Further observations from young people in residential care

In our previous post, we quoted children and young people verbatim about some of their feelings about living in residential care.

It is not always ‘easy listening’ but we are committed to ensuring the voices of children and young people are heard, so that we can really try to understand their experiences as they feel them.

Resi care can be challenging and we know that ensuring safety and protection in residential care can make it hard to make a place feel like ‘home’.

We also know that carers work in wonderful ways with children from a variety of cultural backgrounds and abilities, many of whom have a history of trauma.

So here are some further vignettes, recorded by our Advocates from the Child and Young Person’s Visitor Program while visiting children and young people in residential care facilities.

New resources help children and young people in residential care have a say

graphic from one of the having a say posters

New resources, available today, will give children and young people in residential care information about their right to make a complaint and be heard.

Developed by CREATE Foundation, in conjunction with Office of the Guardian, the resources provide information and tools to assist them raise issues that concern them.

Central to the new feedback process is the the Post Incident Reflection Form, developed with input from young people in residential care.

Also available is a set of posters, brochures and two videos which tell children and young people in residential care about their rights and ways to address issues.

The resources have been developed in response to a recommendation from Commissioner Margaret Nyland’s 2016 report The Life They Deserve.  Recommendation 136 from that report proposed that the Guardian’s Office develop an educational program for children and young people in residential care to explain and promote their rights and give them encouragement and the means necessary to have their voices heard.

The live action video shares the stories of young people who relate some of the incidents they faced while living in residential care. It also advises young people in care why it’s important to understand their rights.

For younger people, an animated video describes the Post Incident Reflection Form and how a child in care has the ability to make a complaint at any time.

If resolving an issue with residential care staff does not work, children and young people are encouraged to fill in a complaints form or phone the Complaints Unit directly on 1800 003 305.

Printable files of the posters can be downloaded now from the Resources page of the Guardian’s website and printed copies of the posters and booklets will be available to be ordered from that page in February.

Safety in residential care

graphic of residential care

When we take children[1] into the care of the state, a prime responsibility is their safety.

We have matched comments about safety given to the Office of the Guardian by children during our monitoring visits and advocacy with those from the December 2016 Royal Commission paper Safe and Sound.  There were overwhelming similarities.  In this article we blend the two sources to consider the questions ‘do children feel safe’, ‘when do they feel safe’ and ‘what would they suggest to make things safer?’

How safe do children feel in residential care?

Residents often feel unsafe in residential care. Bullying and harassment are common. Adolescents report that they are frequently worried by the threat of sexual harassment and assault. Older residents say that the impact of witnessing violence, self-harm and the abuse of fellow-residents, leaves them stressed and feeling unsafe.

Children generally think it is unlikely that they would be abused or harmed by a worker, although a small number report that they have encountered or heard about abusive staff. Some are concerned by the behaviours of ‘creepy adults’ and those who try to create inappropriate and overly-familiar relationships with them. Children assess how safe workers are based on their past experiences of abuse, by watching the adults’ behaviours and by how other residents act around them.

Many children describe residential care as feeling unsafe due to its instability and frequent changes of staff. Some relate times when they were moved to less safe residential care placements for no reason than that other young people could take their rooms.

A few adolescents report that adults outside of residential care take advantage of children in care, exploiting their need for a sense of belonging, accommodation and money. A few report that some children in residential care engage in prostitution.

When do children in residential care feel safe?

Children feel safe in a placement that is home-like and where young people feel welcome.  They like it where things feel ‘normal’ and where adults look out for them.

They want to see that organisations and workers take a resident’s safety seriously, that they are interested and take measures to protect them.

They feel safe when there are cordial relationships with their fellow-residents and workers, and that there are other supportive relationships, such as with a social worker or teacher, with people outside of the unit.

Really building relationships with kids works, because then they feel safer to come to you with pretty much any problem.  They’re not going to come to you with problems, even if it’s something as simple as being bullied, they’re not going to come talk to you if they think you don’t like them or don’t listen.

Safe and Sound, p 66

Stability and predictability are important.  Children need to know what is going to happen, and that any difficulties with fellow-residents can be resolved.  Routines, reasonable rules and an opportunity to have a say in decisions give them confidence and sense of control.

They believe that when they are safe, children and young people feel relaxed and calm and are less likely to be aggressive and to harm each other.

Younger residents tend to value security measures such as locks on doors, surveillance equipment and alarms.  In contrast, for older residents, these measures reinforce their sense that residential care is not home-like and is unsafe.

How could we make things safer?

Placements

Find more suitable care arrangements, particularly for those who are younger and more vulnerable and make better placement decisions that allow residents to have a say in how they are matched with other residents. Treat residential care as a long-term arrangement and make sure that changes are kept to a minimum.

Staffing

Train staff about the things that can harm children and their vulnerabilities, particularly their inexperience about sexual relationships and exploitation.  Have sufficient numbers of properly trained staff so that they have the time to develop relationships, are around and have the time to watch out for threats.

Cooperation

Train staff to take on parent-like responsibilities for protecting residents from harm.  Get staff to discuss with residents the risks and how to keep themselves safe. Get staff and residents to work together to identify safety risks and develop ways of dealing with them. Staff need to take the initiative in enquiring after residents’ safety because it is easier for staff to ask residents if they are being harmed rather than waiting for them to report it. Try to create an atmosphere where there are positive relationships between residents where young people can look out for each other.

Hearing the resident’s voice

Staff need to be prepared to listen when residents raise concerns and to be understanding and patient, even when the issues do not seem important at first.  Residents need to be informed that it is OK to raise an issue, what sorts of issues to raise and how to do it.  Make sure that it is safe to do so and that they will not suffer retribution.

A lot of the time it can feel like nothing happens [when an issues is raised] or it gets lost or stuck in the system… No matter what, [issues] should be followed up by someone and the young person should be kept in the loop with regular communication.

Young person in residential care

The Child and Young Person’s Visitor Scheme that is hosted in the Office of the Guardian is now well under way and we look forwards to presenting more of the views of children and the state of the system in future articles.

[1] We use the term ‘children’ to include children and young people up to the age of 18 years. We use terms such as ‘adolescent’ and ‘pre-teen’ to refer to specific age ranges within that group.

Some favourite artwork from young people in care

We would like to share with you some of our favorite artworks from young Aboriginal people in residential care that have come to our notice in the past year.  Please click on the thumbnails to see a bigger version.

Security and stability of placement dominates requests for advocacy

picture of suitcase

The Guardian’s Office received a record 96 in-mandate[1] requests for advocacy in the first quarter of the new year, representing 127 children and young people.

This was an increase of 35 per cent in inquiries and a 24 percent increase in the number of children represented compared to the preceding quarter.

Last year the Office averaged 64 in-mandate requests per quarter.  This follows the trend of an increase in the number of requests for advocacy and in the complexity of the issues raised.

The top five people who initiated in-mandate requests in July-September 2018 were:

Adults in the child’s life                                  42

Children and young people themselves      33

Department for Child Protection staff          10

Health, education and youth justice              5

Non-government organisations                     3

The top five presenting issues (by inquiry)[2] were:

Stability and security of placement              29

Safety                                                                21

Participation in decision making                   18

Contact with significant others                      15

Appropriate care                                               24

These are also the top five issues identified in the Guardian’s 2017-18 Annual Report and substantially the same as those reported in previous years.

The 33 children and young people who requested advocacy directly were in the following care arrangements:

Residential care                                             16

Adelaide Youth Training Centre                     5

Relative care                                                    4

Foster care                                                       2

Commercial (emergency) care                       2

Unknown                                                          4

 

[1] The Guardian is mandated by legislation to promote the interests of children and young people below the age of 18 years who are living in out-of-home care.  Another 17 inquiries were determined to be not within the Guardian’s mandate and those callers were assisted to make contact with a more appropriate organisation.

[2] Young people often present with multiple, interrelated issues.  Presenting issues are counted as primary and secondary and these are added to achieve the numbers reported.

Community visitor programs – what we can learn from Oakden

[Oakden residents] lacked any voice themselves. They were entirely dependent upon others for their care and their safety”. – Commissioner Lander, p190 1

There are many lessons to be learned from the report by Commissioner Bruce Lander QC on the events at the Oakden nursing home, many of which can be applied to other facilities in our state.

Residents of the Oakden facility should have been protected from abuse and mistreatment by layers of overlapping protections which were the the domains of many different people at different levels of government, administration and service provision.

They, their families and the community, would have expected government and senior departmental officers to provide adequate resourcing and oversight and to have policies and procedures in place to ensure suitable levels of care, management and supervision. The training and professional standards of the staff working there should have provided another level of protection. Effective complaints procedures for residents and concerned others should have provided additional safeguards as should have accreditation inspections by external bodies.

Finally, the residents of Oakden relied on community visitors to bring an independent and critical eye to the conditions they experienced.

Commissioner Lander set out in forensic detail how each of these layers of protection failed and his report sounds a warning for any organisation that provides care for vulnerable people in a closed or secure environment.  Regarding the operation of the relevant community visitor scheme (CVS) –

…consideration needs to be given as to whether the CVS in its current form is an appropriate safeguard for those suffering mental illness who are housed or treated in treatment centres, limited treatment centres, or authorised community mental health facilities. [p307]

Commissioner Lander’s critique of aspects of community visiting at Oakden raised questions for all such schemes, not just those visiting mental health services. The Guardian’s Office is currently in the process of establishing two separate community visitor schemes, so the issues he described are instructive as we attempt to craft models for the protection and wellbeing of young people in residential care and in youth detention. These are some of the issues.

Should schemes use volunteers or paid visitors?

Volunteers are assumed to bring into the institution expectations and standards reflecting those of the broader community. Because volunteers are not paid, that could potentially mean larger numbers of visitors within a given budget allowing more frequent visits.  But is it reasonable to expect volunteers to accept the rigorous selection process, training and complex tasks required of a visitor? Commissioner Lander noted that some visitors to Oakden may not have had the necessary skills and support to identify problems, report them and intervene on behalf of residents. He favours a model in which visitors are paid, comprehensively trained, and operate within a rigorous model that has sound documentation and effective accountability mechanisms…


This is the first part of a longer paper which goes on to consider the use of volunteers as visitors, the concept of visiting versus inspection, unannounced visits, visitor independence and the place and value of visitor programs. For the full version, download Community visitor programs – what we can learn from Oakden.

1 Oakden: A shameful chapter in South Australia’s history.

SA spends more on child protection and gets less – 2016-17 ROGS

diagram showing child protection services

The Productivity Commission’s 2016-17 Report on Government Services (ROGS) helps understanding of how the South Australian Government’s expenditure on child protection has changed and how it compares with other states.

Child protection services expenditure in SA per child* has increased significantly from $749 to $1,396 in the period 2013-14 to 2016-17 but the real interest is how this translates into the different services that comprise child protection:

  • in protective intervention services we spend $90 per child, which is just 41 percent of the national average
  • in family support services we spend $131 per child, 49 percent more than the national average – an increase of over 300 percent in the the period 2013-14 to 2016-17
  • in intensive family support services we spend $83 per child, roughly on par with the national average
  • in out-of-home care (foster, kinship and residential care), we spend $1,092 per child which is 91 percent more than the national average.

Out-of-home care consumed 78 percent of the SA child protection budget in 2016-17.

Why does SA spend 79 percent more than the national average on out-of-home care?

One of the reasons is that SA relies much more on relatively expensive residential care (properties staffed with paid workers) rather than home-based care (foster and kinship care). In 2016-17 in South Australia it cost, on average, $670,142 per child in residential care compared to $48,005 per child in home-based care.  Another reason is that SA has relied more than other states on so-called ’emergency’ care which makes use of private agency staff to provide care in rented accommodation – more costly but far less suitable to the needs of children.

*refers to a resident child 0-17 in the SA population as a whole.

There is much more detail in our paper South Australian child protection expenditure from the Report on Government Services 2018, available for download now.

 

Young people speak about protecting their rights in residential care

Following up from Commissioner Nyland’s recommendation #136 in her August 2016 report on child protection systems in South Australia, the Guardian asked CREATE to ask some young people in residential care what they knew about their rights and how they thought that they could be best protected.

Here are some of the things they said.


You can download the above in text form from this link.