Children’s Rights Alliance is a coalition of over 100 organisations working together to secure the rights of children in Ireland.