Clan Childlaw’s Post

CASCAIDr's final legal rights campaign is now into its second stage - the STRETCH stage, having made our primary target in only 4 days. Please keep donating generously so we can leave a lasting legacy. CASCAIDr is putting the remainder of its funds, plus whatever donations we can stimulate by this last initiative, into getting opinions from reputable barristers as to the likely outcome of social care legal points that have not yet got as far as the Administrative Court – on legal issues that remain undecided, therefore, but where the uncertainty affects thousands of people’s situations regarding care and support – and where there could be clarity – or at least a sensible discussion, based on a solid basis of legal framework knowledge. The idea is that these 4 legal opinions will be explicit as to the reasoning behind the authors’ expert predictions – and then made available to the public, online and for free, of course. This means that they will be available to MPs and to their research assistants; to in-house council lawyers, to statutory governance staff, \(the Monitoring Officer\); to elected MPs and the local leads for integration with the NHS system; to the social workers making recommendations about care package content and financial amounts and to their line managers - as well as to advocates, families, carers, care providers and everyone who draws on services. The hope is that this will enable a proper debate about the legal principles and rules on which adult social care rights are based, and out of that, some better decision-making, and greater transparency about what councils can, should, or must do. Ignorance will no longer be bliss, we hope! Access to justice in this regard is something that many of you would want to support, we know. Nobody can solve the funding problem, other than politically, now – and a change of government is not necessarily going to be the answer. It takes PEOPLE to change their ideas of what is 'good enough' from their governments, or it takes case law – but the legal advice sector in this field is also in crisis. Rights depend on remedies, if accountability is to mean anything in local authorities, these days. The system is melting down and law and legal principles are in danger of becoming irrelevant. Please give as much as you can to ensure our Legacy Splash isn’t just a damp squib. Any amount is great, but it’s even better if you can tick the Gift Aid button as a UK taxpayer – because 25% extra, is then generated, from HMRC.

It feels like there is a ‘sliding doors’ moment in Jersey. We must not pick up the UK’s model of caring for children who cannot live with their families. There are reasons innumerable as to why not, not least that the Governments of England, Scotland and Northern Ireland have funded wholesale reviews in recognition of the unconscionable systemic failings affecting our most vulnerable and traumatised children and all who care for them. ‘There are more than 82,000 children in the care system. About 7,000 are thought to live in unregulated accommodation in England.Children in these placements — also called independent or semi-independent accommodation — can be forced to mix with adult strangers and run the rise of falling prey to criminal gangs and exploitation.’ Along with this: https://lnkd.in/e3S4-Ndf And this: https://lnkd.in/eQj8UdnG And on and on it goes with the catalogue of systemic abuse and neglect which provides no home for our traumatised children nor the most basic of foundations for their adult life. If abuse seems too immoderate a term, consider not just the abuses detailed in these articles, but the emotional abuse of moving multiple times, never having an adult to whom you belong. Most children go into care because of neglect. Many children are neglected in care. Those who do well often do so because of tenacious, committed people who buffer them from the system, often breaking themselves in the process. There is an opportunity in Jersey to begin with the surely indisputable fact that children need a home, someone to whom they belong and opportunities to realise their potential. If we work out from this we could well avoid the catastrophic bindweed which is suffocating our families, services and children in the UK.

Well said Carly! Despite the brave and relentless efforts of so many dedicated people working in the care systems across the UK and Jersey, the systems are broken. Each State has fundamental human rights duties to protect all children, under 18, from harm ,abuse and explotation and to provide alternative care in an environment of ‘happiness, love and understanding’. Yet this is far from the reality for many children with experience of the care systems. In the Guardian too today, Sir James Munby reiterates the scathing indictment shared by many in the judiciary, in describing the lack of provision of safe and therapeutic homes, “a shocking moral failure”. Echoes of the collective findings of each of the nations’ independent care inquiries, and the Supreme Court in 2021 calling the lack of suitable accommodation for vulnerable children a, “scandal containing all the ingredients for a tragedy.” We cannot afford to ignore this scandal, nor the unconscionable failings that cost children their childhoods, and even their lives. For tragedies to be prevented, lives saved and children to have every opportunity to develop and be loved, governments must listen to the views and suggestions of those who have experienced alternative care. Working with families and communities, not against them, and building local capacity respect and dignity, for those who need it most. The commissioning models must change. Jersey🇯🇪, you have, as Carly says, a ‘sliding doors’ moment- an opportunity to do it differently and truly embed childrens’ rights into all that you do. 🇺🇳⚖️ #RightsBasedBudgeting

Today data we gathered with The Observer as part of an investigation into the use of unregistered (illegal) homes for children in care has been published by The Guardian. It shows that more than 700 children were placed in unregistered accommodation in 2023, at a cost of more than £100m, and that shockingly 2 in 3 children living in unregistered homes were under the age of 16. These are children we know nothing about. The number of children living in unregistered accommodation has increased by 277% in the last three years. Thousands of children across the UK are awaiting placements in either registered children’s homes or with a foster family, exacerbated by a national shortage of 8,000 foster carers. Councils struggling to find a suitable home for children amid this crisis often feel they have no other choice but to place a child in unregistered accommodation.     For many, this is not a desirable outcome, it is the absence of any real choice. It is extremely worrying that our most vulnerable children are living in places without any independent oversight. We urgently need a joint national strategy from Ofsted, the Department for Education and the Ministry of Justice to end the use of unregistered accommodation for all children. We are also calling for a sufficiency and workforce plan that cuts across the children’s social care system and increases the number of safe and caring homes for children. Without intervention now, this hidden crisis will only worsen – and it’s the country’s most vulnerable children that are at risk. Read more: https://lnkd.in/ez4EY4wt

SNAICC - National Voice for our Children Family Matters Report 2024 has been officially released The annual Family Matters report examines government actions to address the over-representation and the outcomes for Aboriginal and Torres Strait Islander children in child protection systems. Family Matters Report 2024 finds that child protection systems continue to fail Aboriginal and Torres Strait Islander children and families, exposing them to ongoing harm and trauma. Key findings of Family Matters Report 2024: there are 22,908 Aboriginal and Torres Strait Islander children in out-of-home care, which represents 41% of all children in out-of-home care, despite Aboriginal and Torres Strait Islander children making up only 6% of the total child population in Australia Aboriginal and Torres Strait Islander children are 10.8 times more likely to be in out-of-home care than non-Indigenous children among Aboriginal and Torres Strait Islander children in out-of-home care: 41% are living with Aboriginal and Torres Strait Islander relatives or carers: 32.2% with Aboriginal and Torres Strait Islander relatives 22.1% with non-Indigenous relatives 8.9% with other Aboriginal and Torres Strait Islander carers 26.9% with non-Indigenous non-relative carers 9% in residential care Aboriginal and Torres Strait Islander children are 11.5 times more likely to be removed into out-of-home care as infants only 15% of government funding is spent on prevention, such as Family Support Services, the rest is spent on child protection and out-of-home care services only 6% of child protection funding is directed towards Aboriginal and Torres Strait Islander community-controlled organisations. Family Matters Report 2024 features three case studies from Aboriginal and Torres Strait Islander community-controlled organisations that demonstrate culturally safe, wraparound supports. These supports ensure that our children grow up healthy, strong, and connected to their culture and kin. Aboriginal and Torres Strait Islander communities have the knowledge to lead service transition to Aboriginal community-controlled organisations, but a significant challenge remains in ensuring that governments empower these communities and organisations to drive change. The Family Matters Report 2024 and its accompanying data snapshot can be found below and are available on the SNAICC website on the Family Matters page. https://lnkd.in/gwfCk4Xe Tune in on Friday 6 December 12pm–1pm (AEDT) for an engaging online discussion on the 2024 Family Matters Report. Follow the link on the day to tune in live: Family Matters Webinar. Thank you for your ongoing commitment to the wellbeing of Aboriginal and Torres Strait Islander children and families. Together, we can foster a future where our children grow up healthy, happy, and safe, connected to their culture and community.

🌟 Hey WA, Is Your Organisation Child Safe? do you require Reportable Conduct Services? 🌟 In light of Queensland’s recent change to legislation, enshrining “child safety as everyone’s responsibility”, also making it crucial for all organisations to ensure they work towards compliance with the National Principles for Child Safe Organisations. It’s a movement that hopefully sees, Australia wide acceptance and progressive legislation changes. 👏🏻 Western Australia is also making strides, with the establishment of an independent oversight system and a reportable conduct scheme. It will only be a matter of time before WA follows suit with such legislation changes. 👏🏻 At Safeguarding Connections we are committed to creating a safe environment for all children. We understand the importance of safeguarding and are dedicated to implementing best practices to protect the well-being of every child in our care. 🧒👧 If your organisation needs assistance with compliance or reportable conduct investigations, Safeguarding Connections can provide the support you need. Their expertise in non-biased investigations and child safety compliance is invaluable. Let’s work together to make child safety a priority. Reach out to Safeguarding Connections today for more information and support. 🤝 #ChildSafety #Compliance #Safeguarding #ReportableConduct #ChildSafeOrganisations

A critical report from SNAICC - National Voice for our Children #FamilyMattersReport2024 With the overrepresentation of Aboriginal children in OOHC, the government needs to urgently invest in community-controlled organisations (ACCOs) to deliver services and care for children. Something that Barnardos Australia is strongly committed to. Deirdre CHEERS Allies for Children Australia https://lnkd.in/gKjvMYg4

Forgiven and Forgotten?   Today, 16th November, marks the 15th anniversary of the National Apology to the Forgotten Australians and Former Child Migrants. This apology was made over a year after the National Apology to the Stolen Generations (February 2008).   These apologies were the outcome of three national inquiries into the experiences of over 500,000 Australians who, in the 20th Century, experienced their childhood in an orphanage, foster care or other institutions. The inquiries reports are as follows: 1. Bringing them Home (1998) about the Stolen Generations (approximately 50,000 children) 2. Lost Innocents (2001), concerning Former Child Migrants from Britain and Malta (approximately 7,000 children) 3. The Forgotten Australians – non-Indigenous, domestic Australian children (over 440,000 children).   In January 2010, two months after the National Apology to the Forgotten Australians and Former Child Migrants, Director of the Children's Policy Center Sharon Bessell gave a public lecture Forgiven and Forgotten. Wilma Robb is a Forgotten Australian, who, so generously spoke, too, on that day. Wilma, whilst under the ‘care’ of the Child Welfare Department was placed in Parramatta Girls Home and the Hay Institution for Girls, New South Wales.   The National Museum of Australia published the lecture on the blog created to accompany the-then touring exhibition Inside: Life in Children’s Homes and Institutions, commissioned by the Australian Government.   The Forgotten Australians have so courageously shared their experiences. The care for the objects and narratives of the Forgotten Australians by the National Museum of Australia demonstrates the importance of paying attention to this living history. A shared understanding of the Forgotten Australians helps us recognise the long-term effects of the out-of-home ‘care’ system for children. A report released in 2021 by Kath McFarlane and the Australian Federal Police notes that young people in out-of-home care made up 53 per cent of all young people reported missing. Children in residential care are over-represented in the criminal justice system.   On the occasion of the 15th anniversary of the National Apology to the Forgotten Australians and Former Child Migrants, Sharon's lecture in 2010 is still relevant today. History ignored is history repeated. https://lnkd.in/gsgRZwjh  

Queensland is exceptionally fortunate to have Luke Twyford and Natalie Lewis leading these critical conversations every day, especially this week. While the rights, wellbeing, and equal opportunities for all young people remain at the forefront of the Queensland Family and Child Commission (QFCC)’s work, achieving success for our next generation requires both collective and bold efforts from all of us in Queensland. Aboriginal and Torres Strait Islander people are considered to be the most researched cohorts in the world. However, children and young people within this cohort have often been excluded from research, leaving their voices unheard. We are in the year 2024, we have accumulated beyond enough data, research, and evidence to clearly illustrate how disproportionately impacted our young First Nations people are and why. Even without their voices in our dialogue we know this disproportionality is a result of historic, systemic, structural, and racist inequalities that continue to cause monumental damage. We CANNOT move forward unless we are prepared to go back first! Our closing the gap targets aim to ensure our next generation is self-determined, less represented in unhealthy future data, and given equal opportunities to thrive.

Kim*, a victim of family violence living in a refuge in Canberra, sought Special Childcare Benefit payments for her children. After Centrelink rejected her application, she received assistance from a lawyer at a local community legal centre. There, her lawyer identified deficiencies in her application, guided her in gathering necessary documents, and successfully demonstrated her eligibility for the benefit. With the help of a lawyer, Kim was able to receive the help she needed, which led to a desirable outcome for her and her children. However, not every individual is as lucky as Kim. Across Australia, legal assistance services are being forced to turn people away due to chronic underfunding and are unable to meet an ever-increasing demand. Whilst the Commonwealth Government’s funding announcement for a new National Access to Justice Partnership made in early September is significant, it falls well short of the amounts recommended by the report. It’s stories like Kim’s that highlight why appropriate funding of our legal assistance sector is still a priority. This is why the Law Council along with the legal profession is calling on the Commonwealth, State, and Territory Governments to promptly address this issue by supporting funding solutions recommended by Dr Mundy’s Final Report of the Independent Review of the National Legal Assistance Partnership. Help us spread the word by sharing the LCA’s Open Letter across your networks. Let's make a difference to fund justice and empower communities. The Open Letter along with other materials can be found here: A2J4All.au   For more on Kim’s story, see the Law Council’s Justice Project’s Overreaching Themes: https://lnkd.in/gXxi4KGd *Name and image have been changed to protect confidentiality.