The Gazette 1979

SEPTEMBER 1979

GAZETTE

I was consulted because the parents were then insisting on getting the child back. In view of the past history the social workers were satisfied that the earlier assaults had arisen out of certain inadequacies in the parents. As these inadequacies had not really changed, the social workers were very apprehensive that the child would be assaulted again if returned to the parents. The question was, what could be done to prevent that? I had to advise that I did not think that we could move in September to get a Fit Per- son Order on the basis of what happened over six months previously. Had action been taken the previous February a Fit Person Order would certainly have been granted. Instead, the parents had voluntarily agreed to place the child in the care of grandparents. Theoretically speaking, the parents may have come to realise the error of their ways so there was no positive proof they would repeat the previous ill-treatment of the child. There was really no option, therefore, but to let the child go back home to the parents on the basis that the home would be kept under the closest possible supervision. We would have to await a further act of ill-treatment (if it was to happen) to provide fresh evidence on which a Fit Person Order could be sought. The child was allowed home and was assaulted once again. Needless to say, we moved in very fast then and got an Order committing the child into the care of the Health Board. Legal challenges to Fit Person Orders: In child care cases one has to bear in mind also matters of natural justice and Constitutional rights which are so readily invoked these days. A few Fit Person Orders that were obtained in cases with which I dealt were subsequently challenged in the High Court by the parents. I am happy to say that the lawyers acting for the parents were very practical in their attitude. While in duty bound to do what they could on the instructions from their clients, the parents, they were conscious of the potential risk to the children if the High Court proceedings were successful and the children were discharged back to the parents. In those cases the High Court proceedings were compromised without going to Final judgment in a way that provided reasonable safeguards for the children. Duration of Fit Person Orders: Even though a Fit Person Order is obtained it is not the intention in the cases that I deal with that the child should be kept away indefinitely from the parents. A Fit Person Order is normally granted until the child attains 16 years of age unless the Order is sooner varied or revoked. These qualifying words are deliberately put into the Order. Notwithstanding the making of the Order there is ongoing social work with the parents in the hope that the home conditions can be improved and the child eventually returned to the parents. If that can be achieved then the Fit Person Order can be varied or revoked. Effect of Fit Person Orders: The effect of a Fit Person Order is to vest parental custody and control of the child in the fit person. When a health board is named as the fit person, it is free to make such arrangement it considers suitable for the care and maintenance of the child. But the parents are encouraged to maintain contact with the child and all efforts are made to build up a better bond between them. If the child can eventually be returned home, the health board is quite

willing to support an application to the Court for a revocation of the Fit Person Order. Extent of Problem of Children at Risk I have no statistics of the frequency with which cases involving children at risk occur. If the number of cases I have had to deal with is a reliable indicator, there appears to be a considerable increase in such cases. However, I cannot say whether this is a real increase in absolute terms or whether the frequency of occurrence is no greater than in past years. But more cases are being discovered because of the larger number of social workers now working in the community. Possibly both factors are involved. It is horrifying to find at times a case in which it turns out that the ill-treatment of a child has been going on over a period. For example, it has happened on occasions that when a child is being X-rayed on examination for one injury that has come to light, evidence is found that bones or ribs had been broken in earlier incidents and left to heal themselves because the child had not received earlier medical attention. We have all read news reports over the last few years about cases in England in which some children were so badly ill-treated that they eventually died. A sad feature of some of those cases was the people knew what was going on but for one reason or another did not voice their concern to anyone in authority. A reluctance to get involved is a commonplace reaction to unpleasant events. But what a price is paid if it results in the suffering and possible death of a child. Some of the more notorious ill-treatment and fatal injury cases which have hit the headlines in the last few years have been followed by probing question as to what the child care agencies and social workers were doing. We should not be too quick to jump in with criticism, as people often do. The agencies and social workers work under difficulty. They may be handicapped by not having important information which neighbours and others keep to themselves. The difficulties in the home which put a child at risk in the first instance may be considerable and take a long time to deal with. It is not always easy to decide whether the best interests of the child would be served by keeping him in continuing care or by returning him to the family home in the course of the social work programme. Conclusion In concluding my paper I mention two points that I would particularly like to see dealt with. Firstly, I would like to see a greater public awareness of the fact that there are many children at risk within our midst. Traditionally the word "Informer" has been a dirty one on the Irish scene and it deters many people from reporting things when it could be done in the public interest. I would hope that when young innocent children are at risk people can overcome their scruples and report cases in which there is serious reason to believe a child may be at risk. Some people will be in a particularly advantageous position to help in this respect. For example, a teacher may observe signs of bruising on a child that might not readily be explained away by a claim of a fall or other genuine accidental cause. Again, a child may appear very withdrawn in school so that abnormal

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