This one is for the lawyers. Child protection and the appropriate legal framework to facilitate ‘best practice’ is a subject which has been vigorously contested across Anglophone societies over the last forty years. These debates reflect differing disciplinary perspectives and differing ideological influences such as the tension between the discourse of individual children’s rights on the one hand and claims to collective cultural autonomy for whānau Māori on the other. Much of this friction is generated by, and reflected in, the economic and political changes that have developed since the 1970s, when the so-called ‘Welfare State consensus’ started to unravel. Parton (2014) argues that changes to child protection practice over time are best understood as responses to changing (and contested) constructions of the preferred relationship between the state, the family and children; and more specifically the children of the poor.
Lesley Max’s book ‘Children: An endangered species’ in 1990 opened the eyes of many in Aotearoa NZ to the horror of child abuse. And in a recent story on Newsroom Max expressed her feelings about how little has changed. In this post I’m not saying that we can’t do so much better because we have to! Social workers must apologise when we do wrong and take responsibility for poor practice in our name and work to fix the systems that hamper good work. We have to stand up for a human rights-based social work against the orders of risk averse managers. As a social work educator and researcher I want our students and graduates to go into systems that support the best practice. We can’t let overwork and scarce resources become an excuse for not treating whānau with respect and kindness. We have to fight for much better support for families. We have to ensure that practice is principled, honest and can stand the spotlight. It is time for child protection in Aotearoa to be more transparent, see for example the UK based Transparency Project.
Like many of us recently, I have watched the ‘baby uplift’ footage story featured in Newsroom and read some of the avalanche of concerned and outraged commentary that has followed. I found the story disturbing on many levels – extremely disturbing but, sadly, not surprising. I think that the practice on display and the media responses from the Oranga Tamariki hierarchy illustrate deep-seated systemic problems within the state child protection system in Aotearoa New Zealand.
In 2017, Paul Hart, a family law barrister, wrote an article for the Family Law website entitled ‘Disguised compliance or undisguised nonsense?’ It was an article which led to a huge debate on Twitter which Jadwiga Leigh captured by turning into a storify [sadly unavailable now due to the closure of storify] . It took two years (!) but we have finally managed to turn that storify into an article (Leigh, Beddoe, & Keddell, 2019) which has just been published with Families, Relationships and Societies. For those who want the shortened version of the article, here is the blog that accompanies it:
When Hart published his online piece, it was clear he was troubled by two things. First, although the term disguised compliance was being applied to the concept of parental resistance, it was ineffectively describing that which was being implied. Therefore, although the term was being used by social workers to express concerns about non-compliance or resistance, when broken down into two distinct separate words, ‘disguised’ ‘compliance’, it actually meant ‘concealed’ ‘agreement’. Hart realized that it was highly unlikely that parents would hide their agreement with a social care plan but much more likely that parents would try and hide their disagreement with a plan. Therefore, disguised compliance is a term that more effectively describes parental agreement rather than disagreement or resistance…….
In child protection work, expectations of compliance almost always emerge in the context of a contract-like agreement between the professional and service user that establishes roles and responsibilities. However, without collaboration from parents, lack of parental investment is a likely outcome. The parent then becomes the problem rather than the professional…. or the forensic, risk-laden context in which the professional is situated in. And, sadly, these kind of cultural contexts are primed to interpret the behaviour of parents who do not keep appointments but do tidy the house as exhibiting ‘disguised compliance’.
To read more visit the blog here
Leigh, J., Beddoe , L., & Keddell, E. (2019). Disguised compliance or undisguised nonsense? A critical discourse analysis of compliance and resistance in social work practice. Families, Relationships and Societies. Online first. Free until 30 June.
Leigh, J. Beddoe, L., & Keddell, E. (May 30 2019). Disguised compliance or undisguised nonsense? Two years on from the original Twitter debate, are there still issues with disguised compliance? [Blog post] Retrieved from https://www.newbeginningsgm.com/single-post/2019/05/30/Disguised-compliance-or-undisguised-nonsense-Do-we-still-have-issues-two-years-on-from-the-original-Twitter-debate
Leigh, J. (30 April, 2017) ‘Disguised compliance’ – innocent shorthand term or jargon hiding a powerful discourse? [Blog post]. Retrieved from https://www.reimaginingsocialwork.nz/2017/04/disguised-compliance-innocent-shorthand-term-or-jargon-hiding-a-powerful-discourse/
Looking at the budget announcement of a new specialist support service delivered from 5 Oranga Tamariki sites “employing family/whanau support workers to support children and young people who are at risk of harm to be safe in their home”, I am pleased to see that at least some form of initiative has come to pass, albeit 3.5 years out from the Expert Panel recommendation for an intensive intervention programme. Having said that, this response remains seriously underwhelming. It reflects the inability of Oranga Tamariki and the current Government to get its priorities right in relation to child protection social work. In this post I will consider some of the challenges in moving child protection practice from a statutory care focus to a social work support focus. I will also explore some of the tensions arising from the conflicted legislative mandate within which this particular specialist support service will operate.
Examination of basic trends in child protection statistics provide insight into the overall functioning of the child protection system. Statistical trends are the ‘canaries down the mine’ of child protection systems, showing how policy changes, practice changes and social conditions are playing out in the child protection domain. This blog presents statistics obtained through the Official Information Act process, as well as publicly available data, to describe patterns in contact with the child protection system. It also provides some speculative commentary as to the causes of emerging trends. As these statistics are gathered from several sources, time periods differ and in places direct comparisons may not be possible. Nevertheless, the clear pattern is one of a care system hard to get into, but even harder to get out of, and increasing inequities for Māori children and whānau.
This is a guest blog by Kerri Cleaver (Kāi Tahu, Kāti Mamoe), Social worker, PhD candidate.
Is the Royal Commission of Inquiry into Historical Abuse in State Care and in the care of Faith-based Institutions (RC) a safe place for Māori and survivors to talk about their experiences and what should we be doing to support them as social workers? It is a question that’s been rolling around my head for quite some time now. I am a survivor.
My story of abuse in the foster system isn’t long, it didn’t go on for years and the traumatic effects for me are now mostly healed and now somewhat subtle in their visibility so it is not something that I put out there. It has been difficult enough through my adult life batting off all the judgements and consequences of being a foster system survivor so I’ve kept the paedophile foster parent experience a secret. It was a tough decision deciding I would engage with the RC, somewhat influenced and inspired by the work of many survivors who have laid bare their experiences for the sole purpose of getting a Royal Commission. Because I want children and young people to be safe, nurtured and have their mana enhanced when they interface with our child protection system, I felt an obligation, to myself, my profession and to my iwi to engage. In the words of Mahatma Gandhi “be the change you want to see in the world”. But lately I have been reflecting on the question “is this process safe for me as a Māori woman?” and what is our role as social workers to support our whanau going through the RC process?
The Labour-led coalition government has provided some relative respite from the overt demonising of those who are excluded from what Simon Bridges describes as the “Kiwi way of life”. This way of life, it seems, is epitomised by tax-free speculation in the private rental property market. Is this our communal cultural lode-stone? Unfettered profits from investment in rental properties? Really? Do we really all hold a sacred place for what is a fundamentally exploitative, unequal and unfair practice? Give me strength! It has been pleasant to have a break from all that banality about “good” mum and dad “Kiwis”which John Key was so fond of. The interests of the good Kiwis that Bridges has been talking about are in fact the interests of a privileged class of people. Conservative political parties have erroneously conflated the interests of private property owners with the well-being of us all since early colonial land grab times. It is the cornerstone of political Liberalism after all (Duncan, 2007). It is high time to stop milking the politics of fear in the golf clubs of an imaginary middle New Zealand Simon.
We presented this short video at the recent Social Work and Social Development conference in Dublin, July 2018: Facebook: An unethical practice or an effective tool in child protection.
Recently I had the opportunity to attend the Decision-making, Assessment, Risk and Evidence (DARE) conference in Belfast, Ireland, run by the effervescent Brian Taylor from Ulster University. Our (myself and Ian Hyslop’s) presentation drew on our decision-making variability study that examines how and why child protection social workers make the decisions that they do. Understanding why a social worker might choose to either increase or reduce statutory intervention at key decision points on the decision-making continuum is one element of figuring out the reasons for variability. This is important to understand, as without knowing how or why key decision points function, it’s difficult to get a grip on improving or evaluating them.
Our study is based on the decision-making ecology, which proposes that decisions are not just the result of a single practitioner finding out information then coming to a decision. Instead, decision outcomes are the result of interlocking factors across the whole ecological spectrum, from macro factors such as inequalities, to meso factors such as organisational cultures and processes, and individual factors such as the values and culture of the social worker (Baumann, 2011). In this presentation, we were focussing on one main decision point: to go to a family group conference. Interviewing 24 social workers across three sites of the then Child Youth and Family (now Oranga Tamariki), plus holding six focus groups, allowed us to gather rich qualitative data about this and other fundamental decision points. These slides outline the perceptions of practitioners about what caused them to pursue a family group conference instead of either another intervention or none at all.
Baumann, D. J., Dalgleish, L., Fluke, J., & Kern, H. (2011). The decision-making ecology. Washington, DC: American Humane Association
Image credit: Thomas Hawk