Whether in state or family care, children must be the focus | John Simmonds

Ask people if they would step in to care for a child in the family who cannot be cared for by their parents and most would say yes. This would certainly be the case in an emergency – and it’s likely that this would be the case over a longer period of time. That is not to underestimate the longer-term challenge, but it does reflect a fundamental issue of belief, loyalty and commitment that “family is best”.

The state has no role in approving these arrangements – although it may have a role in providing practical or other forms of support – and research evidence shows that, in the main, they work well for the child and the family.

The exception to this is where the child is assessed to be at risk from their parents because of abuse and/or neglect. It is then the absolute responsibility of the state to investigate and assess the child’s needs and circumstances, and take the necessary action as set out in law. There may be a range of issues at the heart of such situations – including drug and alcohol misuse, serious mental health problems, domestic violence and significant learning difficulties.

In such circumstances, a local authority has a duty to provide help to the family to address those problems, to explore the potential of the wider family in the short or longer term to care for the child, and seek the authorisation of the court to act where there is a significant dispute.

The child must be at the centre of such action, but so must the family, unless there are strong reasons why that is not in the child’s best interest.

The intervention of the local authority and the courts is exceptional and here they do have the power and responsibility to assess and approve family members, usually as foster carers. For a family member or members to be subject to “investigation” and approval, is stressful. To continue after approval to have visits from social workers and other professionals can continue that stress. It is hoped that a good supportive partnership will emerge, but the stress all too often outweighs the support.

Nobody wants to create more difficulties than the family is managing already, but the local authority has a legal duty to make sure the child is safe and the placement is working in the child’s best interests.

The case of seven-year-old Shanay Walker, who died of a head injury after being placed in the care of her aunt under a special guardianship order, illustates what can go wrong. These situations are thankfully rare – but dreadful to contemplate when they happen.

Family is best – that is what the evidence shows – but risk is present too. That is the challenge of delivering a system that places a primary focus on the child, and values the wider family, but is ready to intervene where necessary.

John Simmonds is director of policy, research and development at the CoramBAAF fostering and adoption academy.