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ASSESSING EVIDENCE FOR COMPULSORY INTERVENTIONCHILDREN’S REPORTER DECISION-MAKING

MALCOLM SCHAFFER & INDIYA KURLUS

HEAD OF PRACTICE AND POLICY, SCRA RESEARCH OFFICER, SCRA

APRIL 2015

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SCRA

• Non departmental public body

• Sponsored by Scottish Government

• Head office in Stirling

• Nine localities

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What does a Children’s Reporter do?

• Receives referrals• Investigates • Makes decisions• Administers Hearings • Presents cases in court

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Who Refers?

• 75% police• 6% social work • 4% education• 0.6% health• 0.3% parents

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2013-14 Referral Statistics

• 19,077 children referred to the Reporter (children can be referred more than once)

– 17,476 referred on care and protection grounds– 2,764 referred on offence grounds

• 32,315 referrals received– 25,497 on care and protection grounds– 6,818 on offence grounds

• 3,915 children had Reporter decision to arrange a Hearing (on at least one referral)

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Twin Test of Decision-Making

Need for COMPULSORY measures of supervision

And

Evidence to prove ground(s) for referral

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Examples of Grounds for Referral

• Lack of parental care• Offence committed against a child• Domestic abuse• Forced marriage• Offence committed by child

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Reporters Investigation

• level of investigation depends on nature of referral and quantity of information already available in referral or background history

• potential sources of information may include family, school, health, social work, children’s centre

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Decision-Making by Reporters

• Not to arrange a Hearing

• Refer to local authority for voluntary measures

• Refer to Hearing if

a) in need of compulsory measures of supervision; and

b) evidence to prove ground of referral

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Reasons for not Referring to a Hearing

• insufficient evidence

• no need for compulsory measures

• Minor incident that can be dealt with by family

• change in circumstance since referral

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SCRA Research: Children’s Reporter Decision-Making

Why?• Recent enquires into child deaths and the Scottish

Parliamentary Inquiry on decision-making on taking children into care raised questions on effectiveness of child welfare decision-making

• Little research has examined Children’s Reporter decision-making; and that which exists is over 15 years old (Hallett, Murray, Jamieson & Veitch, 1998)

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SCRA Research:Children’s Reporter Decision-Making

What?• How much are other agencies criteria for referral included

in the information provided to Reporters?• What information do Reporters need to make decisions on

children referred?• To what extent are Reporters getting the information they

need to make effective decisions?• How can the quality of Reporter decision-making be

assessed?• How child focussed is Reporter decision-making?

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SCRA Research:Children’s Reporter Decision-Making

How?• Scoping exercise (literature review and development and pilot of

toolkit)• Decision-making data collection (via toolkit) of 200 referrals in last

week April 2013– Referral information; Reporter’s Initial Investigation; Reporter’s Assessment;

Reporter’s Decision; and Hearing Decision (if applicable) • Focus groups with Children’s Reporters (4 across Scotland)

– exploring thresholds, enablers and barriers to decision-making• Analysis

– Quantitative data via MS Excel– Qualitative data via thematic analysis

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SCRA Research:Children’s Reporter Decision-Making

Findings• Reporters have a key role in child welfare decision-making in Scotland• In almost all cases, Reporters decisions found to be proportionate and evidence based• Information in referrals is key to how Reporters make decisions – clear evidence and

accurate chronologies facilitate decision-making• Relationships with other agencies and professionals affect how information is obtained and

how Reporters interpret it • In most cases, Reporters are child centred in their decision-making• Reporters are focussed on the evidence to support the grounds for referral• Reporters felt that their role was objective and detached• Reporters are aware where their own values and empathy impact on their decision-making• Concern over whether early intervention is possible if Reporters only see high tariff incidents

as a result of multi-agency screening prior to referral

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Case Study 1: JamieReferral information • Jamie is referred to the Reporter by the police via Child Concern

Form• Jamie is 12 years old• He lives with his mum• The police were called following an incident where mum took an

overdose of pills and alcohol• Child was home• Mum advises she has also been using Valium regularly since the

death of her mother• Home in a very poor unhygienic state• Police investigation discovers child known to social work as school

have concerns around attendance, but no social work involvement

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Case Study 1: JamieReporter Investigation & Decision• Reporter has phone conversation with social work, requests no further

information• Social work advise:

– Mum has severe depression and unable to maintain daily routine– Support previously provided by maternal grandparents, but no other sources– Since death of maternal grandmother, mum has become more depressed and

threatened overdose– Maternal grandfather has become depressed since death of wife and is

struggling to maintain his own lifestyle– Child has been placed in care of maternal grandfather on voluntary basis to

provide mum with respite– Social work advise a variety of services are to be provided

• Reporter final decision: No Action – Refer to Local Authority (a variety of services are being provided and accepted, no need for compulsion)

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Case Study 2: EmilyReferral information • Emily is referred to the Reporter via letter from social work• Emily is 7 years old• Police contacted by a concerned member of public as mum

intoxicated with child in her company buying more alcohol• Police traced mum and child at home – child is sleeping• Child removed from home and placed with father overnight• Police contact social work who confirm family known to them• Social work refer to Reporter as mum has alcohol dependency and

concern around ability to care for child, also suspected victim of domestic violence

• Social work believe that although mum has been working with them, this has been sporadic

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Case Study 2: EmilyReporter Investigation & Decision• Reporter requests Integrated Assessment Report from social work• Social work advise:

– Child Protection Case Conference has been held, minutes to be forwarded to Reporter in due course.

– Child has been placed on Child Protection Register– Serious concerns around mum’s drinking and current and historical incidences

of domestic violence– Concerns that mum is unable to adequately care for child due to her alcohol

dependency and inability to keep child safe from domestic abuse• Reporter final decision: Arrange Hearing (serious concerns and although

mum currently cooperating with social work further compulsion may be required)

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Hand Outs

• Kurlus, I., Hanson, L. & Henderson. G. (2014) Children’s Reporter Decision-Making, Scottish Children’s Reporter Administration: Stirling

• SCRA (2011) Framework for Decision Making by Reporters, Scottish Children’s Reporter Administration: Stirling

• SCRA (2015) Guidance on Referral to the Reporter – Information for Partners, Scottish Children’s Reporter Administration: Stirling