68121 Social Work Now #20

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The Practice Journal of Child, Youth and Family
Te Hautaka ako te Tari
Awhina i te Tamaiti, te
–
Rangatahi, tae atu ki te Whanau
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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: mark.derby001@cyf.govt.nz
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
..
.
..
.
..
.
..
.
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
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
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).
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
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
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
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
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
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
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.
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
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
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.
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
..
.
..
.
..
.
..
.
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.
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
..
.
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: info@skylight-trust.org.nz
..
.
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.
20
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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
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
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
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
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
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
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
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
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
..
.
(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.
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
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.
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.
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.
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
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.
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
‘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.
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
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
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
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-
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
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 : enquiry@prcc.com.au
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 : t.collier@elsevier.co.uk
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 : aci2002@netcourrier.com
W E B S I T E : www.omfts.com
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.
We appreciate authors may be at varying levels of
familiarity with professional journal writing and for
those less used to this style, we hope it won’t be a
barrier to approaching Social Work Now. We are
always available to talk through ideas and to
discuss how best to present your information.
Contributions are welcomed from social workers,
other Child, Youth and Family staff and
professionals working within the wider field.
Articles can include accounts of innovatory
workplace practice, case reports, research,
education, review articles, conference and
workshop reports or be written specifically for one
of the regular columns re innovations, legal note
or book reviews. We are also interested in short
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The guidelines listed below are a detailed summary
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All work must be the original work of the
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(where relevant) that the case has been
followed up over a specified period and that
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described in the case study.
In most instances, copyright rests with Social
Work Now/Child, Youth and Family.
Social Work Now does not hold itself
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Three copies of each article should be
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43
44

68121 Social Work Now #20

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