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Chapter Three: Who Provides Advocacy Support in the Children's Hearings System?
3.1 In this section of the report we present the research findings concerning children and young people's experiences of advocacy support provided by a range of adults including social workers, parents, relatives and carers, independent advocates and other adult professionals. It is important to recognise that children and young people did not generally make a distinction between advocacy support and other support. Nor did they always make a clear distinction between support provided in relation to the Hearings System and other ongoing support. Nevertheless, different forms of advocacy support emerge in children and young people's accounts from the provision of information and explanation at different stages of the process, through to indirect and direct representation at Hearings.
3.2 Those most commonly identified by children and young people as providing support were social workers. This was perhaps inevitable as all but one of the children and young people interviewed had an allocated social worker at the time of the research interview. However, the extent to which support provided by social workers could be described as advocacy support varied. Parents were also identified as supportive and important though the extent to which the fulfilled advocacy roles and performed advocacy tasks was generally more limited than that of social workers. At the other end of the spectrum, legal representatives and safeguarders were far less widely referred to.
Social workers
3.3 Children and young people expressed a range of divergent views about social workers and the support they provided, both generally and in relation to the Hearings process. It was also common for children and young people to have had more than one social worker during their time in the Hearing process, and for them to express different views about particular social workers. In some cases this led to apparent ambivalence and at times contradictory accounts about the social worker role.
3.4 Advocacy support provided by social workers involved a range of roles and tasks. First, they were involved in providing information and explanations at various stages of the process. For example, Oli, aged 15, described how her social worker had helped explain things about the Hearing process to her, which was important if she didn't understand the situation.
3.5 Secondly, they were involved in encouraging children and young people to participate, helping them to overcome their fears and to prepare for Hearings. For example, Zoe's (aged 14) social worker had played a key role in encouraging her to go to her second Hearing after she had twice failed to attend the Sheriff Court. She had done this by spending time with her before and after the Hearing which helped to put Zoe at ease.
3.6 Thirdly, social workers were involved in providing indirect representation at Hearings in various ways which children and young people described as helpful, such as being a supportive presence. For example, Brian aged 14, described his current social worker as standing beside him, whilst John, aged 15, felt that his social worker was on his side. Speedy, aged 11, felt that his social worker was one of the people he needed to be present to prevent him from feeling scared.
3.7 Though younger children were less explicit in their descriptions of the support offered, it was evident that some also saw their social worker's presence at Hearings as supportive. For example, Christopher, aged 9, identified his social worker as amongst those present at his Hearings to support him, whilst Kate, aged 5, said that she wanted the social worker to be at the Hearings because she had been kind to her and her mum.
3.8 Fourthly, social workers were involved in providing direct representation in some cases, speaking for children and young people in Hearings. For example, Brian, aged 14 explained that he let his social worker answer questions from panel members because he sometimes became 'shy and embarrassed' in Hearings. Similarly, Larson, aged 16, said that though he generally spoke for himself, his social worker sometimes spoke for him at Hearings to help him get his point across in addition to providing more general support:
'Well my social worker he like, helps [me] out with different things, getting jobs, talking for [me] cos sometimes I've been to a panel and I've said umpteen things and they just don't listen to you, so my social puts it another way and they understand it that way.' Larson, aged 16
3.9 As can be seen from the examples given, these tasks and roles sometimes overlapped and children and young people might have experience of one or a number of them from the same or different social worker(s). In particular, they may have experience of both indirect and direct representation, either over time or within the same Hearing.
3.10 Where children and young people identified social workers as having provided various forms of advocacy support during the Hearings process, this had been usually been facilitated by a relationship characterised by trust and respect. In the case of Christopher, aged 9, he felt he could trust the social worker who supported him at his Hearing, unlike a previous social worker whom he didn't like.
3.11 Social workers who were able to provide advocacy support were perceived as listening to children and young people and good at talking to them. For example, Brian, aged 14, who had experience of more than one social worker, described the one who supported him as someone who listened and didn't 'say bad things' about him. Social workers with whom children and young people had developed such relationships and who therefore carried out these tasks were often the main source of advocacy support beyond that provided by parents, other relatives or carers.
3.12 The case of Jade, aged 14, provides an example a supportive type of relationship with a social worker, who as a result was able to play a central role in providing advocacy support in the Hearings system. Jade likened her relationship with her social worker to that of a friend, who listened to her:
'It's just I don't see [her] as a social worker. I see [her] as a friend because of the way she listens and that … I can talk to [her] and feel that she listens, but when it was the other ones, I didn't feel as though they listened to me.' Jade aged 14
Both Jade and her social worker, who did see herself as an advocate for Jade, explained that their relationship had been built up over time. The fact that she had previously been involved with Jade's family meant that she was known and trusted by both Jade and her mother. The relationship that Jade had developed with her was contrasted positively to that with previous social workers. Her social worker's approach was to work with her closely in the run up to a Hearing, enabling Jade to comment on a draft of the report that was to be presented to the Hearing. Jade was able to talk to her if she felt nervous about the Hearing. The extent of Jade's confidence in her social worker and the importance attached to her role can be judged by the fact that on one occasion she said that she did not want a Hearing to go ahead because the social worker was not able to be present.
3.13 Those social workers providing advocacy support in the Hearings process were often also involved in giving more general support to children and young people. However, in other cases where social workers were said to have played a role in supporting children and young people, this did not necessarily relate directly to the Hearings process. They had for example been involved in steering them in the right direction and in helping to make things happen. For example, James, aged 14, whose main source of advocacy support was an independent children's advocate, and whose social worker had not attended his Hearing, explained that the social worker had provided other support such as arranging a new school place for him.
3.14 Other experiences of social workers were less positive and children and young people did not see them as providing advocacy support. These views ranged from ambivalence to overt hostility. At the ambivalent end of the spectrum Sarah, aged 13, complained that all one social worker did was take her out. Jay, aged 16, explained that although he met his social worker regularly to talk to her about what was going on, when it came to Hearings, she usually agreed with the panel members. He expressed a desire to have someone there to represent him, which by implication suggested that although he was not overtly critical of her, he saw her role as falling short of advocacy support.
3.15 In some cases children and young people's criticism of social workers extended to not wanting them to be present at Hearings. Sarah, aged 13, said of another social worker that she would prefer it if she didn't attend her Hearings because she felt suspicious of the role she played and excluded by her. Melanie, aged 15, who also had varied experiences of social workers, explained that although she felt that one social worker had helped, in general they did not talk to her before Hearings. She explained that she would rather they weren't at Hearings because panel members just listened to them.
'They don't care. They just get paid to do it. They're like all qualified people.' Melanie, aged 15
3.16 Kirsten, aged 15, also said that she would rather her social worker wasn't present at the Hearing. In contrast to those children and young people who described social workers as providing advocacy support by explaining things or involving them in the process, Kirsten felt that her social worker had not taken the time to explain what would be happening and that although she had told her she had to write a report this wasn't discussed with her and contained inaccuracies.
3.17 For Graham, aged 18, who had been in the Hearings System for several years, social workers merely did things because they had to. They were seen as representing the interests of the local authority rather than his own:
'I don't know just a lot of young people just don't get on with social work at all, just don't like them at all. I can't stand them myself, just everything they do just feels as if they're not doing it for the right reasons.' Graham, aged 18
3.18 The issue of trust in social workers was also raised by adult respondents. For example, it was suggested that by one respondent who had worked with a young person over a long period of time as children's advocate and later as an aftercare worker with a non-statutory agency that whereas social workers were seen as 'care managers', children's advocates were seen as 'pushers', who focussed solely on pursuing the best interests of the child or young person. Other respondents who were themselves social workers commented that the extent to which a child or young person trusted social workers could be influenced by the relationship between the social work department and the child or young person's family. For example where the child or young person's family had a long history of involvement with social work, it would be likely that parents might discourage the child or young person from saying things to their social worker. For another social worker respondent the young person's lack of trust in social worker was seen to be rooted in a wider lack of trust in people which had been influenced by his parents over time:
'[He] found it extremely difficult to trust people. I think that was his biggest problem. His father and his mother just don't trust social workers. He finds it hard to talk, that's getting a wee bit easier and I think he's gradually come to realise that when you're saying things to him, even if it's not what your wanting, what he's wanting, I think he believes in his own way that it's for his own good.' Social worker
3.19 Children and young people invariably referred to having had more than one social worker, and for some their experiences varied between those who appeared to listen and get things done to those who they had a negative experience of or who were seen to be unhelpful or ineffective. Changes of social worker were commonly referred to by children and young people and identified as problematic. It was also evident that social workers were also not always present at Hearings and although duty social workers did attend the child or young person had not met them before, thus limiting the extent to which it was possible for them to provide support.
Parents and carers
3.20 Children and young people commonly referred to their relationships with family members, particularly parents, as being very important to them. Parents were described as looking after children and young people's needs, setting boundaries and helping with behaviour. Mothers were described as being especially important for some young people, who were able to talk to them and trust them. For some children and young people living in care or living apart from their parents for various reasons, Hearings provided an opportunity to see them.
3.21 However, though one or both parents were usually present at Hearings, the extent to which they provided support which involved advocacy tasks was fairly limited. At Hearings it mainly involved indirect representation which, in common with the role sometimes played by social workers, included providing a supportive presence.
3.22 Children and young people overwhelmingly wanted various family members including parents to be present at their Hearings. In some cases it was merely the fact that they were present at the Hearing which was important to the child or young person and this applied across the age range. For example, Speedy, aged 11, explained that he needed them to be there along with his social worker, because he would be scared without them. For James, aged 14, having his mother present, together with his independent advocate, made being at his Hearing 'alright', while Larson, aged 16, described the contribution of his mother as:
'There and sitting with [me] so it's a bit of comfort and support.' Larson, aged 16
3.23 It was less common for children and young people to describe parents as providing support either by giving information about the Hearing, explaining things or providing direct representation by speaking for them, though there were examples of this. Speedy, aged 11, described how his mother explained to him what was going to be happening at the Hearing and gave him information before and after. Without this support, he would not have known what to do at the Hearing.
'Because without those I wouldn't really know what to do or say or whatever. I wouldn't know what to do. And they actually told me how, what's going to happen and everything.' Speedy, aged 11
3.24 John, aged 15, explained that his parents' role extended to looking after his needs and on occasions speaking for him. Jade, aged 15, explained that panel members asked her mother about things, and that this was okay, because it helped her to feel less nervous. Colin, aged 15, also identified his parents as helping him to take part, in that he had depended on them to speak for him initially.
'They'll start me off by speaking for me and that'll be fine but if they wouldn't start it off I'd just be sitting [with my hands up at my face ignoring the panel].' Colin, aged 15
Bart aged 10, explained that his mother helped him and spoke for him on occasions:
'She helps me … she speaks for me sometimes … when I feel like speaking for myself, I tell my mum. I say, mum could I speak this one please.' Bart, aged 10
3.25 In some cases, children and young people explained that although they valued their parents' presence, they too had difficulty understanding what was happening at the Hearings for various reasons. For example, Jay's (aged 16) parents, whose first language was not English, relied on him or his elder sister to translate for them. They had asked for an interpreter, but this had not been provided. Speedy, aged 11, thought that even his mother did not always understand the words used by panel members.
3.26 It was rare for children and young people interviewed to express feelings that the presence of a parent at Hearings was problematic, perhaps because they felt this to be disloyal. However, Darren, aged 16, described feeling annoyed and embarrassed at the way in which his parents sometimes argued at his Hearings. Freddie, aged 15, was clear that since her mother had stopped attending her Hearings she had been able to approach them with a greater confidence (which she also partly attributed to experience). Adult respondents on the other hand did comment that a child or young person's parents' presence at a Hearing could be frustrating for them, even when the child or young person had made no reference to this. For example although Graham did not refer to his parent's presence being problematic even though he was explicitly asked about this, his after care worker said:
'One thing [he] did not like was his mum's interference. In my position I've gone through stages with [him] when we've had support planning meetings and agreed what's going to happen and I've had to say to [him] when his mum's there, "Have I got permission to tell your mum what's happening?", and he's given it to me. Then his mum has said something and he's withdrawn it.' Aftercare worker/previous children's advocate
3.27 Amongst the youngest children interviewed, Kate, aged 5, drew a picture of herself and her mother during the interview. She said that on one occasion she hadn't wanted to go to the Hearing because she had to sit beside her father, and had asked to move so that she was beside her mother. At the subsequent Hearing she was happy because her father wasn't there. With regard to her mother's presence, she explained that she didn't want to be at the Hearing by herself, and she was happy because her mother came too.
3.28 However, in other cases children and young people wanted parents to be present even in instances where young people acknowledged that those relationships were problematic. For example, Claire, aged 14 accepted that her parents did not always listen to her. In general, they had a tendency to be over-protective and treat her like a 'wean' which 'did her head in', but she would always want them at her Hearings. Graham, aged 18, said that he had always wanted his parents to be present, even after they had asked him to move out of the family home, and he had accepted that they had a right to be there.
3.29 Other relatives also provided support for some children and young people. For example, Christopher, aged 9, who lived with his older sister, explained that she helped him fill in a questionnaire prior to the Hearing, and that both she and his grandmother spoke for him in the Hearings which was okay. Craig aged 11, said that his grandmother helped by being there and helping him not to worry.
3.30 Other children and young people described carers, either those who they lived with or who provided ongoing support whilst they remained at home, as playing an important part in supporting them at their Hearings. For example, Bart, aged 10 was accompanied to his Hearings by his mother and his carer whom he spent time with on a regular basis. His carer had helped to explain the Hearing's decision to him after the Hearing. Tom, aged 11, said that his carers had 'talked for [him] when [he'd] been scared to talk'. When asked how they knew what to say on his behalf, he explained that he spoke with them prior to the Hearing and agreed that the carers would speak for him if he found it difficult to find the right words.
3.31 After her mother had stopped attending her Hearings, Freddie's (aged 15) carers still spoke for her on occasions and though this was seen as positive, it illustrated that a very fine balance requiring subtlety on the part of adults had been struck. In common with some other young people she had decided that she would rather speak for herself if she felt confident to do so, but adults might still make an input where she preferred them to do so:
'Just like if I say to them [her carers] I don't want to say this, they say tell your social worker and if the social worker hasn't brought it up they will bring it up.' Freddie, aged 15
Independent advocates
3.32 Working with independent advocates was not typically part of the experience of the children and young people interviewed for this research. However, there were some examples of children and young people working with, and being accompanied to Hearings by, children's advocates from independent agencies' services. In some cases these relationships were seen as very significant to the child or young person, having been developed over a long period of time. For James, aged 14, his advocate had maintained a constant presence in his life, even though he had worked with several social workers. Having her at the Hearings made 'a lot' of difference. This appeared to be based on his sense that she understood him:
'I don't know, she's just always there and she knows, she knows most about me than anybody else.' James, aged 14
However, he explained that on one occasion he would have liked her to speak for him, because it was his first Hearing, but he didn't know that he could ask her.
3.33 Graham, aged 18, had worked with two advocates from the same service over a period of four to five years. He saw them as playing the role social workers should have played. However, unlike social workers they appeared to act in what he considered to be his 'best interests'. He felt reassured that this was the case by the fact that they appeared to act without 'hesitation', so that if they said they would do something, they did it without having to refer to other people. Graham said that even when he had got used to attending Hearings, it was still important for his advocate to be there to provide support.
'Just still just as important as it was when they were saying everything for me. They were still there for me and basically they still got asked questions (by) the panel member.' Graham, aged 18
3.34 Graham's after care worker who had previously been his children's advocate also felt that advocacy support in a broader sense had made a crucial difference to outcomes over time:
'I would say that if he hadn't had advocacy support, he would have been in real trouble because nobody would have been … Okay mum and dad didn't think the social worker was doing anything. To a certain extent they didn't think the panel were doing anything either. They felt that he would just get a "go and behave yourself [Graham]", that he was getting no support from social work. If advocacy hadn't been there he wouldn't be where he is today, he would have been a lot worse.' Aftercare worker/ previous Children's advocate
3.35 In contrast to the experiences of Graham and James which had involved working with independent advocates over a number of years, Freddie, aged 15 who had worked with an independent advocate described the role played by that person as important but time limited in that she had worked with her on a specific issue. Once this was resolved, Freddie no longer felt a need for an independent advocate. Neil, aged 14, explained that there were occasions when he had been able to ask an independent advocate to say something he didn't feel confident about.
Other adult professionals
3.36 Other adult professionals who had accompanied the children and young people interviewed to Hearings included key workers from residential children's units, secure units or day centres. Such workers might become the main source of support for the duration of the child or young person's stay or attendance at the relevant institution. So for Mark, aged 11, his key worker at the residential children's unit which was some distance from his home town, became his main source of advocacy support.
3.37 Mark's key worker articulated very clearly that she played a dual role, reporting Mark's progress to the Hearing, whilst at the same time supporting Mark, enabling him to speak for himself and putting some points across on his behalf. She explained that she felt Mark was more comfortable with her playing that role than his social worker during the period he was in the unit because of the relationship he had been able to develop with her and other workers at the unit on a day to day basis.
3.38 For another key worker in a secure unit the advocacy support role was one she saw herself sharing with the young person's social worker, both in terms of providing information and explanations. She saw her role as helping young people to speak in Hearings, but letting the young person speak as much as possible. However, she was also aware that the young man she was discussing might be reluctant to say things in the Hearing which were negative about her and other workers at the secure unit, for fear of hurting their feelings.
3.39 Stacy, aged 15, had been accompanied to her first Hearing by a social worker. She had been annoyed because they were asking her social worker questions that she thought should have been directed to her, because she felt her social worker didn't really know her. However, at her second hearing she was accompanied by her day centre key worker, with whom she had developed a good relationship through regular contact over a number of months. As a result she was happy for questions to be directed to the key worker.
'Well she knew me, like they were asking questions, asking her questions about me and she knew me so she knew like what to say and that so that didn't really bother me because she's like my key worker at day care so they were asking her how I was getting on at day care and that.' Stacy, aged 15
3.40 Others discussed relationships with adults who had not been directly involved in the Hearings process such as teachers, key workers, befrienders or counsellors. For example, Claire, aged 14, had recently worked closely with a counsellor in an adolescent mental health team. Over a period of months, this relationship had developed into one which Claire experienced as supportive. She explained that she would have liked her counsellor to attend her Hearings with her, but said that she was unaware she could ask for this.
3.41 There were few references to either safeguarders or legal representatives. In fact the SCRA database revealed that only one child had a safeguarder, and though six had Curators ad Litem appointed by the court, though none were mentioned in the interviews. Three young people had experience of legal representatives. Kelly, aged 14, who was in a secure unit at the time of the interview, did refer positively to the role played by her legal representative.
'It's good to have them [legal representatives] because then you can speak to them and tell them what you want and what you don't want and the same with the children's rights officer, they're good as well.' Kelly, aged 14
In contrast, Melanie, aged 15, who had received legal representation at Hearings which took place when she was in a secure unit, felt that her representative had told the panel members what she thought, rather than what Melanie had told her.
Summary
All but one of the children and young people interviewed for this research had an allocated social worker and consequently social workers were most commonly referred to by children and young people as providing advocacy support, involving a variety of roles and tasks.
Some relationships with social workers were characterised by children and young people as based on trust and respect and this facilitated the provision of advocacy support. For others, their experience of social work was less positive. Social workers were not seen as providing advocacy support and in some cases children and young people did not want them to be present at Hearings.
The presence of family members was perceived by children and young people to be very important, though their advocacy support role was limited. It was rare for children and young people to describe the presence of parents as problematic, though adult respondents shed a different light on this in some cases.
For some children and young people other relatives and carers played an important role at Hearings.
Advocacy support from independent children's advocates was not typically part of the experience of children and young people. However, where they had been involved the support was generally regarded by children and young people as very positive either over a long period of time or in relation to more limited intervention.
For children and young people in residential care, key workers became an important source of advocacy support at Hearings.
Some children and young people discussed supportive relationships with a variety of other adult professionals including, befrienders, counsellors and community support workers. However, the extent to which they were involved in providing advocacy support in the Hearings System varied.
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