Contact for children in care

Transcription

1 This document was offered to the Fostering Network s Contact Project by Bath and North Somerset Council. It is included in the Resource Bank as an example of what services have in place in the way of policy and Guidance. It was written before the resources produced by the Contact Project were available. Contact for children in care The law Under the 1989 Children Act the Local Authority has a duty to promote contact for both Children in Need and those Looked After. It is important to note that when the court is asked to determine any question with respect to the child s upbringing the child s welfare shall be the court s paramount consideration. In any court proceedings contact must be in the best interests of the child and should not be harmful or detrimental to the child. The child s own wishes and feelings must be taken into account, having regard to their age and degree of understanding. The court is required to consider the issue of contact prior to making an order. 1.1 For Children in Need, this duty is detailed in Schedule 2 Children Act 1989 paragraph 10. Every Local Authority shall take such steps as are reasonably practicable, where any child within their area who is in need and whom they are not looking after is living apart from his family (a) to enable him to live with his family; or (b) to promote contact between him and his family, if, in their opinion, it is necessary to do so in order to safeguard or promote his welfare. 1.2 For Looked after Children this duty is described in Schedule 2 CA 1989 paragraph 15. Where a child is being looked after by a Local Authority, the authority shall, unless it is not reasonably practicable or consistent with his welfare, endeavour to promote contact between the child and (a) his parents (b) any person who is not a parent of his but who has parental responsibility for him; and (c) any relative, friend or other person connected with him. Sept 2010 Page 1 of 24

2 Contact with children subject to Care Orders including Interim Care Orders Section 34 of the Act details the duties of the Local Authority to allow the child to have reasonable contact and may make an order under this section if it considers it appropriate. Plans for contact must be presented to the court and detailed in the Care Plan. This is irrespective of whether the application is for an Interim or Full Care Order. For an Emergency Protection Order, whilst a Care Plan may not have yet been completed, there must be sufficient consideration of possible plans for contact. Under Section 34(4), when the child is on an Interim or Full Care Order, the Local Authority may apply to the court for the authority to refuse contact. Volume 1 of the Children Act Guidance and Regulations was revised and came into effect on the 1st April Here is a summary the key points regarding contact with children in care. 1. The local authority, following its duty to promote contact, must allow a child who is the subject of a care order to have reasonable contact with his parents and certain other people, unless directed otherwise by a court order, or unless the local authority temporarily decides to refuse contact in urgent circumstances (Section 34 Children Act 1989). 2. The court must consider contact arrangements before making a care order (see Section 34(11)) and has wide powers to make orders appropriate to the particular circumstances. 3. The underlying principle is that the local authority, the child and other persons concerned should, as far as possible, agree reasonable arrangements for contact before the care order is made, but should be able to seek the court s assistance if agreement cannot be reached or the authority considers that contact between the child and a person who would otherwise be entitled to it would not be in the child s best interests. 4. Contact arrangements for children in care are handled entirely separately by the court from applications for contact orders under Section 8 of the children Act A Section 8 contact order cannot be made when a child is the subject of a care order (Section 9(9)), and an existing Section 8 order is automatically discharged by the making of a care order (Section 91(2)). 5. In addition to allowing the child reasonable contact with his parents, the local authority must, under Section 34, also allow reasonable contact with any guardian or special guardian, any person in whose favour a residence order was enforced with respect to the child immediately before the care order was made and also any person who had care of the child under wardship immediately before the care order was made. 6. The local authority can also refuse contact that would also be required under Section 34(1) or a court order made under Section 34 for up to seven days without reference to the court (Section 34(6) ). The local authority must be satisfied that it is necessary to refuse contact to safeguard and promote the child s welfare, and the refusal should be decided on as a matter of urgency. If the local authority considers it necessary to refuse contact for a longer period, it must apply for an order under Section 34(4). The Sept 2010 Page 2 of 24

3 authority, the child or other person named in the order may apply at any time for an order to be varied or discharged; and any party to the proceedings (including the local authority) can appeal against the making of, or refusal to make, an order. 7. This decision that a local authority can exercise to refuse contact under Section 34(6) is a serious step which should not be undertaken lightly. The Contact with Children Regulations 1991 (SI 1991/891) set out the steps that the local authority must take when refusing contact under Section 34(6). If the conditions set out in Section 34(6) and the 1991 Regulations are not met, the local authority can exercise its parental responsibility in relation to a child subject to a care order to permit or refuse contact between the child and any person with whom it is not required to allow contact by virtue of Section 34(1). It should always consult the child and their parents before making such a decision and inform any person denied contact of their right to apply for an order in respect of contact. 8. In relation to all looked after children, not just those who are the subject of care orders, the local authority not only has a general duty to promote contact between the child and his parents (and certain others as set out in paragraph 6 above), it must also take reasonable steps to keep the parents informed of the child s whereabouts, such as when another authority takes over the provision of accommodation, unless the child is the subject of a care order and there is reasonable cause for believing that giving that information would be prejudicial to the child s welfare. In no other circumstances may the local authority withhold information on the child s whereabouts. Children with a Plan for Adoption Since the Implementation of the Adoption & Children Act 2002 (ACA 2002) children are only able to be placed for adoption if the Local Authority is authorised to place the child for adoption. Authorisation may be by Consent of each parent etc. witnessed by a CAFCASS officer, or A Placement Order granted by a court When the Local Authority is authorised to place a child for adoption, the duty to promote contact for a Looked After child under the Children Act 1989 is disapplied and Children Act contact orders cease to have effect. The Local Authority, child, parent, guardian or relative will be able to apply for a new contact order under ACA 2002 Section 26, or the court may make one on its own initiative. However this has rarely happened in practice. Sept 2010 Page 3 of 24

4 Bath and North East Somerset Policy on contact for children in care Bath and North East Somerset is fully committed to promoting contact for children in care. We not only have a legal duty to promote contact for children in care but all the evidence shows that getting contact right improves long term outcomes. It is essential to be clear about the purpose of contact for each child in the context of their care plan and based on the assessment of all of their individual needs. The paramount consideration in planning contact, as for all other aspects of their care plan, is the welfare interests of the child. The contact plan should give due consideration both to the child s wishes and feelings and also to their parents wishes and feelings, but ultimately it must be based on an assessment of the child s developmental needs and how contact can contribute to meeting these in the context of their care plan. Different patterns of contact will be appropriate depending on the child s care plan, the purpose of contact in each case, their age and a range of other factors. Contact is not just between children and their birth parents; consideration should also be given to the child s needs for contact with others in their family including siblings, if placed separately and with their friends. Contact is not just direct indirect contact should also be considered, e.g. the letterbox scheme for children who are adopted. Each child in care must have a contact plan which should be based on an up-to-date assessment of their needs, set out in the Placement Information Record part 2 and shared in writing with all key parties. When a child first comes into care the contact plan should be agreed at the initial planning meeting within the first week that the child is in care. The contact plan must be updated whenever the child s care plan changes to ensure consistency with the plan. Contact plans must be considered at all child in care reviews. Contact plans should be drawn up in accordance with this policy and guidance document. Sept 2010 Page 4 of 24

5 Guidance Part Two Local Authority Context 2.1 The benefits of contact Contact may benefit both the child and birth relatives in numerous ways but it is important to recognise that these benefits will not be present for all. For the child contact may assist in: Helping to ease their sense of loss and provide reassurance about the well being of birth relatives and significant others. Maintaining relationships that are important to them. Assessing whether reunification with the birth family is possible. Maintaining relationships so that reunification is possible. For children in long term placements including adoption, the contact may also assist in: Helping them to come to terms with the past. Providing an opportunity for the young person to gain more knowledge and understanding about their personal and family history. Helping them to maintain links with their race, religion and culture of origin - which may enhance their self esteem and identity. Linking their past and present. Enabling them to see their birth family acceptance of their carers and therefore reducing feelings of potential conflict. For the birth family contact may assist in: Helping to ease their sense of loss. Maintaining relationships so that reunification remains a possibility. Assessing and developing parenting skills. Promoting sibling contact. Sept 2010 Page 5 of 24

6 In long term placements contact may also help birth families through: Enabling them to come to terms with the new circumstances including acceptance of the carers. Enabling them to give the child a link with the past and reassurance. For the carer contact may assist in: Providing reassurance for the child, reducing anxiety, fear of rejection and improving placement stability. Improving the carers understanding of the child s birth family and providing information from the past which may assist in understanding current and future behaviour of the child. In long term placements the contact may also assist carers in: Working with the child s story throughout the course of childhood rather than closing off the child s past. Encouraging discussion with the child and help them to understand the situation better. Allowing birth families to give carers permission to parent the child. Helping the carer to give the child a view of relationships which can change over time as circumstances change. Sept 2010 Page 6 of 24

7 2.2 Type of contact Contact may be either direct or indirect and should be the subject of a written agreement between all parties. Consideration should also be given to whether direct contact by phone is appropriate and, if agreed, whether this needs to be monitored and restricted. In any discussions about contact with the child, carers or birth relatives there must be clarity about the contact arrangements and what they mean in practice. There must be an avoidance of jargon; frequently used terms such as letterbox contact needs to be explained. Examples of direct contact Visits/outings - whether supervised or not. Telephone contact. E mail. Examples of indirect contact Letters/postcards. Use of the adoption letterbox scheme. Video/DVD footage Photographs. It should be noted that there are many forms of contact that are not easily monitored and these include Skype, Facebook, Bebo and on line gaming. Siblings can often be used to pass on messages for parents and other adults. Such instances will not be relevant to all situations but need to be considered and addressed specifically if they are thought to be causing a difficulty. Sept 2010 Page 7 of 24

8 Part Three - Procedural Guidance 3.1 Assessment of child s contact needs In planning and delivering contact for children it is essential that there is a good quality assessment of the child s contact needs and how these needs can best be met. This is irrespective of whether there is no order, an interim order, care or adoption order. Information obtained from this assessment should be recorded within the Core Assessment or Assessment and Progress Record. Contact should not be an afterthought or an arrangement that is hastily brought together with little consideration of the child s, birth family or carers needs. Inevitably, there will be occasions when contact plans need to be drawn up quickly such as when an Emergency Protection Order goes before a court. This however, should be an infrequent exception and it needs to be stated that it will be subject to early review.. Every effort must be made to have a planned contact arrangement based on the needs of the child and the circumstances of the case. Good quality assessment and plans will assist the court and those involved with the child, to formulate a plan based on the child s needs. This will reduce the level of discussion immediately prior to the hearing. It will also help to avoid last minute negotiations, which may not have been previously considered, or in the best interests of the child. 3.2 Assessment - The essential areas In any assessment relating to contact there will be essential factors which will need to be considered. Some of these factors will be more relevant than others depending on the purpose of the contact and the stage of any legal proceedings and care history. 1. The following factors will be relevant: A) The child Their age and level of understanding. Their wishes and feelings regarding contact. Their existing relationships with family members including siblings. Their emotional and developmental functioning and needs including psychological resilience and ability to form attachments. The level of harm and ensuring their need for safe contact can be met. This may include issues around the confidentiality of the placement. The numbers and location of siblings and their contact needs. Their physical and educational needs. The likely benefits of contact or adverse effects on them. Sept 2010 Page 8 of 24

9 B) The Birth Relatives: The existing relationship of the birth relatives with their child. Their views about the plan for placement and proposals for contact. Their potential to disrupt placements or undermine the role of the substitute carer. Their previous experience of contact. Their health, emotional well being and current functioning. Their commitment to contact. Their availability for contact, taking into account both their working life and possible need to address issues affecting their parenting; such issues may include substance misuse or domestic violence. The likelihood of them causing harm to the child during contact. C) The Carers: The views, experience and skills of the current or proposed carers in relation to both direct and indirect contact. The likely degree of openness in the placement both structural and communicatively, and the acceptance of the child s birth family and history. The carers existing family and placements and willingness to facilitate and/or supervise contact. The location of the carers in relation to the birth relative and contact venue. D) The Practical Considerations: Whether the contact needs to be supervised or not. The availability and location of the contact venue in relation to placement and birth relative. The ability of the birth relative to travel to the contact venue. The availability of suitable people to supervise the contact. The assessed risks which may be presented to the child, carers and staff by the birth relatives as well as the potential threat to the stability of the placement. The school placement its location, the effect of contact on the placement and transport arrangements. 3.3 The plan for contact Sept 2010 Page 9 of 24

10 The formulation of this plan which the social worker will take responsibility for, under the guidance of their manager - will need to be made in consultation with the child s carers, birth relatives, contact providers and the child. Discussion may also need to take place with the carers link worker and the child s school. Planning meetings can be used to help formulate the contact plan for the child. This may be the appropriate forum providing that there has been an assessment of the child s needs in relation to contact and if the child is subject to legal proceedings, the proposals have been put before the court. In some cases, where the legal proceedings have been planned and where the draft plan and agreement have already been written, it might be possible to obtain the necessary signatures and consent immediately following the court hearing. This clearly has the benefit in reducing any delays so that contact can begin. This may be very beneficial for the child and parent. The detail required in this plan will be dependent on the purpose of the contact and the circumstances of each case. It is essential that a great deal of thought and care goes into the formulation of plans and these plans are amended as changes in circumstances occur. 3.4 Contact standards In any contact arrangement there must be good quality standards regarding all the arrangements and delivery of the service. In order for these standards to be met there must be adequate resources and flexibility in arrangements to take into account local circumstances. Assessment of Contact needs This should be well thought out and directly linked to the outcomes that are being aimed for. Level of supervision required This should clearly be stated and agreed in order to ensure the safety of the child, the contact supervisors and others - including carers/other family members. It needs to be linked to the purpose of the contact and there should be explicit guidance as to the expected levels of intervention which may be required. In high risk situations increased levels of supervision may be required and a formal risk assessment may need to be completed. The differing levels of supervision may be: Low Risk minimal oversight. This could involve partly supervising a contact, or supervising handovers between parents. This may be the type of situations that foster carers are directly involved with. Close monitoring and recording of interactions part of plan for reunification or assessment or to manage risk to child and parent. Sessions of close monitoring to have one supervisor present at all times. High Risk For example, using more than one supervisor with the provision of additional staff who can be called on if necessary. Sept 2010 Page 10 of 24

11 Venues for Contact Contact venues need to be suitable and child friendly with appropriate facilities. Where possible, they need to be located to avoid lengthy journeys for the child. The birth relative will be expected to make their own way to the contact venue and the County may provide some financial assistance for this. Only in exceptional circumstances will transport be provided for birth relatives. Contact Plan and Agreement This must be completed prior to the arrangement commencing and be as detailed as possible. This needs to include all those likely to be involved in the contact arrangements. (See appendix **) The plan will need to take into account the educational needs of the child. If the child is of school age, contact during term time will only be arranged to take place after school on weekdays. Primarily contact will be offered on week days only; in exceptional circumstances, if the needs of the child dictate it, contact will take place on a Saturday morning. If the child is pre - school, contact is likely to take place on weekday mornings but may need to fit around nursery or pre-school education. If the child is a baby, this standard takes account of staff availability and foster carers right to some uninterrupted family life. When contact falls on a Bank Holiday, contact will not normally take place. Contact Supervision Supervisors need to be fully briefed, by the social worker, on the circumstances of individual cases and know what the issues are and level of supervision required. As far as possible, the same small group of contact supervisors should be used in supervising contacts for a particular child. This reduces disruption for the child and birth relatives. Some contact sessions will need to be observed by the social worker for the child. This will be expected when the child is the subject to legal proceedings as the court will expect social workers to report to the court with this first hand information. Some contacts may also be observed by expert witnesses. If the contact takes place at the carers home it must be clear as to whether they are facilitating or supervising contact. Facilitating is simply providing the venue for the contact. Supervising implies a much more active monitoring role. It must be clear that the carer has sufficient training and experience for the role and is well supported. A template for reporting on supervised contact is available and provided as a separate document to this guidance. (See appendix D) Preparation Children and birth relatives will need to be prepared for contact by the social worker. This could include visiting the venue prior to the contact, meeting the contact supervisor as well as preparing the child and birth relative on a practical and emotional level. Birth parents may need considerable guidance about expectations regarding their behaviour, especially when the contact forms part of an Sept 2010 Page 11 of 24

12 assessment regarding the possibilities of reunification. A written contract must be in place before a contact plan is activated including under what circumstances contact will be suspended or ceased. Written Reports and post contact support All supervised contact visits should be recorded and the reports need to be an accurate record of the event. The reports should be balanced and include both the positive and less helpful aspects of the contact. They should be a record of observation rather than analysis; any significant dialogue needs to be recorded. Good practice also recommends that contact visits are followed up by the child s social worker through communication with the carers, supervisor, birth relative and child. The necessity of this follow up will depend on the purpose of the contact, any significant events which occurred during contact and the circumstances of the individual case. It is always helpful to pass on any significant events at contact to the main carer for the child immediately. 3.5 Updating the Contact Plan It is essential that all contact arrangements are reviewed as the circumstances of the young person, carer and birth relative will change over time. The plan will be considered within the statutory Children in Care arrangements. There will however, be occasions when the contact will need to be reviewed in the light of significant changes which require a more immediate response. This may be the case even if a plan for contact has been agreed in court proceedings. Where there are serious concerns about existing contact arrangements and these arrangements are detrimental to the welfare of the child, the Local Authority must review and take action if necessary. This may involve seeking legal advice and taking legal action through Section 34(4) Children s Act 1989 permission to refuse contact with a child in care. Contact in permanence arrangements, involving adoption and special guardianship, will be formally considered as part of the support plan separate guidance is available for these situations. Sept 2010 Page 12 of 24

13 Contact Policy appendices Appendix A Indicative Contact Arrangements These arrangements are a GUIDE and must only be used as such. An assessment of the child s contact needs must be carried out with clear recommendations as to why this is the level of contact proposed. It is important to allow children to see their family whilst also experiencing the stability of the foster placement and school, where applicable. AGE DURING INITIAL ASSESSMENT x per week maximum 2 hours 3 4 (pre school) 5 10 (primary school) 3 x per week maximum 2 hours 2 x per week maximum 1.5 hour (after school) PURPOSE AND CONTEXT OF CONTACT RE-UNIFICATION (PRO-ACTIVE AND TIME LIMITED) 5 x per week 2 hours Leading to some overnight stays (Placement with Parents as applicable), when assessment indicates this is appropriate and re-unification is likely. 3 x per week 3 hours Leading to some overnights (Placement with Parents as applicable), when assessment indicates this is appropriate and re-unification is likely. 3 x per week 1 hour (mid week) weekend 2 hours leading to some overnights (Placement with Parents as applicable), when assessment indicates this is appropriate and re-unification is likely. PERMANENCE If direct contact agreed minimum 1 x per annum, 1 hour; maximum 2 x p.a. 2 hours (Adoption) Indirect contact, one or two way, minimum 1 x p.a. maximum 2 x p.a. If direct contact agreed minimum 1 x per annum, 1 hour; maximum 2 x p.a. 2 hours (Adoption) Indirect contact, one or two way, minimum 1 x p.a. maximum 2 x p.a. Adoption. If direct contact agreed 1 x per annum minimum 2 hours, maximum 2 x p.a. 4 hours. Indirect contact, one or two way, minimum 1 x p.a. maximum 2 x p.a (senior school) 1 x per week maximum 2 hours 2 x per week weekday 1.5 hours weekend 3 hours. Leading to some overnights (Placement with Parents as applicable.) When assessment indicates this is appropriate and re-unification is likely. Long term fostering 1 x visit per school holiday up to 2.5 hours plus indirect and phone contact, as agreed. Adoption this will follow a similar pattern as above. Long term fostering young people of this age will be much more involved in the contact plan. Once per school holiday (i.e. 6 times per year) often works well. Sept

14 Contact Policy appendices Appendix B Contact Ground Rules to be attached to ALL contact Agreements. We also intend to provide a template for a written contact agreement with this guidance. Each child s and family s needs for contact will be different and should be detailed in a clear plan, either a placement plan or a Children Looked After review plan. Universal ground rules for contact should be shared with the parents prior to any contact taking place and should be available when plans are being formulated and agreements signed. These are not exhaustive and any specific rules for individual cases need to be included in either the information record or review. Universal Ground Rules for Contact Adult should attend the contact on time. Adult must give as much notice as possible, if for any reason they are unable to attend contact Adult should be clean, not under the influence of drugs or alcohol and in fit state of health to meet child. There is to be no smoking indoors during contact. Smokers need to leave the room, with agreement from the contact supervisor. Adult should not bring any other person to the contact without prior agreement. Adult should not discuss certain issues, for example - court case, allegations, another parent, the future. Adult should not whisper to the child conversation should be open and audible. There should be no use of mobile phones. This includes taking pictures, recording or making /receiving calls. If there are exceptional circumstances, permission to use the phone must be sought from the contact supervisor. Adult to be responsible for the child s safety and behaviour during contact. Supervisor will intervene when the contact participant s safety is at risk. Adult should not be aggressive to the contact supervisor or child. Supervising Officer will make notes to be shared with social worker. Contact will not take place when the child is ill, or if the child is unwilling, after suitable persuasion, to have contact. Additional ground rules which may be stipulated in contact plans Adult to meet with social care worker before contact to discuss particular issues/assess adult being fit to commence contact and so on. Sept

15 Contact Policy appendices Adult to attend contact venue before the young person is collected for contact. Adult to meet with social care worker after contact for example, to discuss how contact went, progress, next contact, learning issues and so on. Adult to prepare meals/provide suitable food. Social Care Worker needs to be clear about expectations in relation to changing nappies/toileting arrangements and levels of supervision required during this activity. This will be dependent on the assessed levels of risk that may be present. Social care workers need to be clear if it is possible for part of the contact to take place away from the contact venue. For example, a trip to the park. Circumstances where contact will be halted/suspended immediately If adult is not in a suitable physical or emotional state to meet the needs of the child. If child is distressed during contact. If adult compromises a child s safety. Sept

16 Contact Policy appendices Appendix C Bath and North East Somerset Children s Services 1. This written agreement is between Sept Supervised Contact Written Agreement *. (Name of parent/relative) *...(Name of parent/relative) and (Bath & North East Somerset, Children s Services.) This agreement concerns * (name of child) This written agreement is not a legally binding document, but may be referred to in Court. You are advised to seek legal advice if you are concerned about signing this agreement. The aim of this agreement is to ensure that contact is a safe and positive experience for all those concerned. For the immediate future contact will take place on * days a week, for a period of *.. hours per session. This will be reviewed within *. weeks. It is agreed that: 2. The contact will focus on * s needs. The discussions regarding court processes etc. are not appropriate for contact occasions. 3. Everyone involved in contact will arrive in an appropriate state. If anyone arrives under the influence of drugs or alcohol or in an unfit state, then contact will be stopped. 4. Swearing or inappropriate language is not acceptable during contact sessions. 5. Aggressive or intimidating behaviour during contact sessions is unacceptable. 6. The use of derogatory language about Children s Services, or workers employed by Children s services is also unacceptable. 7. You will be responsible for your child s safety and whereabouts. However, if it is felt that your child or the contact session is becoming unsafe, then the contact supervisor will intervene.

17 Contact Policy appendices 8. If you need to leave the contact session for a period of time this must be negotiated with the person/s supervising contact. In this case, your child must remain with the contact supervisor. 9. Mobile phones are to be switched off during contact; this includes the use of picture taking, internet use and video recording. 10. There is to be no smoking indoors during contact and no cigarettes or tobacco are to be passed to young people. 11. All gifts/ treats to be given at contact must be agreed in advance by the contact supervisor. 12. Everyone should attend the contact on time. The end time will not be altered to accommodate late arrival. If for any reason, you cannot attend or think you will be late, please notify the appropriate person as soon as possible. 13. If another person wants to attend contact, then they should seek agreement before the contact session, with the child s social worker. 14. It is your responsibility to provide your child with appropriate drinks and food during the course of contact. 15. ANY OTHER SPECIFIC ITEM DEPENDING ON CASE Everyone who is involved in the contact session has a right to feel safe and protected. This includes the contact supervisor, the children and the adults. If this agreement is breached contact may be terminated immediately by the staff responsible for the supervision of contact. In this case contact will not be reinstated until a formal meeting has taken place. This may result in a change of venue or the need to put the matter before the court. Signed (Name of Social Worker) Date.. Signed Team Manager Date. Signed. (Name of parent/relative) Date Signed. Date Sept

18 Contact Policy appendices Appendix D Supervised Contact Report Name of child Date of contact Time of contact Venue Who attended contact Comment on how parent/relative greeted child Observations on contact (experience for the child/parent reference positive interaction and any areas of concern) Comments shared during contact with the parent/relative child/young person on how the contact could be improved Child Parent Supervisee Departure comment on how session ended Author of report Name: Signature: Date Parents Comments Sept

19 Contact Policy appendices Parent Signature Date: Appendix E - Research Material Vera Fahlberg. A Child s Journey through Placement BAAF 1999 Children who enter care on an emergency basis need to see their birth parents sooner than those who move in a planned manner. Many children who have been placed in interim care on an emergency basis have a fantasy that someone has harmed their parents, or that their parents do not know where they are and, therefore, they can never be reunited. Children who have little or no contact with birth parents wonder what is wrong that the parents do not want to see them. Without contact the child expends energy worrying, wondering and fantasising about birth parents. This energy is not then available for use in the newly forming relationships in the foster family, or in addressing the current development tasks of the child. Adoption Now Messages from Research DoH 1999 Children s attitudes towards contact are complex and far from uniform. They vary significantly according to whether or not it exists, by age and by past experiences. What contact children want or do not want should not be taken for granted, and it may well change. Contact serves many purposes for the child and these should be understood and may point to different types of contact and with different people. Birth mothers and siblings are generally the most significant contacts as well as the most frequently sought; but others such as fathers, former foster carers or grandparents can be important. Kate Wilson and Ian Sinclair Contact in foster care: Some dilemmas and opportunities in Contact in Adoption and permanent foster care BAAF Neil and Howe A high degree of professional skill and judgement is required in planning contact rather than rules of thumb which can be applied in all circumstances; social workers and foster carers need to engage with children and their birth families in handling contact to avoid confrontations and, as far as possible, distress. Sept

20 Contact Policy appendices In Re E (A Minor) (Care Order: Contact) 1994 FLR Simon Brown LJ summarised the benefits of continuing contact in permanent placement...contact may well be of singular importance to the long term welfare of the child: first, in giving the child the security of knowing that his parents love him and are interested in his welfare; secondly, by avoiding any damaging sense of loss to the child in seeing himself abandoned by his parents; thirdly, by enabling the child to commit himself to the substitute family with the seal of approval of the natural parents; and fourthly by giving the child the necessary sense of family and personal identity. Contact if maintained, is capable of reinforcing and increasing the chances of success of a permanent placement, whether on a long term fostering basis or by adoption. Coram Family s definition of supervised contact from A Guide to Best Practice in Supervised Child Contact Supervised contact aims to ensure safety from physical harm and emotional abuse and requires a high level of constant supervision from supervisors experienced and confident enough to intervene immediately and firmly if anything of concern arises. If safe contact is achieved supervision becomes therapeutic in the widest sense. The contact is managed so that the child is supported in resolving issues with the parent which he or she needs to understand; or to provide opportunities for a parent to apologise or in other ways make amends; or to effect a planned and humane ending to contact. In supervised contact, the supervisor plays a role in guiding the parents to improve the quality of interactions and parenting; this may include mediating to improve the quality of interactions between a child s parents or between parents and substitute carers. Lowe et al (1999) Supporting Adoption..we should make it absolutely clear that we are by no means committed to the view that any form of contact between the child and the birth family is always in the child s interest. On the contrary, we take the view that the issue of contact must be governed by the welfare of the particular child (including taking into account the child s own wishes and feelings) in his or her circumstances, which may change from time to time. What has to be avoided is the imposition of the inflexible rules based on doctrinaire policies. Further reading Contact in Permanent Placement Guidance for local authorities in England & Wales and Scotland Good Practice Guide BAAF. Safe Contact Catherine MaCaskill. Russell House Publishing 2002 Contact in adoption and permanent foster care Research, theory and practice Edited by Elsbeth Neil and David Howe. BAAF 2004 What is contact? A guide for children. Heidi Argent. BAAF Sept

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22 Contact Policy appendices Appendix F Sample Arguments Around Long Term Contact Proposals For Court Statements Key research: -Taplin (2005), Is all contact between children in care and their birth parents 'good' contact?, Ashfield, NSW Department of Community Services -Howe and Neil (2004), Contact in adoption and foster care, London, BAAF Principles - In deciding what the correct level of contact should be, the essential starting point is to consider what the purpose of contact is for the child. - Research highlights that the over-riding principle in deciding whether contact should occur for a child must be that contact facilitates one or more of the child's developmental needs, rather than just accommodating birth parent s wishes. - Research also highlights that for contact to be managed positively, the purpose of contact should be clearly defined with carers, child and birth parents. - Any contact arrangement should be reviewed regularly, as it is likely that contact arrangements will need to change throughout the child s lifetime due to his/her changing developmental needs as he/she gets older, and to account for any other changes of circumstances that occur over the next 18 years. - Contact must be set at a realistic level that meets the child s needs, and that is realistic for the carers to maintain throughout his/her childhood for the next 18 years. It may not be in the child s best interests for levels of contact to be set at a prescriptive level that may ultimately undermine alternative permanent carers' authority and long term ability to make decisions in the child s best interests. - The positives of direct contact between the child and his/her parents need to be balanced with the difficulties that direct contact may present for the child Benefits of contact - Well established in research that if contact can occur safely for a child, in a way that does not disrupt their progress in their new family, contact with birth family members benefits the child by helping them understand their identity, family history, and how they came to be looked after with alternative permanent carers. - Where the child is placed with family, the risk of the child losing touch with his/her personal and family history is ameliorated. - There is some research evidence that ongoing contact with birth family members is associated with psychological wellbeing in children who are cared for by alternative permanent carers. However, it is not true to say that contact with birth family members is positive and beneficial for the child in all cases. Research evidence does not suggest a causal link between contact occurring and better outcomes for the child; rather, it would appear that the key factor for the child is whether there is a positive relationship between the child and the family member concerned. Research findings reflect the fact that where a positive relationship exists, there is more likely to be an ongoing contact arrangement in place. Sept

23 Contact Policy appendices Concerns around contact - If alternative permanent carers are required, this will generally be because care proceedings have established that birth parents cannot adequately care for and protect the child throughout his/her childhood and that there is no prospect of the child returning to their care in the future. Contact between the child and their mother and father may have benefits for the child, but this may also present some difficulties in light of their established inadequate parenting capacity. - Research findings suggest that alternative permanent carers report that mental illness in parents, or parental drug and alcohol abuse, can present a range of difficulties in relation to contact. Common problems include parental unreliability and inconsistency, the impact of children feeling further rejection from the parent, and the child being exposed to behaviour or ways of life that may be harmful. Parents may, due to their own needs, find it extremely difficult to focus on the child s needs consistently in any way. This may mean that contact is experienced by the child as confusing, unsettling and upsetting. - Where a relationship between a child and a family member is not positive, a continuing contact arrangement may actually be experienced as harmful for the child as the difficult or conflicted relationship is sustained. This may ultimately make it more difficult for the child to settle and thrive with alternative permanent carers, perpetuating previous difficulties rather than supporting the child to positively move on. This may particularly be the case where the parent has not been able to develop a positive relationship with the child prior to the child moving to alternative permanent carers. In making proposals for the future, it is important to consider how the child has reacted to contact to date. - In making long term contact proposals, it is essential to consider how a parent will be able to interact with alternative permanent carers. Contact is more likely to be sustainable and successful if the parent is adaptable and able to interact with the child and others socially. ******************************************************************************************************* Sept