West of Berkshire LSCB Forum Neglect - what can we do together locally to tackle this issue?

Agenda 09:30 Welcome and house keeping 09:35 Understanding neglect 10:15 Neglect in the eyes of the law 10:30 Case Review/learning from inspection and audit – how can we improve our local response? 11:15 Networking 11:30 Close

Understanding Neglect Working Together defines neglect as: Neglect is the persistent failure to meet a child’s basic physical and/or psychological needs, likely to result in the serious impairment of the child’s health or development. Neglect may occur during pregnancy as a result of maternal substance abuse. Once a child is born, neglect may involve a parent or carer failing to: Provide adequate food, clothing and shelter (including exclusion from home or abandonment); Protect a child from physical and emotional harm or danger; Ensure adequate supervision (including the use of inadequate care-givers); or Ensure access to appropriate medical care or treatment.   It may also include neglect of, or unresponsiveness to, a child’s basic emotional needs.

Neglect – in the eyes of the law Offences Child Cruelty (commonly referred to as ‘Neglect’) Causing/allowing death or serious physical harm Case Examples Abandonment by single parent to go to work Death of child by falling from 1st floor window Questions

Child Cruelty S.1 Children & Young Persons Act 1933 It is an offence for a person aged 16+ (at the time) who has responsibility for a child under 16 to wilfully themselves, cause another or procure another to either: ASSAULT / ILL-TREAT / NEGLECT / ABANDON / EXPOSE the child under 16 in a manner likely to cause unnecessary suffering/injury to health CRUELTY OFFENCE SLIDE   AGES Offender Age = 16 or over Victim Age = Under 16 RESPONSIBILITY Responsibility can be temporary, such as babysitters Several people can have responsibility at a time PR is presumed responsibility, even when the child is not under their care WILFULLY Difficult to prove, not defined by statute Oxford Dictionary defines it as “done on purpose, deliberate, intentional” R v Senior 1899 “act done deliberately & intentionally, not accident/inadvertence” PROCURE In Law, means to persuade or cause (someone) to do something. ASSAULT/ILL-TREAT/NEGLECT/ABANDON/EXPOSE Neglect is an omission to care To abandon a child means leaving it to its fate PRESUMPTIONS OF NEGLECT The accused failed to provide accommodation, food, clothing or medical aid If the child is under 3, neglect will be presumed if the next three following steps are satisfied: Child under 3 was in bed with the accused The accused was drunk or on drugs Child died from suffocation by the accused IN A MANNER LIKELY TO CAUSE UNNECESSARY SUFFERING/INJURY *INTENT OFFENCE* Only necessary to prove person acted in manner likely to cause the suffering/injury

Causing/Allowing Death/Harm S Causing/Allowing Death/Harm S.5 Domestic Violence, Crime and Victims Act 2004 A child (V) has died or suffered serious physical harm; As a result of an unlawful act, course of conduct, or omission of a person (D), who was a member of the same household as V and who had frequent contact with V; There existed at the time of death, a significant risk of serious physical harm being caused to V by the unlawful act of any member of that household and either: D was the person whose unlawful act caused the death or the harm; or D was, or ought to have been, aware of the risk, and failed to take reasonable steps (as could be expected) to protect V; and The death or harm occurred in circumstances of the kind that D foresaw or ought to have foreseen. CAUSING/ALLOWING OFFENCE SLIDE   INTRODUCTION Read the offence Very wordy offence, not going to dwell on it, lots of law; pick out pertinent points More to highlight there is another offence akin to ‘neglect’ available to Police IN A NUTSHELL Imposes a duty on members of a household to take reasonable steps to protect children or vulnerable adults within that household from foreseeable risk of serious physical harm from other household members LAW POINTS Unlike cruelty offence, it is a *RESULT OFFENCE* Requires there to have been a death or serious physical harm Offender Age = 16 or over Covers children under 18 and vulnerable adults as victims too HOUSEHOLD MEMBER A person does not have to live in the household to be a member of the household FORESAW RISK Prosecution must prove that a member of a household foresaw or ought to have foreseen the risk of serious harm from another member of the household FAILED TO TAKE REASONABLE STEPS TO PROTECT The household member must have failed to have taken reasonable steps to protect Examples: Reporting suspicions of abuse to police or other agencies Prompt treatment of injures Contacting other ‘outside’ family members or friends with their suspicions Attending anger management or parenting classes

Case Examples Any Questions? A cruelty offence relating to the abandonment of 4 children so could go to work – evidential difficulties Fall & death of 18 month old boy from a window, leading to the investigation into circumstances of fall versus poor state of the home – went to an Inquest Common uniform response jobs Any Questions?

Case Review Swindon Child D Child D died unexpectedly in March 2015 aged 2 weeks. His mother had slept with him on the sofa. At the time of his death, child D was known to Children’s Services as his older sibling was subject to a child protection plan. No inquest was held as a post mortem examination concluded that his death was due to natural causes. Read the statement from the mother and maternal grandmother included as part of the SCR. What are you initial thoughts on the family situation that Child D was born into? SCR details can be found here: https://www.nspcc.org.uk/preventing-abuse/child-protection-system/case-reviews/2016/ Or: http://www.swindonlscb.org.uk/wav/Pages/SCReview.aspx

Case Review Now read the brief chronology of key events, as taken from the SCR Has this changed your view of Child D’s situation? Think about the risk factors for Child D Can you relate this case to anyone in your case load?

Key themes Co sleeping on sofa Well known to agencies – child protection plans/interim supervision order Neglect Maternal ill health Mothers’ traumatic childhoods/older children in care

Learning Gaps in communication – between agencies at all stages Gaps in assessment Lack of chronology on social work file Mother’s mental health Identity of male partners and their parenting capacity Viability of grandmother Identification of capacity to change Impact of mother’s childhood on parenting Impact of her lifestyle Apparent changes taken at face value False optimism Mothers/impact on staff Needy care leaver, distracted by her own needs Disguised compliance Impact of traumatic pregnancy and major surgery/effects of strong painkillers

Learning Child Protection Processes Escalation Organisational issues Few core group meetings Implementation of CP plan not addressed at reviews Paediatrician not at strategy meeting No pre birth conference Escalation No escalation by Conference chairs Health visitor Community midwife Organisational issues Changes of social workers and managers Health visitor workload/supervision Workload of safeguarding midwife Delay in community paediatric assessment Cover for vulnerable baby when health visitor not available IT systems

Learning from JTAI & Neglect Audit The Child’s voice Do we hear the child’s voice in neglect cases? Do we understand the child’s lived experience of neglect and the long term impact on life chances? Do we respond to adult needs thus overshadowing the needs of the child   Multi agency planning: A consistent approach - joint decision making and shared responsibility across partners Are we risk assessing - is our response swift Do plans and risk assessments adjust to the baby/child’s/young person’s changing development and needs; ensuring children reach milestones and their full potential The use of multi-agency chronologies to build a picture of the child’s life Is information shared promptly and of quality Do we provide challenge where there is drift in professional meetings Do we escalate to resolve professional disagreements to improve outcomes for children Are we overly optimistic - are we evidencing sustained change – is there a support network in place Multi Agency Training/tools Training across agencies including adult services to identify and understand the impact of neglect To improve the knowledge, awareness, identification and impact of neglect to safeguard children Do adult facing services recognise and respond to neglect Consistent supervision Learning disseminated from SCR’s and audit

What can we do locally? What changes are necessary in light of these findings? What recommendations would you make to the Safeguarding Children Boards? What might be the barriers to making the changes?

Resources DfE Training resources on childhood neglect (handouts): https://www.gov.uk/government/publications/training-resources-on-childhood-neglect-handouts Research in Practice (open access resources available): https://www.rip.org.uk/

Child Death Overview Panel (CDOP) training event - 07/03/2018 Saving Children’s Lives Aims: to raise awareness and develop new skills building on the learning from child deaths. Sudden unexpected death in infants and young children, including safe sleeping recommendations Safeguarding young people engaging in risky behaviour Sharing good practice in responding to child death Purpose and process of CDOP Taking action to reduce child death Practical sessions reviewing real cases Level 3 (Health) safeguarding compliant and evidence of self-development Details £30 10am to 4pm on 07/03/2018 Pincents Manor Hotel, Calcot, Reading, RG31 4UQ

Networking and Close LSCB websites: www.readinglscb.org.uk www.westberkslscb.org.uk www.wokinghamlscb.org.uk Child Protection Procedures online: www.proceduresonline.com/berks/