Young Children’s Voices Young Children’s Voices in Legal Settingsin Legal Settings

Celia Doyle and Gill HandleyCelia Doyle and Gill Handley

University of NorthamptonUniversity of Northampton

ContextsContexts In the UK there is, in most cases, a legal In the UK there is, in most cases, a legal

requirement for the child’s wishes and requirement for the child’s wishes and feelings to be taken into account, when a feelings to be taken into account, when a Family Court makes decisions about their Family Court makes decisions about their future future

Examples of matters that may be taken to Examples of matters that may be taken to Family Courts are:Family Courts are: when parents who are separating or divorcing when parents who are separating or divorcing

cannot agree on arrangements for their children cannot agree on arrangements for their children an adoption application an adoption application when Social Services are concerned about the when Social Services are concerned about the

safety of a child and may wish to remove the safety of a child and may wish to remove the child from the care of their parents child from the care of their parents

CAFCASSCAFCASSChildren and Family Court Advisory and Support ServiceChildren and Family Court Advisory and Support Service

The body responsible for safeguarding and The body responsible for safeguarding and promoting welfare of children involved in Family promoting welfare of children involved in Family Court Proceedings, in England, is CAFCASSCourt Proceedings, in England, is CAFCASS

CAFCASS officers are called Family Court Advisors CAFCASS officers are called Family Court Advisors (FCAs); they are qualified, experienced social (FCAs); they are qualified, experienced social workersworkers

FCAs write reports for Court explaining enquiries FCAs write reports for Court explaining enquiries they have made and advising Court what decision they have made and advising Court what decision would be in the best interests of the childwould be in the best interests of the child

The ResearchThe Research

The main project looked at the ability The main project looked at the ability of young children to state their views of young children to state their views in relation to Family Court in relation to Family Court ProceedingsProceedings

The decision to undertake this The decision to undertake this research was informed by the research was informed by the conclusions of 2 previous research conclusions of 2 previous research projects projects

Previous Project 1Previous Project 1 Exploration of views of 2,200 children [aged 7-13] - Exploration of views of 2,200 children [aged 7-13] -

who/what could help if they were emotionally who/what could help if they were emotionally distresseddistressed

Children from 7 years acted as consultants to the Children from 7 years acted as consultants to the project project

They developed a questionnaire & vignette They developed a questionnaire & vignette These children were clearly able to express their These children were clearly able to express their

views and develop child-friendly research materials views and develop child-friendly research materials

Previous Project 2Previous Project 2 The English Government has set up support The English Government has set up support

services ‘Sure Start’ for children and their families services ‘Sure Start’ for children and their families aged 0 to 5 years.aged 0 to 5 years.

Using a letter box method and ‘smiley face Using a letter box method and ‘smiley face cards’, children as young as 2 were able to cards’, children as young as 2 were able to express their views about the services provided express their views about the services provided by Sure Startby Sure Start

Conclusions from projects 1 and 2Conclusions from projects 1 and 2

Children between the ages of 2 and 7 Children between the ages of 2 and 7 can clearly express their views and can clearly express their views and opinions on a diverse range of issues opinions on a diverse range of issues

Younger children need to express Younger children need to express these through methods which these through methods which depend as much on play and depend as much on play and demonstration as on direct speechdemonstration as on direct speech

Main projectMain project

A survey was undertaken to explore:A survey was undertaken to explore:

1.1. views of FCAs on abilities of young views of FCAs on abilities of young children to express their wishes & children to express their wishes & feelings in the context of legal feelings in the context of legal proceedingsproceedings

2.2. how far child development theories how far child development theories influenced those views influenced those views

3.3. how adequate FCAs’ training was in how adequate FCAs’ training was in this context this context

MethodMethod Ethical approval was givenEthical approval was given

A stratified sample of 7 CAFCASS A stratified sample of 7 CAFCASS offices was obtainedoffices was obtained

Questionnaires were emailed to staff Questionnaires were emailed to staff at participating offices at participating offices

FCAs emailed back their FCAs emailed back their questionnaires questionnaires

FindingsFindings

23 FCAs responded 23 FCAs responded

14 were female, 9 were male14 were female, 9 were male

Length of experience as family court Length of experience as family court

officer - from 10 months to 22 yearsofficer - from 10 months to 22 years

Qualified between 5 and 31 years Qualified between 5 and 31 years

Ages of children Ages of children Response to question:Response to question: How old was the youngest child whose wishes and How old was the youngest child whose wishes and

feeling you attempted to ascertain?feeling you attempted to ascertain?

age youngest child - direct communication

7.06.05.04.03.0

Count

10

8

6

4

2

0

1. Direct work issues1. Direct work issues No significant difference between gender of No significant difference between gender of

FCA and age of youngest child FCA and age of youngest child No correlation between length of time as No correlation between length of time as

qualified social worker or FCA and age of qualified social worker or FCA and age of youngest child youngest child

Most commonly quoted factors influencing Most commonly quoted factors influencing decision to use direct communicationdecision to use direct communication

1.1. Child’s verbal ability - 14Child’s verbal ability - 14

2.2. Child’s maturity - 7Child’s maturity - 7 Self-rating of skill level – 10 highly skilled Self-rating of skill level – 10 highly skilled

13 moderately skilled13 moderately skilled

Techniques to help children communicateTechniques to help children communicate

Toy courtroomToy courtroom Use of ‘go betweens’ eg Use of ‘go betweens’ eg

FCA’s own dog [floppy FCA’s own dog [floppy ears]ears]

Place to put secrets eg Place to put secrets eg ‘toy rabbit with a zip’‘toy rabbit with a zip’

Story tellingStory telling Airport play set/carsAirport play set/cars

2. Child development knowledge2. Child development knowledge

Theorists taught during qualifying training

VYGOTSKY

PIAGET

SKINNER

FREUD

ERIKSON

BOWLBY

Su

m30

20

10

0

5

2120

2120

23

The most influential theorist

in work communicating with children

1

7

1

5

10

VYGOTSKY

PIAGET

FREUD

ERIKSON

BOWLBY

Child development Child development continuedcontinued

Knowledge of Vygotsky not related to:Knowledge of Vygotsky not related to:

Length of time since qualificationLength of time since qualification Gender of FCAGender of FCA Skill rating Skill rating Age of childAge of child

3. Training issues3. Training issues No significant difference between self-rated No significant difference between self-rated

skill level and length of time since qualifiedskill level and length of time since qualified

Provision of child development training at Provision of child development training at qualifying levelqualifying level birth to 2 years - 18birth to 2 years - 18 3-8 years - 193-8 years - 19

Number of FCAs reporting that training met Number of FCAs reporting that training met their needs relating to communicating with their needs relating to communicating with childrenchildren Qualifying training - 6 Qualifying training - 6 In-service training - 17In-service training - 17

ConclusionsConclusions

FCAs consider seeking wishes & feelings FCAs consider seeking wishes & feelings of children from age 3of children from age 3

But some have reservations below age 5But some have reservations below age 5 They self-rate skills as high or moderateThey self-rate skills as high or moderate Use wide range of communication/play Use wide range of communication/play

methodsmethods They use cognitive theories flexibly to They use cognitive theories flexibly to

inform decisions [Piaget]inform decisions [Piaget] Rarely use Vygotsky despite his Rarely use Vygotsky despite his

relevance relevance

Vygotsky relevant becauseVygotsky relevant because::His theories:His theories: see children within social contextssee children within social contexts can be applied to young children can be applied to young children

and those with communication and those with communication difficultiesdifficulties

acknowledge importance of acknowledge importance of mediating adults and peers and mediating adults and peers and co-construction of meaning co-construction of meaning

Examples Examples one FCA said “one FCA said “Good preparation by Good preparation by

carerscarers” helped children ” helped children understand role of FCAsunderstand role of FCAs

Another stated importance of FCAs Another stated importance of FCAs capacity to “capacity to “pick up [child’s] pick up [child’s] abilities to express herself through abilities to express herself through play and develop playplay and develop play””

RecommendationsRecommendations Qualifying training needs to include:Qualifying training needs to include:

More observation of children and More observation of children and placement in early years settingsplacement in early years settings

Teaching and application of wider range Teaching and application of wider range of child development theories, especially of child development theories, especially Vygotsky Vygotsky

More training in communication More training in communication skills/techniques – applying theory to skills/techniques – applying theory to practicepractice

On-going training is needed, which On-going training is needed, which revisits all these areasrevisits all these areas