68121 Social Work Now #20
Transcription
68121 Social Work Now #20
The Practice Journal of Child, Youth and Family Te Hautaka ako te Tari Awhina i te Tamaiti, te – Rangatahi, tae atu ki te Whanau How to navigate around this PDF This document is an interactive PDF. The following instructions tell you how it works. 1. Starting at the Contents page, click on the article you wish to read 2. When you’ve finished reading the page, click on the page number situated at the bottom of the page. This will take you the next page. 3. When you’ve finished reading the article click on the small icon at the end of the last paragraph and it will take you back to the contents page. 4. If you would like to zoom in or out, use the Control and “+” or “-” keys on your keyboard. CLICK HERE TO BEGIN 20 DECEMBER 2001 Contents 02 Adrian Whale Editorial 05 Ian Lambie, Shane McCardle and Ray Coleman examine firesetting behaviour in children and adolescents Editor Mark Derby Editorial Advisory Panel Paula Attrill Manager, Taranaki Site 12 Ashley Seaford describes the development of an effectiveness framework for residential centre grievance panels Libby Bibby Quality Analyst, Nelson Sarah Gillard National Approvals Advisor, Contracting Group, Auckland Stewart Love Practice Manager, Papakura 16 theoretical and practical approach to supporting children experiencing change, loss or grief 22 Fiona Coy considers the importance of international conventions such as UNCROC to Eileen Preston Practice Consultant, Adoptions South Nicola Taylor Practice Manager, Dunedin Pauline Dickinson and Lois Tonkin provide a social work in this country 28 Alison Blaiklock suggests how the growing international movement in the interests of children Piri Te Tau Service Team Manager (Te Röpu), Masterton and young people will change social work practice All correspondence to: The Editor Social Work Now PO Box 2620 Wellington Phone 04 918 9162 Fax 04 918 9298 Email: [email protected] 33 Paula Crimmens describes the benefits of drama therapy for social workers 37 Legal Note considers the effect of confidentiality on Family Court proceedings 40 Book reviews Production Dunham Bremmer ISSN 1173-4906 ©CHILD, YOUTH AND FAMILY Social Work Now is published three times a year by the Department of Child, Youth and Family Services. DECEMBER Views expressed in the journal are not necessarily those of Child, Youth and Family. Material 2001 20 may be reprinted in other publications only with the prior written permission of the editor and provided the material is used in context and credited to Social Work Now. Editorial A PRECIOUS GIFT OF HOPE Adrian Whale offers a social services provider response to the New Directions strategy Each life is a gift filled with wonder and glory, policy direction; changes to government priceless, fragile and irreplaceable and it is departments’ structure, practice and budgets; because all lives are precious that the tree of and changes to the relationships between peace has justice for its roots. government and community providers.1 This quote from the World Council of Churches The New Zealand Council of Christian Social has become stunningly real for me over recent Services (NZCCSS) approaches these changes weeks. On 10 September, my whole world through the lens of its mission – a commitment changed with the birth of our first child. At the to giving priority to the poor and vulnerable same time two parents were born, eager to learn members of our society. Families with children from every new experience but feeling somewhat who are disadvantaged by poverty, poor housing inadequate to face the challenge alone. The next or other causes continue to be the most day, 11 September, the world collapsed. vulnerable in our communities. Our Poverty Indicator Research has found that 40-60% of Two things have been reinforced since that households going to foodbanks have children in week. First, relationships matter. Secondly, them – the majority are in single-parent families.2 children are a precious gift of hope, be they Afghan refugees, New York orphans or my own When children are at risk or their families are in daughter. All have the potential for good or evil, difficulty, the response by their community, depending on how they are treated by those including social services agencies and who surround them. Government, is critical to their future wellbeing. From my organisation’s perspective, Both those thoughts underpin the work that is improving child well-being can be achieved only undertaken by many of the organisations that by improving relationships between those provide services to children and young people in working towards this goal. Key to improving New Zealand. Those services are currently facing relationships is the need to build up trust and a large number of changes – changes to social SOCIAL WORK NOW: DECEMBER 2001 respect and to come to a shared understanding 02 1 Wanting the Best for Children and Families in Aotearoa NZ, NZCCSS, September 2001. 2 NZCCSS Poverty Indicator Project Summary Report, August 2001. of each other’s roles and limitations. This will A more open and inclusive process is likely to occur only if people in all sectors are committed encourage buy-in from community providers, to making it happen.3 but funding is required to further develop this capability. Despite the latest Budget injection to It is therefore pleasing to see that Child, Youth Child, Youth and Family, there is little money and Family’s New Direction Strategy has as one available to take the pressure off the community of its three major components, ‘improving sector. This focus will need to change in relationships with communities to achieve better subsequent years if the Department and outcomes for children and their families’. Government want to achieve the outcomes set out in the New Directions initiative. In the past, NZCCSS has raised a number of concerns about the reasons that have caused Finally, it is important to remember that although community agencies to lack confidence in Child, New Directions sets out to advance the well-being Youth and Family. These centre on the need for of children, young people and families, this social services to feel they are involved in true strategy can only go so far in improving the collaboration and to build up trust and circumstances for many families. It does not confidence in Child, Youth and Family. strengthen the community sector’s capacity to If this relationship is to improve, the Department improve early intervention services and cannot needs to view social services not just as tackle issues to ensure adequate income, housing, deliverers of services but as an essential part of health care and education. Nor does it address all the local planning and direction-setting process. the specific recommendations laid down by Mick Voluntary and community organisations have Brown in last year’s review of the Department, the potential to bring many different resources, such as establishing an independent body ‘to voices, energies and innovative ideas into monitor performance and reassure public building a better relationship. If the outcome is perceptions’. For these things to occur, the to be the ‘best of both worlds’, Child, Youth and Government needs to finalise a coherent set of Family will need to balance its own requirements child-centred policies that establishes a with those of voluntary organisations. collaborative, whole of community response to support families to meet the needs of our children. There is still the risk of Child, Youth and Family placing more work and responsibility on to the It is easy to become cynical about a department sector without giving community organisations that has promised a better system in the past the time to think through and discuss the but has not delivered. However, from our implications, or, alternatively, a risk that the perspective there are positive indications that Department will ignore the views and ideas that Child, Youth and Family is committed to the sector comes up with and fail to learn from fulfilling the promises made in New Directions. our thinking and direct experience. These include: .. . 3 the Department’s acknowledgment of past mistakes Two initiatives are underway: (1) The Ministry of Social Development is working on a whole-of-sector blueprint that involves a range of government departments and community groups, with the aim of improving outcomes for children and their families. (2) Child, Youth and Family is holding Future Search Conferences in November/December that bring together a crosssection of government and non-government people concerned with the future of services to children and young people. 03 SOCIAL WORK NOW: DECEMBER 2001 .. . .. . .. . .. . its acknowledgment of the effective role that NZCCSS and other community organisations have played over the past decade as advocates for change its officials’ view of themselves as part of the continuum of child and family well-being, not in charge of everything the recent changes in the contract process at a local level and the improved relationship that this has brought about in some areas the positive relationships developed between NZCCSS and Child, Youth and Family officials at a policy level. Taken together, these are signs of goodwill that signal to us that change is likely to occur eventually but certainly not immediately. Substantial time and effort need to be spent on establishing a shared vision and getting the whole system right, rather than trying to take a piecemeal approach or to find quick solutions. Adrian Whale is the executive officer of the NZ Council of Christian Social Services SOCIAL WORK NOW: DECEMBER 2001 04 Children with a burning desire Ian Lambie, Shane McCardle and Ray Coleman examine firesetting behaviour in children and adolescents Earlier this year a group of New Zealand young Prevalence of childhood firesetting people were charged with burning a high school Firesetting and arson by young people is building to the ground. Why would adolescents estimated to account for up to 40% of fires lit in behave in such a way? This article outlines the the United States (Mieszala, 1981) and about 20% prevalence of firesetting behaviour in children of fires reported in Melbourne (Melbourne and adolescents, suggests why they would Metropolitan Fire Brigade Annual Reports, 1986- engage in such behaviour, and identifies what 1992). Comparable statistics are not currently interventions should be undertaken to address it. available in New Zealand, although research is being undertaken which will shed light on this. Introduction Currently the Fire Service in Auckland alone The recognition of firesetting in young people is deals with up to 220 new cases each year, with relatively new to New Zealand mental health an annual increase of approximately 10% (New and social services. Despite the relatively rare Zealand Fire Service, 1997). publicity given to firesetting, incidents of The FBI crime index trends show that, between deliberately lit fires have increased by 25%, from 1986 and 1999, children and adolescents approximately 4,000 in 1996 to over 5,000 in accounted for 40-55% of arrests for arson 1997 (New Zealand Fire Service, 1997). The (Bradish, 1999). In 1995 alone, children playing damage caused by such destruction is varied and with fire resulted in 96,020 fires being reported costly. There is the emotional cost on individuals to fire departments in the United States. They who have their property burnt and at times the caused $286.7 billion in property damage and physical and emotional effects from people 304 deaths. Child and adolescent firesetting in dying or being burnt in fires. Both the emotional New Zealand is also a significant problem which, and physical scars of fire remain with individuals until relatively recently, received little attention for the rest of their lives. Financially, the cost of from child and youth counselling agencies. arson is thought to run to millions of dollars each year as houses, cars and school classrooms are set alight. 05 SOCIAL WORK NOW: DECEMBER 2001 Firesetting Defining a child’s involvement with fire Around the age of 10, most children have learnt Interest in fire by young people can be viewed the rules of fire safety and are able to engage in on a natural continuum of psychosocial appropriate fire activities and behaviours while development (Gaynor and Hatcher, 1987). under supervision. Yet for a minority of children, Gaynor (1996) believes there are three main the curiosity of lighting a fire for the first time developmental phases related to fire: fire leads to increased fascination and preoccupation. interest, fire play and firesetting. Each category A deliberate and intentional motive to light fires indicates an increasing level of involvement by is termed ‘firesetting’, and children displaying the child in fire-related activities. As a child such a motive are considered at risk of repeating passes through these phases, they have the these behaviours. The terms ‘firesetting’ and opportunity to learn age-appropriate firesafe ‘arson’ are often confused; however, arson is a behaviours and hence to respect fire. legal term defined as intentional and wilful Fire interest firesetting with an awareness of the potential Fire interest typically occurs between three and consequences of this behaviour. five years of age and is evidenced by the child asking questions about fire (eg ‘What will Classification of firesetters happen if I touch that heater?’) and/or by their Theorists have attempted to classify child and play including fire (eg model fire engines, adolescent firesetters into particular firesetting dressing up as firemen). An interest in fire is a groups depending on their motivation, normal part of child curiosity about the world, psychological state, or diagnostic category, and a study of classroom children has shown what is set on fire and whether the fire set is that almost all children display an interest in fire self-focused or other-focused. This is thought to (Kafry, 1980). reflect their perceived risk of setting fires in the Fire play future. The groupings are not exclusive, with Between the ages of five to nine, experiment- firesetters having multiple motives (Fineman, ation around fire takes place. Such behaviour is 1980, 1995). According to Kolko (1999), there are typically observed in boys and involves four commonly used classifications: experimenting with matches. Firesafe habits are .. . developed when the child is supervised by an adult (eg in lighting candles or fire). These behaviours are as normal a part of children’s .. . education about their environment as learning to cross the road. However, by this age many .. . children may participate in unsupervised fire play which may lead to disastrous consequences such as house fires. Fortunately, most .. . unsupervised fire play is an isolated event whose motive is purely curiosity. Should the fire get out of control, such children either try to extinguish the fire or seek assistance to do so (Gaynor and Hatcher, 1987). SOCIAL WORK NOW: DECEMBER 2001 06 Curiosity firesetters typically light a single fire, usually by accident. The motive is curiosity/experimental. Pathological firesetters light fires that are frequent, destructive, concealed and planned. ‘Cry for help’ firesetters set fires as a conscious or unconscious response to emotional, psychological or physical distress. Delinquent firesetters set fires as a part of generalised antisocial and delinquent behaviour and may do so in the company of peers. TABLE 1 Pathological firesetting Gaynor and Hatcher (1987) describe pathological FACTORS DISTINGUISHING FIRE PLAY AND PATHOLOGICAL FIRESETTING (FROM GAYNOR, 1996). NOTE: This is a proposed model and has not been tested in research. Hence, caution should be taken when applying it to firesetting children. firesetting as occurring for a period of at least six months. The behaviours are planned, ignition Factor Fire play Firesetting History Single episode Recurrent person’s home in an isolated place to avoid Method Unplanned Planned detection. Once the fire is started, an attempt Motive Accidental/curiosity Intentional may be made to gather other flammable Ignition Available Acquired Target Non-specific Specific Behaviour Extinguish fire Run away materials (eg lighters, petrol) are often used, the firesetting typically occurs close to the young materials to assist it to spread. These children may typically set the fires for reasons such as revenge and anger, attention-seeking, boredom and fascination. Should the fire get out of Case studies of child and adolescent firesetters control, the young person is unlikely to seek help to put it out. Instead they may run away or Sam – eight years of age sometimes stay close by to watch the arrival of Reason for referral: Sam found a container of fire engines. motor-mower petrol in the garage and set a few Moore, Thompson-Pope and Whited (1996) found small fires with it. His mother said she has also that the firesetting adolescents proved to be noticed an increase in other behavioural more pathological overall, with significantly problems in the past six months. She contacted higher scores on the clinical scales of the Fire Awareness and Intervention Programme psychasthenia, schizophrenia and mania. They (FAIP) unit (see below) for assistance. report that these scales represent symptoms and History: Sam lives with his mother, stepfather pathology associated with conduct problems. and younger brother. His contacts with his The firesetting adolescents also had more father are sparse, on weekends only, and then pathological scores on content scales, reflecting maybe once a month. Sam has been diagnosed feelings of distress, alienation, thought disorder with Attention Deficit Hyperactivity Disorder and poor reality testing. This profile represented (ADHD). He gets on very well with his young ‘complex internalised symptomatology as well as brother and his family. He idolises his father and having a greater likelihood of acting out’ (Moore at times threatens to his mother that he will go et al, 1996, p. 123). The authors felt the results and live with him. The firesetting activity has were consistent with the assertion that often taken place after Sam has returned from a firesetting is a manifestation of both anxiety and weekend with his father, and his general anger, and as a more complex level of antisocial behaviour also deteriorates for a few days. behaviour than conduct disorder (Kolko and Intervention: Sam’s fire play and general Kazdin, 1988). behaviour were explored with him and his mother over two visits to the FAIP unit. He appeared outgoing and impulsive, gave information freely and was open in his 07 SOCIAL WORK NOW: DECEMBER 2001 description of his fire play. A list of the dangers growing up. Mark told the Fire Service that and positive aspects of fire was developed with when he gets angry or bored, he breaks things or Sam. The consequences of adverse fire activity lights fires. He expressed a liking for danger and were discussed, and Sam was shown video and activities that will give him an adrenaline rush. photographic material (with his mother’s These activities have included jumping in front consent) to reinforce the negative aspects of of cars, and climbing up on house roofs and fire. He was also given a FAIP workbook to then jumping off. He has also been known to complete and agreed to use a star chart to self-mutilate with a cigarette lighter. His monitor his fire play. grandmother died about a year before the escalation of his fire and other behaviour It appears that Sam’s fire activity and behaviour problems, and he constantly referred to her decline is part of a general pattern of ‘acting- during our talks. He started to go to counselling out’ behaviour that occurs following visits to his but stopped because he decided that everyone father. Sam’s father placed no boundaries on was picking on him. him, and Sam was allowed to do pretty well what he wanted there. He appeared to have Intervention: Mark had a very close relationship great difficulty in getting back on track when he with his grandmother, and when she died he was came home to his mother. Once Sam’s father was left to his own devices and his grief was never made aware of the problem, he contacted Sam’s addressed. Mark talked about his brother always mother and together they put common picking on him, his parents not seeming to care, boundaries in place. No further fire activity has and then his grandmother leaving him as his main been reported, and Sam has successfully issues. His firesetting appears to have its roots in completed his star chart. the family history. There is a real danger that he may set a fire that will burn out of control and Mark – 13 years of age not only destroy property but endanger life. He is Reason for referral: Mark inserted a screwdriver also putting himself at risk with his adrenaline- into a light socket and caused a small explosion. He seeking and self-harming behaviour. had also been lighting paper with the gas heater. His mother contacted the FAIP unit for help. Mark was referred for psychological assessment and counselling, as his behaviour was beyond History: Mark has been diagnosed with ADHD. what the FAIP could address. The Fire Service His firesetting dates back to when he was three continued to work on his firesetting in tandem years old and has included setting fires in the with the psychologist. A slow but steady garage, putting paper into the gas heater, improvement in Mark’s behaviour has occurred. setting fires in his bedroom and in the lounge, burning plastic toys, and putting objects into The frequency of firesetting light sockets. Firesetting is thought to be a highly repetitive behaviour. Kolko and Kazdin (1988) found that 52- Mark lives with his biological parents and has an 72% of firesetters from mental health services older brother 15 years his senior. reported setting two or more fires. Intervention Mark’s mother stated that his brother had programmes in the USA find that 50-65% of attempted to kill him when Mark was a baby and firesetters report repetitive histories (Kolko, 1988). physically and emotionally abused him while SOCIAL WORK NOW: DECEMBER 2001 08 However, little is known about recidivism of families, and have antisocial peers. Interventions firesetting following treatment. There have been with such youth need to be comprehensive and only a small number of published studies, and include the young person’s family system, and it these have varied greatly in methodology and is to this issue that we will now turn. report disparate results: 9% (Strachan, 1981), 23% (Stewart and Culver, 1982), 35% (Kolko and Psychological intervention and treatment Kazdin, 1992) and 59% (Kolko, 2001). Intervention programmes have reported much The Fire Awareness and Intervention Programme – New Zealand Fire Service lower recidivism rates: 1.4%, 6.3% (Kolko, 1988) For the past eight years, the New Zealand Fire and 3% (Kolko, 2001). The New Zealand Fire Service’s youth liaison programme has been Service reports a recidivism rate of between 5 running an intervention programme for children and 10% (New Zealand and adolescents Fire Service, 1997). who engage in Research has reported a variety of factors associated with recidivism. Kolko and Kazdin (1992) found Repeat firesetters are more likely to have a range of antisocial and behavioural problems, come from dysfunctional families, and have antisocial peers deliberate or curiosity firesetting. The aim of the programme is to increase the child’s understanding of recidivism was associated the elements of fire, with parents’ reports of develop fire safety greater than usual hostility and carelessness, lax awareness, and change firesetting behaviour. It is discipline, family conflict, and exposure to targeted at children and families with fire-related stressful events. The families of recidivists have behaviour problems. been characterised by greater conflict and less organisation than those of non-recidivists. The The young person is visited in their home by a recidivist firesetters have been characterised by trained firefighter (youth liaison officer) over high levels of arguing and fighting and more several weeks. Clients are initially assessed covert behaviours. However, some of these through a comprehensive questionnaire dealing identified factors have been challenged by a with both firesetting behaviours and mental recent study. In a two-year follow-up study, health. Their level of risk is determined, as is Kolko (2001) reported parental or family factors their suitability for different interventions. were not found to predict recidivism. Instead Interventions are matched to the client’s age they found recidivism was associated with a and needs. They include; history of playing with matches, involvement in • Fire awareness workbooks fire-related acts, and a high level of covert Three different books are used according to the antisocial behaviour. child’s age-group: five- to nine-year-olds, 10- to 12-year-olds, and 12- to 16-year-olds. The books To date there has been little research on child are designed to give the client a better and adolescent firesetters. What research has understanding of fire safety practices. They been undertaken suggests that repeat firesetters include pictures describing good fires and bad are more likely to have a range of antisocial and fires, a ‘spot the hazards’ poster, fire safety behavioural problems, come from dysfunctional 09 SOCIAL WORK NOW: DECEMBER 2001 videos, videos on the effects of fire, and fire therapy (involving cognitive behavioural therapy, safety essays. relaxation training and social skills training) and addressing any underlying co-morbid • Fire escape plan psychological problems or psychopathology. In Both the family and child design a fire escape nearly all instances, home-based interventions are plan for the family home and are encouraged to the most desirable approach, but very practise this. occasionally residential settings may be indicated • Junior Fire Safety Officer where safety becomes an issue for the individual This intervention is suited to children under the and/or the community. age of 10. It involves them taking on the role of Junior Fire Safety Officer and can include such For the more severe and pathological firesetters, activities as maintaining smoke alarms, organising a collaborative intervention combining the skills practise of fire escape plans, and other areas of of both the Fire Service and mental health general fire safety around the home. professionals with specialised skills in child and youth fire lighting is important to reduce the • Star charts likelihood of continued firesetting behaviour For younger children, star charts are used to into adulthood. reinforce positive behaviours such as not playing with matches or fire, successfully carrying out Summary of recommendations duties as a Junior Fire Safety Officer, and Curiosity about fire is a normal stage in a child’s successfully completing homework tasks. development. However, there is a small group of children with behaviour problems for whom Summary of intervention procedures firesetting indicates an extreme form of The goal of any treatment programme is to stop antisocial behaviour. In dealing with possible the firesetting behaviour while at the same time cases of these children, it is recommended that a addressing any underlying psychological local Fire Service youth liaison service undertake problems. The Fire Service’s involvement is advice and assessment. important at the time of initial assessment to assist in determining the level of risk. (Recently When investigating incidents involving fire and the FAIP questionnaire was comprehensively children, social workers should be vigilant for reviewed, and it now incorporates a range of signs of neglect, such as children being left home questions to assess mental health.) Then, alone or unsupervised, and consider whether depending on the client’s assessed level of risk, lack of adequate supervision may have intervention may be confined to the Fire Service contributed to the incident. or the client may also be referred to a mental All children who repeatedly set fires should health professional for a more thorough receive a mental health assessment from a child psychological assessment. and youth mental health service, and wherever Following this, an intervention designed to meet possible this should be from someone with the individual client’s needs is developed. Such specialised training in child and youth firesetting. interventions may include family and individual SOCIAL WORK NOW: DECEMBER 2001 10 Fineman KR, 1995. ‘A model for the qualitative analysis of child and adult fire deviant behavior’ American Journal of Forensic Psychology, 13(1), 31-60. Ian Lambie PhD is a Lecturer in Clinical Psychology at the University of Auckland and has 12 years’ clinical experience with adolescents with conduct disorder, particularly sexual offending. He has been working with the NZ FAIP programme for the past three years and has received training in the US in child and youth firesetting. Gaynor J, 1996. ‘Firesetting’, in M Lewis (ed), Child and Adolescent Psychiatry: A Comprehensive Textbook. Baltimore, MD, Williams and Wilkins Co. Gaynor J and Hatcher C, 1987. The Psychology of Child Firesetting: Detection and Intervention. Philadelphia, PA, Brunner/Mazel, Inc. Kafry D, 1980. ‘Playing with matches: Children and fire’ in D Canter (ed), Fires and Human Behaviour. Chichester, John Wiley and Sons. Shane McCardle is a PhD student undertaking research comparing firesetting and non-firesetting youth and personality and family factors. He currently works with sexual offenders and has previously worked with adolescents with drug and alcohol problems. Kolko DJ, 1988. ‘Community interventions for juvenile firesetters: A survey of two national programs’ Hospital and Community Psychiatry, 39(9), 973-979. Kolko DJ, 1999. ‘Firesetting in children and youth’ in V Van Hasselt and M Hersen (eds), Handbook of Psychological Approaches with Violent Offenders: Contemporary Strategies and Issues. New York, Kluwer Academic/Plenum Press. Ray Coleman has spent 31 years in the fire service and is currently the National Coordinator and Youth Liaison Officer for the Auckland fire region. He is also the founder and National Co-ordinator of the Fire Awareness Intervention Project in New Zealand. Kolko DJ, 2001. ‘Efficacy of cognitive-behavioral treatment and fire safety education for children who set fires: Initial and follow-up outcomes’ Journal of Child Psychology and Psychiatry and Allied Disciplines, 42(3), 359-369. Kolko DJ and Kazdin AE, 1988. ‘Parent-child correspondence in identification of firesetting among child psychiatric patients’ Journal of Child Psychology and Psychiatry and Allied Disciplines, 29(2), 175-184. Kolko DJ and Kazdin AE, 1992. ‘The emergence and recurrence of child firesetting: A one-year prospective study’ Journal of Abnormal Child Psychology, 20(1), 17-37. Melbourne Metropolitan Fire Brigade. 1986-1992. Annual Reports. Note: The Department of Child, Youth and Family has recently signed inter-agency protocols with the NZ Fire Service designed to generate shared understanding of the management of fires and call-outs where children have been involved, or where a firerelated offence has been committed by a young person. These protocols are available from the Department’s website: www.cyf.govt.nz Mieszala P, 1981. Juvenile fire setters. Rekindle, 11-13, August. Moore JK Jr, Thompson-Pope SK and Whited RM (1996). 'MMPI-A profiles of adolescent boys with a history of firesetting' Journal of Personality Assessment, 67(1), 116-126. New Zealand Fire Service. 1997. Annual Report. Stewart MA and Culver KW, 1982. ‘Children who start fires: The clinical picture and a follow-up’ British Journal of Psychiatry, 140, 357-363. REFERENCES Bradish JK, 1999. ‘Arson in America: 1999 national update’ Firehouse, September, 40-41. Strachan JG, 1981. ‘Conspicuous firesetting in children’ British Journal of Psychiatry, 138, 26-29. Fineman KR, 1980. ‘Firesetting in childhood and adolescence’ Psychiatric Clinics of North America, 3(3), 483-499. 11 SOCIAL WORK NOW: DECEMBER 2001 It’s the putting right that counts Ashley Seaford describes the development of an effectiveness framework for residential centre grievance panels Introduction children and young people who have care and protection needs or have allegedly offended or been convicted of an offence. The length of time a child or young person spends in care depends on their individual circumstances and can range from a few hours to many months. This article examines the role played by grievance panels in the residential care that Child, Youth and Family provides for children and young people. It gives background information on why these panels exist and the tasks and functions they are charged with. It also describes a newly developed conceptual framework for grievance panels to measure the effectiveness of the complaints or grievance procedure that operates within the Child, Youth and Family residences and contracted residential services. As in civil life, while in the Department’s care, children and young people have the right to complain about matters which they believe are unfair. For minor matters, such as complaints about the quality of food or bedtimes, a senior staff member would attempt to remedy the issue by negotiation. If that is unsuccessful, or for more serious matters such as allegations of assault, the complainant completes a written form which immediately goes to a senior staff member for investigation. Each residential centre has a well-established procedure for dealing with these formal grievances, the framework of which is set out in delegated legislation, the Children, Young Persons, and Their Families (Residential Care) Regulations 1996. The development of this tool should result in a more efficient complaints service being offered to children and young people in residential care. The framework also provides evidence that new and improved ways of practising need not be complicated, difficult and/or time-consuming to establish and implement. Complaints procedures in residential centres Child, Youth and Family operates six residential centres in Auckland, Palmerston North, Wellington, Christchurch and Dunedin. The Department also oversees Te Poutama Arahi Rangatahi, the Christchurch-based residential treatment programme for young sexual offenders, which has been contracted to Barnardos New Zealand. These centres contain SOCIAL WORK NOW: DECEMBER 2001 After a written grievance is received, the investigator interviews the complainant and staff, witnesses and any other parties involved, reads the available written information and decides on an outcome. In the overwhelming majority of cases, the grievance can be resolved to the complainant’s satisfaction. However, if 12 Historically, a need for external monitoring arose through a complex combination of factors, probably the most important being the difficult behaviours often exhibited by some inmates and staff responses to these, coupled with the often totally closed nature of such institutions. In large psychiatric hospitals and prisons in The role of the grievance panels England, Canada and the USA these factors, Each residence, including Te Poutama Arahi among others, resulted in numerous allegations, Rangatahi, has a grievance panel. These panels often proven to be true, of ill-treatment by staff each consist of three people appointed by the members in relation to their charges2. While it Minister of Social Services and Employment. One may be tempting to believe that the history of of the panel members must be tangata whenua. New Zealand state-provided care for children The tasks of the panels are set out in reg 31 of and young people has not been punctuated with the Residential Care similar problems, Regulations. As well as recent media re-examining As in civil life, while in the coverage of past grievances where the Department’s care, children and events at the complainant is young people have the right to adolescent unit of unhappy with the complain about matters which Lake Alice Hospital original investigation, they believe are unfair proves that this is not their functions are to: the case. investigate any grievance from a child Developing an effectiveness framework or young person that relates to the Manager of the residence; monitor and oversee the The Kingslea Residential Centre’s grievance panel grievance procedure that operates in the was appointed in mid-1988. Before then, residence; and produce a three-monthly report residences were served by ‘visiting committees’ for the Department’s Chief Executive, the who performed a similar task. Every quarter the Commissioner for Children, and the Principal panel meets to review and examine all the Youth and Family Court Judges. complaints lodged by children and young people during the previous three months. The panel also Why, if the majority of complaints can be resolved visits the Centre regularly, speaking with both internally, do residential centres have grievance residents and staff. Since August 1998, the panels? The answer relates to the unique role and average number of grievances received at the responsibilities of such centres. It is important to Kingslea Centre every three months has been 42. realise that such bodies are not unique to Child, Overwhelmingly, these complaints have been Youth and Family residences. In New Zealand and about minor matters. This is not to imply that throughout the western world, other institutions the reason for the complaint is not important such as prisons and psychiatric hospitals engage but rather that the nature of the complaints independent individuals or groups to investigate indicates that children and young people are complaints from inmates or patients1. The protected from risk and well cared for. involvement of an impartial person or group is The two current panel members (the one way of ensuring that the rights of those appointment of the third is pending) work in the domiciled in the institution are protected. the child or young person is unhappy with the outcome of the enquiry for any reason, they can exercise a right of appeal and request that their complaint be re-investigated by the residence’s grievance panel. 1 Gunn J and Taylor C 1993. Forensic Psychiatry: Clinical, legal and ethical issues, Butterworth Heinemann. 2 13 Gunn J and Taylor C 1993, as above. SOCIAL WORK NOW: DECEMBER 2001 the date the complaint was made, when the manager received it, and when the complainant was advised of the outcome. health care area and manage their panel responsibilities during their free time. As mentioned, the grievance panel’s duties and tasks are set out in delegated legislation. While the legislation clearly states what is expected from the residence’s management in relation to establishing and managing complaints from children and young people, it offers a very limited way for the panel to assess whether the Centre is doing a good job in relation to the management, investigation and resolution of complaints. Thus, if the steps set down in the schedule attached to the regulations are adhered to, then the residence is meeting its obligations under the law. Quality of investigation and recommendations made A process has been developed for senior staff charged with investigating grievances. The panel, through its three-monthly review, will have a reasonably good idea whether this process has been adhered to. Although the thoroughness of an investigation is somewhat subjective, it is possible to judge thoroughness using objective facts such as the length of the report, collateral material studied, the number of witnesses interviewed, administration details such as date stamps and signatures, the number and type of recommendations, the consideration of context, and the report presentation. After a period as chairperson of the Kingslea panel, I became aware that the approach taken to determine whether the residence was doing a good job was extremely limited and thus unsatisfactory. After considering the key aspects of grievances and the grievance procedure, I developed six separate standards that, when combined, provide a framework for a reasonably objective evaluation of the operation of the grievance procedure within a residence. Those criteria were further refined and built on by Alan Geraghty, the National Manager for Residential Services at Child, Youth and Family. Satisfaction of the complainant with the outcome of the original investigation ‘Satisfaction’ can be measured in two ways: first, by the complainant’s signing the investigation findings; and, secondly, by the number of complainants who request panel involvement with their grievance. Clearly, a large number of requests for reinvestigation suggests that the original investigation was in some way faulty. Conversely, if, over a long period of time, young people never request a reinvestigation, this should also give rise for concern. The six criteria of the effectiveness framework Children’s and young people’s awareness of and access to the grievance and appeal procedure Timeliness – the length of time a complaint takes to be completed This standard can also be measured in two main ways. The first is by the number of grievances received in a set period of time. A sudden change in the number of complaints received during a certain period will result in the panel attempting to discover why. A drop in the number of grievances lodged could suggest several things: for example, staff are doing their job very well, young people have complaints but can’t be bothered to lodge them, or young people’s awareness of or access to the grievance procedure has diminished. This criterion establishes timeframes for investigating a complaint. The Kingslea panel believes all routine complaints should be investigated and completed within a two-week period. If the grievance contains allegations of inappropriate physical, sexual or emotional behaviour by staff or others then, to ensure the safety of the young person and those involved, the investigation should begin and conclude within the shortest time possible. To measure the time taken, each grievance fact sheet records SOCIAL WORK NOW: DECEMBER 2001 14 grievance panels were offered the framework to help them in their work. Child, Youth and Family did not make it mandatory for panels to employ this tool, but left each panel to decide whether it would be useful for them. The second way this standard can be measured is through the panel’s regular visits to the centre. Speaking with residents provides the best opportunity to assess young people’s level of knowledge of the grievance procedure and whether they encounter any problems in accessing it. At this stage it is unclear how many of the panels will use the framework. However, it is my hope that its use will assist panels in the important work they do. Clearly, it will assist senior residential staff involved in administering and managing complaints from children and young people, as they will know what areas of the grievance procedure will be closely examined by the panels. Administration of the grievance procedure There are a number of small, but nonetheless important, administrative details that should routinely be completed as part of the grievance process, such as date stamps, confirmation slips having been returned to complainants, the grievance register having been completed, and the young person having been informed in writing of outcome of the complaint. Whether those requirements have been met can quickly be checked by briefly examining each grievance and the grievance register. Even if some panels choose not to use the tool, then arguably its development has been worthwhile. The message it carries – that evaluation requires clear standards and measures – serves as a reminder that a systematic and carefully thought out approach to one’s work is vital. While this paper has focused on the development of a conceptual tool, it also advertises innovation and new ways of practising. What readers should take from it is not detailed knowledge of grievance panels or their ways of working but rather that, with some thought and a little effort, assistance and input from colleagues, a simple idea can quickly grow to improve ways of working and ultimately result in a better service to our clients. Of course, providing the best service to children, young people and their families, and thus directly our communities, is why we choose to work in the area we do. Content of the grievance This is undoubtedly the most important of the standards. The content of a grievance is likely to give a reasonably good insight into how well the residence is operating. It can alert the panel to the development or continuation of concerning trends, unsound practices or poorly developed or implemented policies. Ultimately, the panel’s primary function is to protect young people’s rights while in residential care. The right to be kept safe from physical, sexual or emotional ill treatment perpetrated by any individual is of the utmost importance. The nature of grievances provides an opportunity to monitor risk to children and young people. Implementing the framework Ashley Seaford is the current chairperson of the Kingslea Residential Centre grievance panel. He works in a clinical role for an adolescent mental health service in Christchurch and previously worked in a forensic psychiatric service and as a youth justice residential worker for Child, Youth and Family. This conceptual framework was further enhanced in August 2001 when all grievance panel members met in Wellington. The framework was discussed, and changes and improvements were suggested. What began as one person’s idea has quickly been built on and enhanced by the input of others who work in the same area. After changes were made, all six 15 SOCIAL WORK NOW: DECEMBER 2001 Loss and grief and their impact on children’s worlds Pauline Dickinson and Lois Tonkin provide a theoretical and practical approach to supporting children experiencing change, loss or grief Contemporary understandings of loss and grief and implications for social work practice Increasingly, children are affected by prevailing social and societal losses in their families, their schools, their nation and their world. Global events involving war, destruction, injury and ‘Grieving is the act of affirming or reconstructing death highlight issues of trauma, loss and grief a personal world of meaning that has been for children. These events are brought, as never challenged by loss’ (Neimeyer, 1998, p 92) before, into children’s lives by television and the Internet, to intimately confront them in real While models of grief focus mainly on theories time and in a very personal way. about death and bereavement, various authors have also argued that any separation or loss has Given the intense and prolonged media coverage the potential to produce a grief reaction for of some of these events, children may be some individuals that is as intense as a death affected in a variety of ways such as revisiting reaction for others (Doka, 1995; LaGrand, 1989; previous trauma and loss experiences, re- Stroebe, Stroebe and Hansson, 1993). In the past enacting scenes of recent violence and century, models of grief have reflected a process destruction in their play and artwork, and fears of disengaging and letting go of the past to for their own and others’ safety and well-being. recover from loss. In these models, the concept Trauma, loss and change can skew children’s of maintaining bonds and attachments is seen as developing perceptions of their world (Roberts, a sign of unresolved grief and pathology 1988). They can be left questioning what is (Silverman and Klass, 1996). Other popular predictable in their lives, since their basic models such as stage theory (Kubler-Ross, 1969) assumptions of how the world should operate and working through tasks (Worden, 1995) have no longer seem true. also influenced the grief process, thus providing This article will provide a theoretical framework grieving people with a predetermined process or and a practical approach to understanding and map of how they should grieve. supporting children who are experiencing In recent years these popular theories of grief change, loss and grief and children who may have been tested by authors such as Thomas have been affected by current global events. SOCIAL WORK NOW: DECEMBER 2001 Attig (1996), Phyllis Silverman and Dennis Klass 16 (1996) and Robert Neimeyer (1998). Through coping resources. One example is the after-effect collecting data from grieving individuals, they of divorce on children. Pritchard (1998) has have described an alternative model of grieving suggested that the significant changes in family predicated on a constructivist or narrative relationships before and after the separation are theory of reconstructing meaning in the likely to have more impact on children’s aftermath of loss. This theoretical framework is adjustment than the divorce itself. based on the social context in which a loss While separation, change and loss are bound to occurs (eg, family, ethnicity, culture and occur throughout life, for children, significant personal relationships) along with the personal changes and losses, especially when they are not reality of death or loss for different individuals. of their choosing, can leave them feeling fragile, This contrasts with the idea of grief being a helpless, lonely, confused and disempowered universal experience so that all or most (Attig, 1996; Doka, 1995; LaGrand, 1989). individuals who experience loss will respond only Additional impacts may include lack of at an emotional level and in a similar way confidence, trust, independence, status and sense (Neimeyer, 1998). When loss occurs, the way of the future. Children experience grief with that people view their life story is disrupted, and many of the same thoughts, emotions, behaviours they are forced to progress their story in ways and physical responses as adults. It is important that have meaning. These contemporary to remember that grief is a natural and expected understandings signal an alternative paradigm to response to losing someone who was loved or earlier models which helps people understand: important. Various authors (Emswiler and ‘grief for what it is: not a process that makes all Emswiler, 2000; Worden, 1996) have described individuals the same, but rather one that is as factors that relate to children’s grief: complex and multi-faceted as the individuals .. . who experience it.’ (Doka, 1998, p 5) Change and loss experiences for children .. . The change and loss situations that children experience may include changing schools, .. . changing countries, family separation and divorce, violence and abuse, imprisonment of a family member, being put into care, loss of .. . health and loss of self-esteem, loss of a pet, and the death of a loved one (LaGrand, 1989; Patton .. . et al, 2000), all of which result in a number of broken connections. Many of these change and loss situations offer no choice to those experiencing them, particularly children. These .. . changes and losses rarely come singly. Very often a major event in a child’s life causes many .. . associated losses, with this accumulation of losses placing additional stress on a child’s 17 Each child grieves in a different way. Some grieve openly from the start, others show no sign for months. There is no right or wrong way. Children’s grief reflects their current stage of development. Children grieve in the course of their daily lives rather than when adults expect or want them to. Children’s grief can surface in brief but intense episodes. Sometimes children temporarily regress by reverting to earlier behaviours such as thumbsucking, asking to be fed or dressed, or returning to former hobbies and activities. Children often express grief in their actions such as by ‘acting out’ their grief through play. Children often postpone their grief, and the Child Bereavement Study (Worden, 1996) has SOCIAL WORK NOW: DECEMBER 2001 .. . .. . .. . .. . indicated that in many children their grief did not surface until at least the second year after the death of a sibling. Working within the context of children’s families Children revisit their grief when life changes significantly for them such as moving from a house that holds many memories. for grieving children needs to occur in the Childhood grief lasts throughout childhood and into adulthood. a trickle-down effect for the children. It is Children deal with bits and pieces of reality as they mature. Grief may resurface years later. The child might withdraw, mope around, act out, be on edge or cry. Adults need to be sensitive to what may have triggered it. have experienced loss: The grief responses of individual children vary widely. .. . When there is a major loss in the family, everyone is affected in different ways. Support context of their family. Often providing support for grieving adults, especially parents, will have important that those working with children who .. . Working with grieving children .. . Central to working with grieving children is the attitude that adults have towards grief, their understanding of the child’s grief, and the way a .. . resilient approach to these challenging life experiences is modelled. While it is important that the pain a child is experiencing is recognised, acknowledged and validated, the encourage and support families to provide extra stability, order, routine and physical affection encourage families to communicate with their children about what is happening and to involve them as much as possible encourage the family, friends and school to work together to support a grieving child through maintaining usual routines and keeping in contact with each other. Working with grieving children themselves .. . Help children to feel safe in their world(s). adult will also be imparting a sense of confidence that the child can find ways to cope with the .. . situation they are experiencing. Effective work with children involves acknowledging their pain .. . and helping them find skills and strategies to cope with loss in their lives. This work involves a fundamental shift from ‘solving the problem’ and trying to ‘fix’ grief, to helping children access .. . resources that enable them over time to make meaning of their loss experiences and incorporate those experiences into their ongoing lives. In brief, ‘we are not trying to prevent .. . stress, but to promote competence’ (Silverman, 2000). In addition, Neimeyer (1998) has questioned whether emotional responses should .. . be considered as the primary focus of working with grieving people to the exclusion or minimisation of behaviour and meaning. SOCIAL WORK NOW: DECEMBER 2001 acknowledge and support the family’s cultural rituals and beliefs that help them during a time of loss, especially those that surround death and bereavement 18 Let them know there is no time limit on their grief. Use indirect methods such as picture-books and stories, dolls and toys, and sand play to help children share their stories about what they have lost. Children often find it hard to talk about their loss experiences directly. Talk to children about practical concerns to help them feel secure. Children often worry about basic issues such as money, food and where they will live. Provide information that is clear, simple and honest. Link explanations to what children already know. Offer reassurance. Children often assume responsibility for what has happened and need to know that the loss event was not their fault. .. . clarify how they are interpreting events and misinterpretations can be clarified. If possible, offer group work for children so they have the opportunity to hear from other children and know they are not alone in their experience. .. . When a global disaster affects children The images shown on television of the terrorist .. . attack on New York’s World Trade Center were very graphic and can be very disturbing for children. At a recent change, loss and grief workshop for primary school teachers, the impact of this event on primary school children .. . was discussed. The following examples from teachers illustrate the fears, distress and beliefs that some children in their classes experienced: .. . One eight-year-old boy came to school and told the teacher that 14 airplanes crashed into the building. He had been watching television and had seen the replay of the event seven times. .. . Another child aged seven was experiencing Monitor children’s play. Children may become involved in terrorist or war play which can be scary and unsafe, so they may need explanations or reassurances. The way that children perceive disasters and crises is largely determined by the responses of the adults they are associated with. When adults are anxious and upset, these responses can affect children’s levels of anxiety. Catastrophes are usually frightening for everyone they affect. It is helpful to acknowledge what parts are frightening for children. Children will respond differently, and their responses are likely to range from seeming lack of interest to nightmares and panic attacks. Children may feel frightened for the safety of others. extreme tiredness at school. She had been father’s airplane would be hijacked and that he Further professional help for grieving children would die. The impact of loss and grief on children is experiencing repeated nightmares that her exhibited in many ways. Sometimes behaviours Professionals working with children are usually and the intensity of feelings children experience engaged with them in a holistic way that may begin to inhibit or affect their ability to involves both the individual child and the child manage their home and/or school lives. Children in the context of their wider social network of may become very withdrawn, or they may ‘act family, peers, school and community. Within out’ as their way of trying to cope with their these multiple worlds, children absorb a wide distress. These efforts to cope with their painful range of ideas and beliefs in relation to events of situations may also cause distress for parents, this magnitude. The following suggestions may teachers and other children. The following be useful to professionals who interact with indicators outlined by Goldman (1994) could be children in this broad context: .. . .. . .. . used to determine whether additional support Encourage parents/caregivers to limit their children’s television viewing of events. for a grieving child should be accessed: .. . Actively listen to children and address their concerns. .. . Ask children to think about what has happened when they ask questions about events. The information they provide will help .. . 19 extremes in eating or sleeping struggling to cope with daily challenges and activities extreme reluctance to talk about the loss SOCIAL WORK NOW: DECEMBER 2001 .. . refusal or reluctance to attend school or take part in school activities Other useful contacts include: skylight .. . the child having been lied to about the loss This national organisation specialises in loss and grief .. . panic attacks support for children and young people. .. . threats of self-harm Email: [email protected] .. . frequent temper tantrums, destructive anger NALAG persistent depression and/or ongoing physical illness The National Association for Loss and Grief is an .. . .. . .. . .. . Phone: 0800 299 100 umbrella organisation for individuals and groups involved in the area of grief in Aotearoa/New Zealand. withdrawal from friends or family The contact is National Secretary, phone: (07) 883 3200 not doing well at schoolwork over a long period of time Pauline Dickinson is a research fellow at the Injury Prevention Research Centre, University of Auckland. She has a background in secondary school health education and counselling and has written resources on mental health and suicide prevention for young people. She is currently leading the development of TRAVELLERS, an early intervention programme for young people funded by the Ministry of Health through a contract with skylight, in partnership with the Injury Prevention Research Centre, University of Auckland. the child having had a difficult relationship with the deceased .. . persistent nightmares .. . abnormally ‘good’ behaviour. Making a referral Grief counselling or grief support for parents/caregivers or children may be available locally. Parents/caregivers need to be offered a range of people to choose from. When someone has died, the local hospice may Lois Tonkin has worked in the area of change, loss and grief as an educator and counsellor since 1987 and has written resources on grief. She initiated the development of skylight and worked as its National Advisor in Education and Counselling for two years. also be able to help. Many hospices offer a bereavement service with trained counsellors or volunteers, and some offer grief support groups for children. Funeral directors are also good sources of information about counsellors who are available, and they may offer a bereavement support service themselves. They are likely to have access to groups with specific needs such as Suicide Survivors or cot death support groups. Public health nurses and Social Workers in Schools can also provide support and make links to support networks in local areas at a time of death or other losses. SOCIAL WORK NOW: DECEMBER 2001 20 REFERENCES Attig T, 1996. How We Grieve: Relearning the World. New York, Oxford. Doka KJ, 1995. ‘Friends, teachers, movie stars: the disenfranchised grief of children’ in EA Grollman (ed), Bereaved Children And Teens: A Support Guide for Professionals. Boston, Beacon Press. Doka KJ, 1998. ‘Who we are, how we grieve’ in KJ Doka and JD Davidson (eds), Living with Grief: Who We Are and How We Grieve. Washington, Hospice Foundation of America. Emswiler MA and Emswiler JP, 2000. Guiding Your Child Through Grief. New York, Bantam. Goldman L, 1994. Life And Loss: A Guide to Help Grieving Children. Accelerated Development. Kubler-Ross E, 1969. On Death and Dying. New York, Macmillan. LaGrand LE, 1989. ‘Youth and the disenfranchised breakup’ in K Doka (ed), Disenfranchised Grief: Recognizing Hidden Sorrow. New York, Lexington. Neimeyer R, 1998. Lessons of Loss: A Guide to Coping. New York, McGraw-Hill. Patton GC et al, 2000. ‘The Gatehouse Project: a systematic approach to mental health promotion in secondary schools’ Australian and New Zealand Journal of Psychiatry, 35, 586-593. Pritchard R, 1998. When Parents Part, How Children Adapt: What Hurts, What Heals. Auckland, Penguin. Roberts M, 1988. Moving Children And Adolescents Through Trauma. ACISA Forum, March 1998. Silverman P, 2000. Never Too Young to Know: Death in Children’s Lives. London, Oxford University Press. Silverman PR and Klass D, 1996. ‘Introduction: What’s the problem?’ in D Klass, PR Silverman and SL Nickman (eds), Continuing Bonds: New Understandings of Grief. Washington DC, Taylor and Francis. Stroebe MS, Stroebe W and Hansson RO, 1993. Handbook of Bereavement Theory, Research, and Intervention. New York, Press Syndicate of the University of Cambridge. Worden WJ. 1995. Grief Counselling and Grief Therapy: A Handbook for the Mental Health Practitioner. London, Routledge. Worden WJ, 1996. Children and Grief: When a Parent Dies. London, The Guilford Press. 21 SOCIAL WORK NOW: DECEMBER 2001 Giving life to law – UNCROC and other international conventions Fiona Coy considers the importance of international conventions to social work in this country In 1993 New Zealand ratified the United Nations State, equally, provides the avenue to hear Convention on the Rights of the Child grievances, have debate and resolve issues of (UNCROC). It thus became ‘a blueprint for the social importance. This is an essential element of rights of every person in New Zealand under the the democratic process and unless the state is a age of 18 years’ (Ministry of Youth Affairs key participant and statutory social services are Information Kit, 1999). key stakeholders in resolving issues, providing accountability and advancing the rights of UNCROC is the world’s most widely ratified children, then the UN and conventions such as document on children’s rights, agreed to by UNCROC are rendered impotent. every nation in the world, bar two. UNCROC is so important because cultures as diverse as Child, Youth and Family social workers therefore Chinese and African, British and South American have a responsibility to understand the have agreed to the standards it sets for the convention, both as an international instrument whole world in how children should be treated. when dealing with children and families of This is a remarkable achievement that recognises different cultures and as a standard for day-to- the crucial role of children in the survival of all day practice. Using a rights perspective to view cultures and their particular vulnerability to themes that can or should influence social work destructive forces. UNCROC may not be the first, practice in Child, Youth and Family is consistent or even the primary, force behind a state’s with the development of a strengths based, advances in recognition of children’s rights, but outcomes focussed approach to practice that is it is certainly the mechanism by which the currently underway in the Department. international community has agreed to ensure that children’s rights will not be ignored or made New Zealand’s report on UNCROC invisible again. Reporting to the UN Committee on UNCROC on a The public is entitled to a formal and public regular basis, as New Zealand must do, allows this accountability for our practices in relation to country the opportunity to reflect on successes, children, and international instruments such as failures, advances secured, or ground lost for UNCROC provide a framework and benchmark children here. Progress is not usually linear, and against which to assess those practices. The the influence of long-term government policies is SOCIAL WORK NOW: DECEMBER 2001 22 given context through periodic reporting against the world – not just through their content, but in the UNCROC benchmark. providing the mechanism to compare states and enable the pursuit of an alignment with others. Child, Youth and Family was fortunate to be part of the second report process (November 2000) Also, very importantly, and no matter what and now has the opportunity of ensuring that process a state uses for implementation of a consideration of children’s rights, as provided convention, once a state has ratified UNCROC, it for by UNCROC, features in our services. It is may not invoke the provisions of its internal law timely, therefore, to raise the issue of children’s as justification for its failure to abide by the rights for more in-depth and pragmatic provisions of the convention (see Alston, 1994). consideration in social work practice. As Stewart Bartlett informed us in the April 2001 Social Social justice Work Now, New Zealand courts are using Viewing compliance with UNCROC as pivotal to international conventions to inform their our practice provides a useful framework for interpretations of domestic law, and this affects understanding the relationship between the law cases which Child, Youth and Family may bring and social work as the twin arms of our pursuit or must defend. of social justice, which lies at the heart of professional social work. Use of the convention Social work aims to enhance individual and UNCROC first and foremost provides an communal well-being through, in our case, international benchmark for the recognition of empowering children, young people and families. children as members of human society who share As statutory agents in general human rights and have specific rights articulated and attributed to them. As a consequence of consideration of we are acutely aware UNCROC is the world’s most widely ratified document on children’s rights, agreed to by every nation in the world, bar two UNCROC in domestic of the role of rights and obligations in the interaction between individuals, groups and government. Family-based law and practice, there problem-solving is also a gradual growth in public awareness. It is a became an international standard when benchmark against which can be assessed changes expressed in the Children, Young Persons, and to legislation, the response to lobby groups, the Their Families Act 1989 as the family group development of policy agendas or projects to conference process. We have since seen how improve services or introduce new programmes. vulnerable and valuable our interpretations and The current debate on section 59 of the Crimes practice under the law are in the face of Act (which allows parents to use reasonable force political change. We can never take for granted in disciplining their children) resonates the advances we make in the pursuit of social internationally and serves to illustrate how the justice or neglect the importance of social work standards provided by UNCROC may influence practice and community relationship-building in the amendment of domestic legislation around giving life to law. 23 SOCIAL WORK NOW: DECEMBER 2001 The recognition of children’s rights may relationship is viewed as an interdependent one, therefore be seen as fundamental to our task where rights belong to all parties, then respecting through the exercise of processes such as the one group does not mean compromising the other. family group conference, but also in children’s and young people’s participation and Children’s rights to participation representation throughout their involvement It is not surprising that, of all the children’s with Child, Youth and Family. rights expressed in UNCROC, the right to participate (Article 12) is certainly one of the Concepts of childhood biggest challenges we face. We are not alone in A rights perspective applied to social work and this. In the UK, this right has been identified as related professions raises and enables exploration ‘one of the provisions most widely violated and of different views of childhood. Viewing children disregarded in almost every sphere of children’s as competent protagonists in their own lives.’ (Shier, 2001, p. 108) development and active participants in society Shier’s ‘pathways to participation’ is an easily alerts us to how we deliver a service that applied framework to help workers assess levels recognises and imparts this view in the many of participation in their practice. It provides for settings in which we have power and the child analysis not only of the level of child has very little. For example, if we are addressing participation, but the level of organisational child and adolescent mental health issues or commitment to empowerment. The five levels of investigating and assessing child abuse and the participation range from ‘children are listened prosecution of offenders, we engage in powerful to’ through to ‘children share power and adult forums where adult interests can easily responsibility for decision-making’. The three key dominate proceedings and unintentionally stages of commitment are ‘openings’, subsume the voice of the child. Those experiences ‘opportunities’ and ‘obligations’. Openings exist can reinforce for children their lack of control where a worker is willing to operate, and makes over their lives and compromise their recovery a personal commitment to operate, at a from trauma. participatory level. Opportunities exist when the UNCROC also identifies the undeniable role and organisation supports the workers’ commitment responsibility of parents in guidance and with resources, skills, time etc, to develop protection by providing identity and culture practice methods consistent with the level of through their relationship with children. It does participation. Obligations exist where the agreed not advocate for adults to do less in caring for policy of the organisation ensures participation children but to care for them somewhat at the identified level, and workers are obliged differently and, if anything, more. Challenging to operate at that level. traditional views of childhood certainly affects Child, Youth and Family is currently attempting parents, and threats to the status quo in the social to enhance the participation of children in the relationship between adults and children have development of social work practice. While we elicited a reaction from some adults who may struggle with the concept and with creating new view the enlargement of children’s rights as a administrative norms, we are heartened that a compromise of their own. However, if the SOCIAL WORK NOW: DECEMBER 2001 24 Child, Youth and Family tradition of social and political power to influence policy’ (Brydon workers enabling participation is been revived. and Malczewski, 2000). The way forward is to In the early 1980s, a group called People in enable the child’s voice and views to be heard Action formed in the Hutt Valley region at the (provided also by articles 12 and 13 of UNCROC). instigation of local social workers and children Despite the existence of mechanisms such as in care. This group set its own agenda and was UNCROC and processes such as the family group well advanced in the ‘pathways to participation’ conference, when conflicting interests arise, framework. They achieved internally renowned authorities will often revert to maintaining the victories within the establishment, such as the status quo. The challenge to implement and removal of Department of Social Welfare labels genuinely recognise rights is therefore ongoing. from social workers’ cars to reduce stigmatising Compliance can never be guaranteed nor taken of clients. However, the lack of agreed standards for granted. and obligations to pursue such initiatives saw Beyond our national boundaries their eventual demise. UNCROC’s international status (as the most Best interests of children ratified convention of the UN) becomes The functions and activities of Child, Youth and increasingly important as global population Family, as an agency of state that has ratified movements, telecommunications and political the convention, require action and conflicts constant monitoring to shrink our borders. meet standards of intervention and service delivery to A rights perspective applied to social work raises different views of childhood children that are The number of disenfranchised peoples (refugees, illegal immigrants, consistent with, and prisoners) has risen give explicit effect to, their rights. We can alarmingly in recent decades, (Hall, 2000), as has defend our actions against the attack of those the demand for increased ‘consumer’ satisfaction disaffected by our statutory intervention by in what some have called the international baby ensuring that children’s rights, especially their market. New Zealand’s ratification of best interests, are our foremost consideration. international instruments such as UNCROC and However, the definition of ‘best interests’ is itself the Hague Convention on Inter-Country inevitably linked to the prevailing views of Adoption (1993) helps to create international adults. ‘Best interests’ exist in the context of customary practice which can bind countries – national, social, economic and political interests most strongly if they are signatories, but also if of the day and are therefore open to they are not. interpretation and contradiction. In statutory Recognition of the cross-jurisdictional aspects of intervention, children face circumstances clearly UNCROC is evidenced most recently by the beyond their control, and unless social workers amendment last year to the Children, Young actively pursue their empowerment, children Persons, and Their Families Act to introduce the will ‘remain a silent voice, lacking the economic 25 SOCIAL WORK NOW: DECEMBER 2001 Trans-Tasman Transfer of Protection Orders and who experience social problems rather than those Proceedings (section 207). This gave very who successfully avoid them. An analysis of social practical realisation to our desire to protect and political context breaches this norm. children beyond our borders and seek coSocial action in group work (Green, K. Youth and operation with other state parties in pursuing Policy issue 71, 1999) is an example of a social their children’s protection needs in this country. work approach that has generated positive This very positive, proactive legislation is helping results in the UK with young people who are self- keep New Zealand children (at least 60 annually) harming. The principles of social action safe across the Tasman. encourage and challenge workers to facilitate The need to co-operate internationally to stop the exploration of questions that young people adult criminals from engaging in all forms of child have about their experience. In particular, exploitation is increasingly pressing, and while analysing why problems and issues they have international treaties provide the essential identified exist, can enable a broader impetus and frameworks, it will not happen conceptualisation of the young person’s without the active pursuit of administrative experience - often as it relates to social policy, mechanisms. Statutory authorities must know economics or the environment. Through group who to contact to advocate for the child’s process they set their own agenda and may be interests and how. There must be overt means of empowered to take collective action such as debating ‘best interest’ decisions, open and finding information, discussing with relevant testable accountability and clear administrative adults, and reflecting on what happens, thus guidelines. This would go a long way to making addressing their powerlessness and dependency our commitment to international co-operation in on adult advocacy. child protection (the theme of the World Congress The challenge to statutory social workers is to on Family Law and the Rights of the Child start the dialogue about how statutory attended by Child, Youth and Family senior staff obligations and strengths based approaches such in September 2001) closer to reality. The trans- as social action may, combined, actually Tasman legislation and protocol was a small but improve our ability to realise children’s rights in significant beginning: there is a long way to go. our practice. This enhances young New Zealanders’ security in this country as well as overseas. Thus, international conventions may provide a vehicle to shift social work dialogue from the Social Politics personal, the pathological, to the socio-political, The discussion of children’s rights from a wider, providing a much needed bridge between contextual perspective affords further insights. sociology and applied social work practice. International rights instruments speak of social inclusion in a very fundamental way and this The role of idealism view challenges a research approach and social While the UN has sometimes been described as theory that focuses almost exclusively on those impotent or hypocritical, it remains the most powerful international forum. As a bastion of SOCIAL WORK NOW: DECEMBER 2001 26 international unity that speaks of values and REFERENCES collective interest rather than individual, all- ‘Childrens Rights are Everybody’s Business’ speech of UN Secretary General, Kofi Annan, on tenth anniversary of Children’s Rights Convention. powerful profit, it cannot be underestimated. While the UN conventions have been described as ‘bureaucratic toilet paper’,1 Alston P, 1994. ‘A guide to some legal aspects connected to the ratification and implementation of the Convention on the Rights of the Child’ Commonwealth Law Bulletin, July 1994. bureaucracy exists to help manage all our endeavours, however humble! UN conventions such as Brydon K and Malczewski D, 2000. ‘Best interests of the child: reality or rhetoric?’, Melbourne, Australia, Department of Human Services. UNCROC may be equally well described as this secular world’s ‘articles of faith’. They enshrine ideals we refuse to throw out even though Ministry of Youth Affairs 1999, United Nations Convention on the Rights of the Child Information Kit, Ministry of Youth Affairs. reality doesn’t live up to them. United by belief, we will continue to find more creative ways to ‘A World Fit for Children’. Preparatory Committee for the Special Session of the General Assembly on Children, third substantive session, 11- 15 June 2001. improve realisation of children’s rights, no matter the obstacles. Shier H, 2001. ‘Pathways to participation’ Children and Society vol 15. Fiona Coy is a senior advisory officer in the National Office of Child, Youth and Family who has worked for the Department since 1987 and has six years’ frontline experience. 1 cited in ‘Legal Note’ Social Work Now, April 2001 27 SOCIAL WORK NOW: DECEMBER 2001 The global movement for children Alison Blaiklock suggests how the growing international movement in the interests of children and young people will change social work practice The development of the UN Convention on the the Rights of the Child, 1996). It is a Rights of the Child (UNCROC) was an comprehensive set of civil, cultural, social, international response to increased recognition economic, humanitarian and political standards. of human rights and changing understandings of It provides a common framework for working childhood. The text of the Convention took more across sectors and organisations and a yardstick than a decade to write and gain international for measuring what we do and don’t do. agreement. Non-governmental organisations had Not surprisingly, UNCROC has underpinned the considerable influence on the process and growth of the children’s movement across the content (Verhellen, 2000). New Zealand ratified world. UNICEF describes it this way: the Convention in 1993. ‘The Convention… profoundly changed the UNCROC has been ‘a turning point in the world’s engagement with children. Just like the international movement on behalf of children’s Universal Declaration of Human Rights in 1948, rights, in two respects. Firstly it provides a the Convention articulated something comprehensive framework which addresses fundamental about humanity’s sense of itself, rights relating not only to children’s needs for and acted as a watershed and a reference point… care, protection and adequate provision but also The Convention is transforming the landscape for participation. Secondly, a Convention is not simply because ratifying governments have binding, requiring an active decision by the acknowledged a legal responsibility, but also member states to ratify it. Until the Convention because the acceptance of the idea of child on the Rights of the Child was adopted, there rights creates its own dynamic. The world’s was no binding international instrument which understanding of children is changing. Seen brought together states’ obligations towards through the Convention’s lens, the child is an children’ (Lansdown, 1994, p 36). active and contributing member of a family, UNCROC provides a set of core principles about community and society. It is becoming evident the rights of children: rights to freedom from that when adults interact with children in ways discrimination; to actions in their best interests; built on respect for their rights, everything to life, survival and development; and to respect changes.’ (UNICEF, 2001, p 35) for their views (United Nations Committee on SOCIAL WORK NOW: DECEMBER 2001 28 The global movement for children out of the UN General Assembly Special Session on Children (Preparatory Committee for the International people’s movements – including Special Session of the General Assembly on the women’s movement, the environmental Children: Third substantive session, 2001). This movement, the human rights movement, and the was to have been held in New York in September movement against racism – are among the but has been postponed. influences changing the world. All significant social change has both required and resulted in (The Global Movement for Children uses the changes in prevailing ethics and ideas (UNICEF, word ‘children’ to refer to all those under the 1991). This is now happening on behalf of age of 18 years, because this is the age group children and young people: UNCROC is concerned with. In Aotearoa New Zealand, we prefer the terms ‘youth’ and ‘young ‘This groundswell of opinion and activism for a people’ when referring to the older members of common purpose is bringing into being a global this age group.) movement composed of children and their families and those who care about child rights. . . The symbol of the Global Movement for Children [It] aims to draw in all those who believe that the is a child’s handprint. Its activities have included rights of children must be our first priority: from the international ‘Say Yes for Children’ campaign caring parents to government ministers, from which encourages support for the above 10 responsible corporations to teachers and child actions. International human rights spokes- protection officers.’ (UNICEF, 2001, p 43) people Nelson Mandela and Gracha Machel are committed to the movement for children’s rights The movement for children has been developing and are working to enlist the commitment of for decades as recognition of the human rights world leaders. With their support, UNICEF has of children and young people has grown. A called for leadership group of international and action across all organisations – including UNICEF, Save the Children and World Vision – has started using the term the ‘Global Movement for sectors and levels of All significant social change has both required and resulted in changes in prevailing ethics and ideas societies – including from children and young people themselves. ‘Each of us has the Children’ and opportunity to developed a Rallying demonstrate leadership as we go about the Call for Children with 10 actions. These are to: everyday business of our lives by taking the leave no child out, put children first, care for extra moment to ask: “How will this decision, every child, fight HIV/AIDS, stop harming and this choice, affect the lives of children?”’ exploiting children, listen to children, educate (UNICEF, 2001, p 19) every child, protect children from war, protect the earth for children, and fight poverty: invest The working principles of the Global Movement in children. for Children state that the movement should be inclusive, empowering and participatory Those 10 points will also be part of the statement (to be called ‘A World Fit for Children’) to come 29 SOCIAL WORK NOW: DECEMBER 2001 .. . (especially encouraging the involvement of children and young people themselves), and led from the grassroots, building on community activism and encouraging a bottom-up agenda. These principles, particularly the emphasis on community development, resonate with social .. . work principles. Holding to them, especially against entrenched and powerful interests, will not be easy. There are current international discussions about what structure the formal network called the Global Movement for Children should take, but Children have something special to contribute. Children have a different perspective and different life experiences from adults, and their views will help decision-makers reach a decision which will best meet children’s needs. A better outcome will result if children contribute. If children are denied the opportunity to make direct input into decisions which affect them, they are less likely to ‘own’ the decision and they may use direct or indirect means to obstruct or circumvent it (Ludbrook, 2001, p 13). Children and young people in Aotearoa New Zealand whatever is decided on, the structure is far less important than the actual movement developing throughout the world. This movement is There are serious problems facing young people increasingly using the web for communication. in this country. The extent of child poverty, and Key websites include the: its many consequences on the health, education .. . .. . .. . .. . and development of children and youth, are Child Rights Information Network http://www.crin.org disturbing (St John et al, 2001). Children and Global Movement for Children http://www. gmfc.org in poor households (Statistics New Zealand, UNICEF http://www.unicef.org very underfunded and troubled (Brown, 2000). young people are more likely than adults to live 1999). Care and protection services have been The picture of inequality is ‘most worrying for Action for Children and Youth Aotearoa http://www.acya.org.nz Mäori tamariki and rangatahi, along with Pacific Islands families, as it is they who have experienced the greatest decline in incomes and A movement with children and young people overall well-being during the period of the (economic and social) reforms’ (Kiro, 2000, p 9). A very important change over the past decade Progress on implementation of UNCROC and the has been the recognition that this is not just a recommendations made by the United Nations movement for children and young people – it Committee on the Rights of the Child in 1997 has must be a movement with them. been slow (Ludbrook, 2000; United Nations Committee on the Rights of the Child, 1997). Robert Ludbrook has summarised three main reasons why children and young people should The Government has promised to do better for be given the opportunity to participate in the country’s young people (Ministry of Youth decisions that affect them: .. . Affairs, 2001). In 1990, at the World Summit for Children have rights. Children have to live with the consequences of decisions that affect them and it is only fair and reasonable that they should have some input and influence on the decision that is made. SOCIAL WORK NOW: DECEMBER 2001 Children, New Zealand agreed it would develop a national plan of action. That did not eventuate. In 1997 the Committee on the Rights of the Child recommended that the government develop a 30 national strategy for children. In 2000 the awareness and through advocacy for a fair deal government commenced work on an ‘Agenda for for children and youth. There is an informal and Children’ and, encouragingly, has sought the growing movement for children and young people views of children and young people. in Aotearoa New Zealand. It is beginning the journey of being a movement with children and There are concerns among advocates as to young people. whether the government may only make empty promises to children and young people in its Social work is the profession that most Agenda for Children, and at the United Nations General Assembly Special Session on Children (when it is held). emphasises the There is a great deal to be done to repair the damage and to make this a country fit for children Unfortunately, importance of influencing and enhancing the relationship between the person and their environment. The although successive movement for and with New Zealand governments have received many children and young people will change the social excellent reviews of the situation of children and environment. Social workers have a great deal to have made many excellent plans to improve contribute in ensuring that happens. policies and services, those plans have been only partly implemented (Blaiklock, 2000). There is a ACKNOWLEDGEMENTS great deal to be done to repair the damage and Thanks to Mark Derby, Cindy Kiro and Beth to make this a country fit for children. Wood for their contributions to this paper. There have been some gains. The existence of child rights and child poverty are now widely Alison Blaiklock is a public health physician with a special interest in the health of children and young people. She chairs Action for Children and Youth Aotearoa, the coalition preparing a report from non-governmental organisations to the United Nations Committee on the Rights of the Child. The views expressed in this article are her own. recognised. There is some progress in establishing polices (such as the Agenda for Children) and towards structures (such as child mortality review committees) which should benefit children and youth (Hassall, 2001). An opportunity for nongovernmental organisations to look at how we are doing and advocate for change is through development of an alternative report to the United Nations Committee on the Rights of the Child. This work is being co-ordinated by Action for Children and Youth Aotearoa. The positive changes have come about because of the work of many people and groups in raising 31 SOCIAL WORK NOW: DECEMBER 2001 REFERENCES St John et al, 2001. Our children: the priority for action. Auckland: Child Poverty Action Group Aotearoa New Zealand. Blaiklock A, 2000. Children’s Health in the Next Five Years (Commentary). Paper presented at the Seminar on Children’s Policy, July 2000, Wellington. Statistics New Zealand, 1999. Incomes. Wellington, Statistics New Zealand. Brown M, 2000. Care and protection is about adult behaviour. The Ministerial Review of the Department of Child, Youth and Family Services. Wellington. UNICEF, 1991. The State of the World’s Children 1991. New York, Oxford University Press for UNICEF. Hassall I, 2001. No Place for Children: Putting Children in the Policy Making Environment. Paper presented at Children and Young People: Their Environments. Children’s Issues Centre’s 4th Child Rights and Policy Conference, June 2001, Dunedin. UNICEF, 2001. The state of the world’s children 2002. New York, UNICEF. United Nations Committee on the Rights of the Child, 1996. General guidelines for periodic reports: 20/11/96. CRC/C/58 Geneva: United Nations. Kiro C, 2000. ‘Assessing the impact of economic reforms on Maori tamariki and rangatahi’ in A Smith, M Gollop, K Marshall and K Nairn (eds), Advocating for Children: International Perspectives on Children’s Rights. Dunedin, Otago University Press. United Nations Committee on the Rights of the Child, 1997. Concluding Observations of the Committee on New Zealand. Geneva, United Nations. Verhellen E, 2000. Convention on the Rights of the Child (3rd ed). Leuven/Apeldoom, Garant. Lansdown G, 1994. ‘Children’s rights’ in B Mayall (ed), Children’s childhoods: Observed and experienced. London, Falmer Press. Ludbrook R, 2000. ‘Victims of tokenism and hypocrisy: New Zealand’s failure to implement the United Nations Convention on the Rights of the Child’ in AB Smith, M Gollop, K Marshall and K Nairn (eds), Advocating for Children: International Perspectives on Children’s Rights. Dunedin, Otago University Press. Ludbrook R, 2001. ‘Promoting participation by children and young people’ Youth Law Review, March-August 2001. Ministry of Youth Affairs, 2001. Children in New Zealand. United Nations Convention on the Rights of the Child: Second Periodic Report of New Zealand. December 2000. Wellington, Ministry of Youth Affairs. Preparatory Committee for the Special Session of the General Assembly on Children: Third substantive session, 2001. Draft outcome document: Compilation text as of 16 June. A world fit for children, New York. SOCIAL WORK NOW: DECEMBER 2001 32 “To make you smile again” Paula Crimmens describes the benefits of drama therapy for social workers Note – the author is the director of the training or not – and allowing them to externalise some course she describes. of the trauma they have experienced using these tools. Because the approach is so client-centred, The social work environment, characterised by and because the language of ‘show me’ is so high levels of trauma and abuse among clients, is client-dependent, results across all type of the ideal environment for drama therapy. As clients are astounding. The two examples below many social workers know and see every day, illustrate this. people who have undergone significant psychological and physical trauma often cease Drama therapy with disturbed youth normal interaction patterns with others and I am working with Clive, a boy with a conduct either withdraw or become extreme in their disorder. He is having an individual session with behaviour. Often, standard therapeutic me and another member of staff as he is so often techniques – employing verbal techniques and rat-packed by the other kids. He has gained over perhaps requiring the client to lead the 15 kilograms in the 10 months he has been in the interaction – are ineffectual for cases where these drama therapy project and often has to be ‘normal’ aspects of relating are simply absent. reminded about the basics of personal hygiene. It is in these cases that drama therapy comes I’ve been asking all the kids about their into its own. Drama therapy is well-established aspirations and what they want for the future. overseas but still in its infancy here. Unlike They’ve only recently had any concept of future. therapies that take a more cerebral approach, When they first entered the project they seemed drama therapy uses the language of ‘show me’ unable to envisage anything further than the rather than ‘tell me’ to allow clients to interpret next cigarette or McDonald’s meal. their experiences in a personal way that is I ask Clive what he wants to be and am surprised effective for them. It is particularly relevant for when he comes back swiftly – ‘an ice hockey work with children and young people, as it player’. He’s only just started learning ice-hockey, works in a medium they can understand and but it has clearly grabbed his imagination. The communicate in. three of us start to put together a story of ‘Mike’, The drama therapist is in the role of giving an ice hockey player. In his role of ‘Mike’, Clive people of all ages and abilities tools that they scores numerous goals for his team. We act out can work with – expression is something that the scene with the staff member playing the humans do unconsciously, traumatic experience ‘opposing team’ and me as commentator. Clive 33 SOCIAL WORK NOW: DECEMBER 2001 wants to enact the bit where he scores the The story is not really about how to become an winning goals again and again. I am happy to do ice hockey player. It’s about how to have an that as hitherto Clive’s means of getting attention image of the future. When young people feel have been destructive and anti-social. they have no future, they become dangerous and destructive because they feel they have I say to him that every story needs to have some nothing to lose. Drama therapy gives them the difficulty or challenge in it to make it interesting. opportunity to play with images of a whole I’m wondering what ‘Mike’s’ challenges are. Clive variety of different futures as well as exploring thinks for a moment and then says ‘he gets problems and possibilities in the here and now. cancer’. I ask him how Mike discovers he has cancer, and he says they find it out when he has Drama therapy can help solve some of the an accident on the ice. We enact the accident important issues facing professionals working and the later interview with the doctor when with children and young people today. For ‘Mike’ is told the news of his cancer. example, the rate of depression in young people is steadily increasing, illustrated by the high youth We are all playing our parts with absolute suicide rate in this country. Such people are often integrity. There is none reluctant or unable to of the silliness and abusive language Clive is accustomed to using. Our session is coming to an end, and I don’t articulate what is Expression is something that humans do unconsciously, traumatic experience or not wrong; drama therapy can hold the key. Troubled youth are want to leave the story notoriously hard to in the hospital with engage, yet action Mike battling cancer. I tell Clive that Mike methods are exciting and relevant to their lives. recovers and goes on to play international ice Play is the way children communicate, learn, hockey. How long does Clive think it takes for bond with others, experiment with roles and Mike to recover his form? ‘Five years’, said Clive. consequences of actions, resolve issues, and heal ‘It took him three years to recover fully from the themselves. Drama therapy provides a safe, cancer and another two years to build his fitness structured environment in which they can act back and start competing again.’ out their internal dilemmas within a form that is as natural to them as breathing. It is such an appropriate response that I am quite taken aback. This is a kid who has real Drama therapy at Mangere Refugee Resettlement Centre problems delaying gratification and controlling his impulses, yet he has learnt that in the pursuit of a goal we need persistence and hard work and It is my first session with a group of children it often takes time to get where we want to go. from Iran and Afghanistan. They are from The drama enables him to see and feel what it’s families who have lived in camps for 21 years like to achieve a goal. Imagining is the first step and so know the language of survival intimately. towards creating a future. Enacting different There has not been much opportunity to play in possibilities increase his resourcefulness and help the camps, and the children don’t really know to focus all that restless energy. SOCIAL WORK NOW: DECEMBER 2001 34 how to embark on something so novel. They are woman is trying to do – to make you smile again.’ initially unruly, with the older children I have rarely come across a definition of drama sometimes cuffing the younger ones roughly. therapy that was so to the point and effective. They sit rapt in a circle while I sing a hello to The refugee centres are desperate for suitably each one in turn, stumbling over the unfamiliar trained people to work creatively as they realise names which they patiently reiterate for me. the limitations of more verbal therapies, which require interpreters and are limited by the fact I have chosen a local story which I have used that most cultures find the idea of talking to a many times with children in special schools: the stranger about problems unappealing. story of Kahakura and the fishing net. I have chosen it to introduce them to a story from their The place of drama therapy in New Zealand host country’s culture, but in so many ways it appears to mirror their experience. On a piece of bright blue lycra I throw laminated coloured fish The burden of social work is increasing in a which they have to ‘catch’ and thread on to world characterised by growing complexity. lines. There is a scramble for the fish, and the Social workers are now being sent into schools atmosphere in the room changes. to assist staff in dealing with practical and social problems in the classroom as well as in more This too closely resembles real life where everyone standard environments. As a result, the range of must get what they can and fight for the basics of responsibilities that social workers are required existence. I explain that the fish have to be to take on is very broad and many may feel that shared amongst the other people in the village in certain areas they need new skills to cope who couldn’t fish – the old people and the with situations. Training in drama therapy can children. These children look at me with faces full allow social workers to feel more confident of blank incomprehension and stubbornly hold working with children and adults who have onto their ‘fish’. I move on to our journey across behavioural problems or learning difficulties, the island to find the fairy folk. and with children who have experienced trauma, are victims of bullying or are refugees. Later I work with the women. They too love to be sung to, and they admire the box of coloured The drama therapy certificate course is fabrics I have brought to use in their story. They specifically designed to give professionals are bemused to find themselves in a group like working with challenging groups or individuals this. They can understand the relevance to their more skills that are uniquely relevant and children, but what are grown women doing applicable to their workplace. It runs on singing and clapping and listening to stories? My weekends and requires students to run sessions Iranian interpreter asks if she can explain drama at work with skills learned on the course and therapy to them and I readily agree. make links with the theoretical models taught. The course is in its second year, and already As she speaks they start to smile and nod. I ask students are finding real value in applying its her what she told them and she says ‘I ask them lessons. Andrew Ulugia, a social worker in how many times they smile in 21 years. Here they Auckland, is one of this year’s students. are laughing and smiling, and that is all this 35 SOCIAL WORK NOW: DECEMBER 2001 ‘In my experience, children and adults who have experienced major suffering in everyday life find that everyday experience does not allow them to validate and express their own truths. Drama therapy provides a tool that allows them to do this in a way that all people instinctively understand. The course has already allowed me to make significant progress at work.’ The drama therapist in New Zealand is somewhat of an anomaly. Neither psychologists nor psychotherapists, we do not fit into the standard pattern of resourcing. This has the potential to cut off a significant resource for social workers, for whom alternative approaches may be essential to access and treat their clients. The answer is to train yourself and use the benefits of drama therapy wherever there is a need. For more information, go to www.dramatherapy.co.nz or phone (09) 849 5595. Paula Crimmens worked as a theatre director and movement and drama therapist in the UK and was responsible for the clinical supervision of drama therapy students. She is the author of Storymaking and Creative Groupwork with Older People. She is presently employed by special schools as a drama therapist and is Course Director of the Certificate in Drama Therapy. SOCIAL WORK NOW: DECEMBER 2001 36 Legal note ONCE WE GE T BEHIND CLOSED DOORS Stewart Bartlett considers the effect of confidentiality on Family Court proceedings The closed nature of the Family Court has been limited access to Family Court proceedings. the subject of considerable comment in recent Public access is prevented by two means: time. There is no doubt that public access to this proceedings in the Family Court are conducted specialist jurisdiction has been severely curtailed in private, and the publication of Court by statute. However, it is my view that the proceedings is prohibited without the leave of extent to which the Family Court is allowed to the Court that heard them. go about its business ‘in secret’ has been Therefore, most judicial business relating to significantly overstated. relationships between children, their families It is worth examining the relevant provisions of and, when relevant, the executive branch of the Guardianship Act 1968 and the Children, government represented by Child, Youth and Young Persons, and Their Families Act 1989 and Family is conducted in secret and known only to considering the true nature of the limitations those persons having a direct and legitimate imposed on the public’s right to know what goes interest in the proceedings. on before the Family Court. I will do this This is controversial. The maxim that justice must particularly with regard to news media not only be done but must be seen to be done publication of Court proceedings, as they are a remains a powerful statement about the group which has been recognised as holding necessity for transparency in judicial activity. special rights in a free and democratic society. As Woodhouse P. said in BCNZ v A-G [1982] 1 Overview NZLR 120, 122-123 (CA): The business of the Family Court is conducted ‘The Judges speak and act on behalf of the behind closed doors. community. They necessarily exercise great In the Children, Young Persons, and Their powers in order to discharge heavy Families Act, the Guardianship Act and a variety responsibilities. The fact that they do it under the of other family-related legislation, Parliament eyes of their fellow citizens means that they has decided that the public will have extremely must provide daily and public assurance that so 37 SOCIAL WORK NOW: DECEMBER 2001 far as they can manage it what they do is done considering the granting of leave. Judge Inglis efficiently if possible, with human understanding considered that question in TVNZ v W [2001] it may be hoped, but certainly by a fair and NZFLR 337 when TVNZ applied for leave to balanced application of the law to facts as they publish details from a Family Court decision. appear to be. Nor is it simply a matter of Section 27A of the Guardianship Act was enacted providing just answers for individual cases, some 20 years ago, yet Judge Inglis could find no important though that always will be. It is a direct authority which set out guiding principles matter as well of maintaining a system of justice to assist in the management of such applications. which requires that the judiciary will be seen The likely reason for the vacuum is that there day by day attempting to grapple in the same have been very few applications to publish even fashion with the whole generality of cases. decisions of the Family Court in respect of To the extent that public confidence is then given Guardianship Act applications. This is very in return so may the process be regarded as curious when one considers some of the rhetoric fulfilling its purposes.’ that has surrounded the supposed secrecy of the There are, of course, good reasons why Family Family Court. Court cases, especially those concerning children, The most interesting aspect of the judgment is are not indiscriminately available for publication. the Court’s treatment of the relationship Those reasons can be summarised thus: .. . .. . .. . between section 14 of the New Zealand Bill of Children are a vulnerable class of human beings entitled to special protection. Rights Act 1990 (NZBORA) and section 27A. They are not voluntary parties in Court proceedings concerning their interests. freedom of expression, including the freedom to Adults are less likely to use the Courts’ protective jurisdiction for children’s benefit if the intimate and less attractive aspects of their personal lives are available for public titillation. opinions of any kind’. Section 14 states that ‘everyone has the right to seek, receive and impart information and At p 347, Judge Inglis stated: ‘In considering whether leave to publish should In short, the unique vulnerability of children be granted, and in considering to which aspects serves to create a class exception to the of the proceedings leave to publish is to apply, principles of open justice. the Court is required to have regard to the rights and freedoms preserved by the Bill of Rights, The Guardianship Act 1968 s 14, though the privacy policy of the family law Section 27A(1) of the Guardianship Act states: statutes means that s 14 may be given effect only in a limited, abridged or qualified form.’ ‘No person shall publish any report of proceedings under this Act (other than criminal The full bench of the High Court considered the proceedings) except with the leave of the Court relationship between the paramountcy provision which heard the proceedings.’ in the Guardianship Act 1968 and section 14 of the NZBORA in NPANZ (Inc) v Family Court That provision begs the obvious question as to [1999] 2 NZLR 344. The Court was rather more what factors the Court will take into account in generous towards the fundamental right to freedom of expression. It decided that (quoting SOCIAL WORK NOW: DECEMBER 2001 38 the headnote) ‘there was no inconsistency could lead to their identification. Leave is not an between s 23 of the Guardianship Act and s 14 of option; no discretion is given to the Court. An the NZBORA 1990. While the child’s welfare was inevitable by-product of this approach is the the first and paramount consideration, the terms complete protection of the identities of the of the suppression order should have only child’s parents or caregivers. impinged upon freedom of expression to the If the identity of the child and their parents extent necessary to give effect to that remains protected in all circumstances, it must paramount consideration.’ be asked how the welfare or interests of that Judge Inglis’ approach is less generous to the child and its family could be harmed by the rights of freedom of expression than that of the publication of other aspects of proceedings High Court, and it remains to be seen what pertaining to them. position the High Court would take if it had to The answers to this question may possibly leave consider the principles applicable to a leave the courts to decide that freedom of expression application under section 27A. can be given fuller weight under the Children, Young Persons, and Their Families Act 1989 than The Children, Young Persons, and Their Families Act 1989 was given under the Guardianship Act. A powerful reason for considering such an The publication provisions in the Children, Young approach is that a core government department Persons, and Their Families Act 1989 are notable is involved in most of the proceedings under the for the directive quality they bring to the issue Children, Young Persons, and Their Families Act of what may and what may not be published. 1989. To ensure that the public is properly The material parts of section 438 state: informed of the activities of Child, Youth and (1)...no person shall publish any report of proceedings under this Act except with the leave of the Court that heard the proceedings. Family as they are assessed by the courts, it may (3) In no case shall it be lawful to publish, in any report of proceedings under this Act: negatively affect the child’s welfare or interests. be considered proper to grant leave to publish proceedings, so long as publication does not The door to the Family Court is closed, and so it (a) The name of any child or young person or the parents or guardians or any person having the care of the child or young person; or should be, but I would suggest that the general public, through the eyes of the news media, are allowed to ask for permission to peek through (b) The name of any school that the child or young person is or was attending; or the window. (c) Any other name or particulars likely to lead to the identification of the child or young person or of any school that the child or young person is or was attending: Stewart Bartlett is Chief Legal Advisor at Child, Youth and Family National Office (d) In the case of proceedings under Part IV of this Act, the name of any complainant. It can be seen that in no circumstances can anyone publish a child’s name or details that 39 SOCIAL WORK NOW: DECEMBER 2001 Book reviews disciplinary and interdisciplinary approaches to RESEARCHING CHILDREN’S PERSPECTIVES research and includes contributions from professionals who provide an eclectic but unique insight into children’s perspectives. Edited by Ann Lewis and Geoff Lindsay The book is divided into two main sections. The Published by Open University Press (2001) first focuses on five key theoretical and RRP $49.95 conceptual issues being researched currently in this area: ethical issues, children’s rights, legal Reviewed by Jennifer Barbour issues, and psychological and sociological Adult (pointing to an oil slick on the road): ‘Look, aspects. Of particular interest are the recurrent what’s that?’ references in the book to the UN Convention on the Rights of the Child. One chapter focuses Child: ‘It’s a dead rainbow.’ solely on this important legislation and discusses Imagine this conversation was taken from a how the rights of children can be developed and research project. How could this exchange be implemented into research. interpreted? What was the adult seeking from The second section discusses practical applications the child: scientific understanding, any of those theoretical issues by focusing on communication, reference to something other methods and applications in obtaining children’s than the oil slick? Did the adult phrase the views in specific projects. Projects include care question in an appropriate way? Did the child proceedings, moderate and severe learning hear the question correctly? Did the child have difficulties, and death and bereavement. the linguistic skills to understand what was said and articulate a response? Was the child The book concludes by investigating current sufficiently motivated to give a considered emerging issues such as choosing research response? questions and methods, reconciling methods with purpose, commonality of method, and (adapted from Researching Children’s concerns with validity and reliability. Perspectives) As expected with a book comprising the work of Researching Children’s Perspectives investigates many authors, some articles are easier to digest the issues and practicalities involved in obtaining than others. However, overall the book provides children’s views, especially in a research context. insightful contributions that allow for easy This book recognises the need for multi- SOCIAL WORK NOW: DECEMBER 2001 understanding. 40 Researching Children’s Perspectives brings new In Chapter four, the author outlines various insights to the study of children and childhood theories and methods of conceptualising families and is a valuable read for anyone interested in and states her preference for a political this area. Researchers and graduate students will economy approach, combined with a feminist find this book particularly useful because of the perspective. I found this a very readable chapter focus on a different style of research when which gave a good overview. gaining access to children’s perspectives. The vast scope of this book can be seen from the However, professionals involved in obtaining main chapter headings. ‘The Personal and Social children’s views, such as social workers, teachers World of Families’ covers the meaning of family, and the police, will also find value in this the collection of information and family trends. important volume. ‘Cultural Variations in Families’ includes a Jennifer Barbour is an adoptions social worker discussion of Maori conceptions of whanau, the with Child, Youth and Family, Rotorua direction of New Zealand’s Adoption Act 1955 and the lack of congruence between the two. However, I felt that discussion showed limited understanding of its subjects. Families, Labour and Love contains an excellent FAMILIES, LABOUR AND LOVE: FAMILY DIVERSIT Y IN A CHANGING WORLD glossary and reference section. It should prove a mine of information for students and academics. It also provides useful information to correct some common myths, such as that de facto relationships before marriage lead to more stable By Maureen Baker marriages. However, as a social worker, I found Allen and Unwin Australia 2001 the book disappointing. Information about New RRP $39.95 Zealand families is limited, selective and tends to get mixed in with general discussion about Reviewed by Milan Sumich Canada and Australia. I found little in the book Maureen Baker is Professor of Sociology at that related to the families that we work with. the University of Auckland. She taught at The section on child abuse (less than two pages) several Canadian universities before coming to is a particular example of the limited coverage New Zealand in 1998. Families, Labour and Love given to family problems, although several was written as a scholarly text for academics references are provided for more in-depth study. and students and attempts to cover a huge In conclusion Families, Labour and Love is well academic field, comparing family life in Canada, written, very readable and should prove an Australia and New Zealand from pre-settler times excellent general student text, but in my opinion to the present. After each chapter, discussion it is of limited use for New Zealand social workers. questions are provided. They should prove useful for students and underline the book’s Milan Sumich is the supervisor, Auckland textbook purpose. Youth Courts 41 SOCIAL WORK NOW: DECEMBER 2001 SOCIAL WORK NOW CONFERENCES Aims .. . to provide discussion of social work Holding It All Together Meeting the challenges for children and families where parents have a mental illness W H E R E : Melbourne, Australia W H E N : 21-24 April, 2002 H O W : Contact PR Conference Consultants, PO Box 502, Kilmore Vic 3764 Australia P H O N E : +61 3 5781 0069 F A X : +61 3 5781 0082 E M A I L : [email protected] practice in Child, Youth and Family .. . to encourage reflective and innovative social work practice .. . to extend practice knowledge in any aspect of adoption, care and protection, residential care and youth justice practice .. . to extend knowledge in any child, family or related service, on any aspect of administration, supervision, casework, group work, community organisation, teaching, research, interpretation, interdisciplinary work, or social policy theory, as it relates to professional practice relevant to Child, Youth and Family. Third International Conference on Child and Adolescent Mental Health Brisbane, Australia 11-15 June 2002 HOW: Contact Tracy Collier, ICCAMH Conference Secretariat, Elsevier Science, The Boulevard, Langford Lane, Kidlington, Oxford OX5, 1GB, UK P H O N E : +44 1865 843 297 F A X : +44 1865 843 958 E M A I L : [email protected] W E B S I T E : www.iccamh.com WHERE: WHEN: SOCIAL WORK NOW 2002 Deadline for contributions April 2002 issue: 8 February 2002 August 2002 issue: 14 June 2002 14th International Congress on Child Abuse and Neglect December 2002 issue: 7 September 2002 Denver, USA W H E N : 7-10 July 2002 H O W : Contact International Society for the Prevention of Child Abuse and Neglect W E B S I T E : www.kempecentre.org WHERE: Children and Poverty Conference of the International Association of Schools of Social Work W H E R E : 15-18 July 2002 W H E N : Montpelier, France H O W : Contact ACI 2002, 1 Cite Bergere 75009, Paris, France P H O N E : 0033 1 5334 1471 F A X : 0033 1 5334 1477 E M A I L : [email protected] W E B S I T E : www.omfts.com SOCIAL WORK NOW: DECEMBER 2001 42 Social Work Now INFORMATION FOR CONTRIBUTORS Social Work Now welcomes articles on topics relevant to social work practitioners and social work and which aim to promote professionalism and practice excellence. 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