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Devon Children and Young People’s Services

Devon Family Group Conferences

Devon Family Group Conferences

A guide for service providers involved with:
Education
Health and Social Care Residential Care
Housing Fostering and other service providers who wish to know more

Contents

General Philosophy

Family Group Conferencing (FGC) represents an established way of working with families. They are not a one-off meeting, but a process. This means that FGC’s will have an impact on all areas of practice, and the principles will need to be applied broadly. FGC’s are straightforward in their approach and go some way to redress the power imbalances experienced by children/young people and their families.

The development of FGC’s has been in part a response to the need to provide more effective services to actively engage children/young people and their families in their planning, and managing risk. It is based on the belief that families can usually find their own solutions to the difficulties they are facing, and that children/young people have the right to have their families fully involved in their future planning.

The process involves clear information being shared, respect towards individuals and no assumptions being made. It is important that the philosophy moves beyond service delivery and becomes part of the implementation and planning process which has traditionally been a largely professionally led process.

The Background to FGC’s

FGC’s developed in New Zealand and has its origins in the culture of the Maori people. In the 1970’s the Maori people made clear their concerns about the way in which social welfare services in New Zealand functioned. They particularly highlighted:

• The disproportionately high number of Maori children in the care of the State
• The over-representation of Maori children on social worker’s case loads
• The almost exclusive placement of Maori children with white European families
• The lack of Maori social workers
• Allegations of ill treatment of children in State care.

These concerns were encompassed in legislation in New Zealand in their Children, Young Person and their Families Act 1989.

“Central to the new legislative structure was the concept of a Family Group Conference charged with empowering family groups to protect and care for their own children and young people”(Wilcox et al 1991).

The object of this Act was to promote the well-being of children, young persons and their families and family groups. The FGC is recognised by the New Zealand Act (1989) as being the key process by which family groups make informed and reasonable decisions, recommendations and plans in regard to their children and young people.

The concept of what constitutes a family group is open to the widest possible interpretation and the focus of the FGC is firmly on the ‘best interests of the child’.

The Context of Family Group Conferences

It is necessary to view the development of Family Group Conferences in the light of the current legislative framework and knowledge from research.

The Children Act 1989

As mentioned previously, in New Zealand, FGC’s are enshrined in their law. In England and Wales they are not. The two Acts, both the New Zealand and England and Wales Acts, do have some similar principles, and these should underpin and inform the development of any way of working. It is impossible to outline all the key parts of the legislation, but we have outlined some key areas that provide support to the notion of FGC’s. These key principles are:

• Safeguarding children/young people and promoting their welfare
• Partnership
• Contact
• Parental Responsibility
• Family Support
• Services to children with disabilities
• Re-uniting children/young people with their families
• Taking account of Race, Culture, Language and Religion.

Following a recommendation in the Review of Child Care Proceedings (DCA/DFES 2006) FGCs are cited in the revised version of Children Act 1989 Guidance Volume 1 as being a means of exploring the possibility of safe placements for vulnerable children within their family network rather than them becoming looked after and/or being the subject of care proceedings (paras 3.24 & 3.32)

Family Group Conferences have gained recognition by the Government and is regularly cited as an expectation of Local Authorities in the statutory Guidance:

• The White Paper, Care Matters: Time for Change(DFES 2007) promotes family and friends care as an alternative to children being looked after and announced a training programme to develop capacity for convening FGCs.

• Following a recommendation in the Review of Child Care Proceedings(DCA/DFES 2006) FGCs are cited in the revised version of Children Act 1989 Guidance Volume 1 as being a means of exploring the possibility of safe placements for vulnerable children within their family network rather than them becoming looked after and/or being the subject of care proceedings (paras 3.24 & 3.32)1; and

• The Public Law Outline(2008) requires that a record of discussions with the family (which could include a family plan arising out of an FGC) is filed by the local authority when proceedings are issued as part of the pre-proceedings checklist and that active case management includes encouraging the parties to use an alterative dispute resolution procedure where appropriate during the proceedings, which is likely to include the use of FGCs (para 3.15).

In the statutory guidance for local authorities it states:

• What alternatives are there for Family Group Conferences (FGC) to pursue alternative kinship options? “We would encourage greater use of FGCs as not all local authorities currently make use of this practice”
• It is also recognised that for some children “it is only possible to pursue ‘family and friends’ options once proceedings have begun

• Family Justice Review (2011)” the benefits of family group conferences should be more widely recognised and their use considered before proceedings.” (para 98)

• Working Together (2013) In the provision of early help services the Government identify the need for Local Authorities building on processes that enable families to solve their own problems

The Key Elements of Family Group Conferencing

The following outlines the view of the Family Rights Group on the key features of an FGC:

• The term ‘family’, in the context of FGC’s refers to blood relatives and to non-related significant family friends or neighbours. It does not imply one particular type of family.
• The role of the Independent Co-ordinator is vital in negotiating attendance at an FGC and informing all participants about the process involved. The role is separate and independent from other professional involvement with the family. Where possible the Co-ordinator should be matched for race, culture, religion and language of the family. The starting point for this should be discussions with the family.
• Attendance of family members should be facilitated by professionals through financial and practical assistance with travel, choice of venue, availability of interpreters etc.
• The Co-ordinator has the responsibility to identify and address issues of race, gender and culture and to respond positively to any particular needs a family may identify. The FGC will be held in the language choice of the family.
• A child/young person who attends should be helped to identify a supporter, preferably from within his or her own network. Only in very exceptional circumstances should this person be from the professional network, i.e. foster/residential carer, due to the impact that this can have upon the private family time; careful consideration needs to be given to this, by the Co-ordinator.
• The role of the professionals is to share information and knowledge with the family, and to answer any questions the family may have. It is not to present a plan and seek family agreement to this. The family must be the primary planning group.
• The family must always have private decision-making and planning time - unless they specifically request a particular professional to be present.

• The family’s plans should be agreed, and resources negotiated by the various agencies and professionals unless the plan is thought to place the child/young person at risk of significant harm. In such situations it will be necessary for the professionals to explain the specific concerns that they may have regarding the risk to the child, and what will happen if the family cannot make a plan.
• Processes for validating the family plans will be made clear to the family group from the beginning along with any possible timescales or delays.
• The family’s and professionals monitoring arrangements outlined within the plan should be clear and the family must know what can be done if contents of the plan are not implemented.
• There should be a presumption that all family members will be invited to the FGC. It is recognised that in exceptional circumstances it may be necessary to exclude a family member, in such cases their input should be sought in alternative ways, i.e. through letters or tapes. The ground for exclusion should be clear and put in writing to the particular family member. The decision to exclude rests with the Co-ordinator.
• Research and practice evidence suggests that families are able to prepare a plan, in the majority of situations. Professionals need to be clear with families what is likely to happen if they are unable to prepare a plan.
• In Devon, Review FGC’s are built into the process. Dates are arranged at the FGC. These enable the plan to be updated if there is a need, for example if family member’s circumstances have changed, or if there are any difficulties with the original plan which need updating.

Roles and Responsibilities

For FGC’s to be effective, it is important that everyone involved is clear about his or her roles and responsibilities within the process.

The following gives an outline of the key responsibilities of all those involved in the process:

Role of the Family

• Have the child’s best interests at heart – listen to the child’s view

• If possible get issues with others resolved, before the FGC, or leave issues with others aside at FGC, to focus on child’s needs, and put theirs above your own

• Raise any burning new issues before the FGC

• Share your view respectfully and listen to others

• Be realistic about the support you can offer

• Focus on each other’s strengths

• Focus on future solutions

• Be prepared to compromise where you can for the benefit of the child/ren

• Put together a Family Plan that keeps the child safe

• Support the Plan in any way you can

Role of the Social Worker or Referrer.

• To carry out statutory duties.
• To initially prepare the family for the possibility of an FGC.
• To write a brief, jargon free report, which includes the needs of the child/young person, and the referring agencies non-negotiable position.
• To carry out any necessary assessments.
• Attend the meeting
• Summarise the main issues as outlined in the confidential information report

• Clarify the bottom line – what is non negotiable from the referring agency point of view

• Highlight the main issues for the family to consider – what of the children’s needs are to be met in the Family Plan being clear around care and protection issues

• To provide information about resources available and the likelihood of accessing them.
• To respond to any questions from the family, and /or safeguarding issues, that arise that will be referred back to the referrer for action

• Be clear about what will happen if the family cannot agree a Family Plan, or make it work – what will the referrer/their agency need to do in relation to planning for the child, what is the next step.

• Stay at the FGC to hear the plan the family make.

• To agree the plan (with line management) and advise the family of validation, ensuring that decisions, recommendations and plans from the FGC meet the care and protection needs of the child/young person. These should be recorded on the child’s file.
• If the Family Plan does not ensure the child’s safety, be clear about your concerns/ give family the opportunity to revise their Plan

• Support the Family Plan in any way that you can.

Role of Managers

• Agree to and support referral and the FGC process and principles and ensure the referrer is able to attend the whole FGC.

• Confidential Information needs to be signed by those with PR, where appropriate the child, Social Worker and Team Manager

• Be clear about what is non negotiable in relation to the LA view for the child and the consequences which will occur should the family not be able to meet the bottom line or make a plan

• Ensure the referrer is clear about resources.

• Sign the Confidential Information report that will be the agenda for the meeting

• Clarify any information for family from own/ other agencies

• Any questions from the family, and /or safeguarding issues, that arise during the preparation stage will be referred back to the referrer for action

• For those involved with the Local Authority - Families need to know if the LA will be considering application for Care Proceedings if no change is able to be made within the family

• Agree the forum to validate Plan before the FGC takes place. i.e Core Group

• Be available to ratify the Family Plan following the FGC as soon as possible if unable to attend the FGC (practice standard within 3 working days )

• The Family Plan must be accepted unless it place a child at risk in some way and if this is the case the reasons for refusal should be specific

• Ensuring implementation through supervision.

• Best practice – to attend FGC in complex referrals to support the referrer during the Information Giving stage.

Role of Other Information Givers/Professionals/Service Providers

• Attend and contribute to the meeting as invited

• Give relevant, up to date information regarding your role/agency

• What potential resources are available to the family, and how do they access them.

• What do you need the family to give consideration to

• Share any future concerns you may have about the child

• Focus on family strengths/ what people do well

• Invite family to ask questions

• Keep language jargon free

• Support the Plan in any way that you can, or are asked to.

Role of Foster Carer/Residential Carer

• To positively support the child/young person throughout the process.
• To remain focused on the needs of the child/young person in helping them prepare for the FGC.
• To assist the child/young person to be clear of their views, and how to express these for the FGC.
• To be available if requested to support the child/young person at the FGC (this will usually mean being available to the child/young person if they leave the private family time).

Role of the Co-ordinator

• In preparation stage to ensure family are well informed about why the FGC is being held.
• To prepare all participants for the FGC, prior to the day.
• To convene the meeting. (This may involve the use of mediation skills to facilitate family members in coming together, but not formal mediation.)
• To clarify roles and responsibilities.
• To share the social workers report with the extended family network after contents have been agreed with the child/young person and the parents with ‘Parental Responsibility’.
• To help explore the wider family network.
• To ensure family members have clear information from professionals.
• To prepare family members to take part constructively and with respect for each other.
• To keep all participants focused on the issues and purpose of the FGC.
• To identify advocacy for the child/young person and other vulnerable family members.
• To chair the information giving stage.
• To ensure the child/young person’s wishes and feelings are heard at the FGC.
• To help clarify the plan.
• To pass back to the referring practitioner any identified child protection issues for decision/clarification.

• To convene a review FGC as agreed with the family and referrer

The Role of the Independent Co-ordinator is

• NOT to be involved in meetings regarding any other planning processes for the child.
• NOT to influence the family or direct their planning.
• NOT to offer mediation
• NOT to monitor the family plan after the meeting.
• NOT to remain in the private time

FGC ground rules

• No blame – families do the best they can given the circumstances

• No past issues – focus on future solutions

• No new news on the day

• Listen to and respect each other’s views

• Confidentiality

• Put personal issues aside

• Focus on strengths

• Focus on child’s needs and best interests

How It Works - The Process in Practice

Process issues appear in italic
Practice issues do not

The FGC should be seen as an approach to planning and decision making rather than as a one-off meeting. There are several aspects of the process, which will be looked at in more detail. These are: