Children's Needs â Parenting Capacity - Digital Education Resource ...
Children's Needs â Parenting Capacity - Digital Education Resource ... Children's Needs â Parenting Capacity - Digital Education Resource ...
Introduction 15The Domestic Violence, Crime and Victims Act 2004 amended part 4 of theFamily Law Act 1996 and the Protection from Harassment Act 1997. The 2004Act extended the powers of the court in protecting the partners in a relationship.Furthermore, it created a new criminal offence of ‘causing or allowing the death of achild or vulnerable adult’ (Section 4 of the Domestic Violence, Crime and VictimsAct 2004).Section 24 of the Crime and Security Act 2010 also seeks to protect womenand children who are the victims of domestic violence. Senior police officers havebeen given the power to issue domestic violence protection notices (DVPN). Sucha notice can be used to ban violent men from the family home, initially for 24hours, to prevent women from future violence or the threat of violence. The safetyof the child must also be taken into consideration. Before issuing a DVPN theofficer must consider ‘the welfare of any person under the age of 18 whose interests theofficer considers relevant to the issuing of the DVPN (whether or not that person is anassociated person)’ (Section 24(3) of the Crime and Security Act 2010).The issuingof a DVPN triggers the application to the magistrates court for a domestic violenceprotection order. This is an order, lasting between 14 and 18 days, which prohibitsthe perpetrator from molesting his victim.There is also statutory and practice guidance available to support professionals insafeguarding women and children from domestic violence. For example, WorkingTogether to Safeguard Children reinforced the role of the police in identifying andsafeguarding children living with domestic violence; ‘patrol officers attending domesticviolence incidents, for example, should be aware of the effect of such violence on anychildren normally resident within the household’ (HM Government 2010a, p.71,paragraph 2.126). To ensure police officers working in child protection at all levelshave access to specialist training on domestic violence, an updated training modulehas been made available to police forces since December 2009 (Cm 7589).The 2009 Home Office guidance and practice advice and Working Together toSafeguard Children (HM Government 2010a) both advocate the use of multiagencyrisk assessment conferences (MARAC) as a process for ‘helping to addressan issue of domestic violence; for managing PPOs, including those who are problematicdrug users; or for identifying children at risk’ (Home Office 2009a, p.14-15, paragraph2.3.3). (PPOs refer to Prolific and other Priority Offenders). MARAC meetings areexpected to involve representatives of key statutory and voluntary agencies, whomight be involved in supporting a victim of domestic abuse.Another example of multi-agency working in cases of domestic violence is theSpecialist Domestic Violence Court (SDVC) programme. These special courts,within the Criminal Justice System, bring together a similar range of bodies toMARAC.Agencies work together to identify, track and risk assess domestic violence cases,support victims of domestic violence and share information better so that moreoffenders are brought to justice.(Her Majesty’s Court Service et al. 2008, p.3, paragraph E1.1)
16 Children’s Needs – Parenting CapacityLimitations of the research drawn on in thispublicationDifferent laws and culturesMuch of the research on mental illness, learning disability, domestic violence andsubstance misuse comes from the US, which has different laws, traditions, and socialinstitutions from the United Kingdom. For example, a major difference whichexists in relation to substance misuse is the commitment to harm minimisationin the United Kingdom. This approach is not universally shared in the US, whichhas followed an abstinence-only policy for the last 30 years. As a result there areunique services in the United Kingdom, such as consistently available methadonetreatment and needle and syringe exchange schemes for problem drug users, andcontrolled-drinking programmes for problem alcohol users. In the US, abstinencebasedprogrammes, especially in alcohol services, are more available than controlleddrinking, and methadone maintenance programmes are more restrictive in the UScompared to the United Kingdom. This has implications for services for women inthe US, where many treatment programmes for pregnant drug and alcohol usersrequire women to be abstinent in order to take part in the programme. In manyAmerican states, pregnant mothers who use drugs or alcohol risk prison sentenceswhile pregnant on the grounds of physical child abuse.Focusing on a specific issueMost research is centred on a specific issue such as domestic violence, depression,learning disability or heroin use. However, in practice, many problem drug users willuse a variety of drugs and alcohol (polydrug use). Similarly, many of those experiencingdomestic violence also suffer depression and may use alcohol or drugs as a way ofcoping; or those who are perpetrating the violence may be under the influence ofalcohol or drugs. Moreover, a learning disability does not inure an individual todrug misuse, domestic violence or mental illness. In this publication, although eachissue is taken individually when describing the psychological and physical symptoms,when discussing the findings from research in relation to the impact on parentingcapacity a more pragmatic and inclusive approach has been taken.Time-limited researchResearch on these issues usually looks at the influence on parenting capacity overa relatively short period. This approach does not take into account the differingneeds of the child at various times in their life or the fluctuating nature of drug andalcohol use, learning disability, mental illness or domestic violence on the parentsthemselves. Longitudinal studies would help minimise this limitation, but they arefew and far between.
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16 Children’s <strong>Needs</strong> – <strong>Parenting</strong> <strong>Capacity</strong>Limitations of the research drawn on in thispublicationDifferent laws and culturesMuch of the research on mental illness, learning disability, domestic violence andsubstance misuse comes from the US, which has different laws, traditions, and socialinstitutions from the United Kingdom. For example, a major difference whichexists in relation to substance misuse is the commitment to harm minimisationin the United Kingdom. This approach is not universally shared in the US, whichhas followed an abstinence-only policy for the last 30 years. As a result there areunique services in the United Kingdom, such as consistently available methadonetreatment and needle and syringe exchange schemes for problem drug users, andcontrolled-drinking programmes for problem alcohol users. In the US, abstinencebasedprogrammes, especially in alcohol services, are more available than controlleddrinking, and methadone maintenance programmes are more restrictive in the UScompared to the United Kingdom. This has implications for services for women inthe US, where many treatment programmes for pregnant drug and alcohol usersrequire women to be abstinent in order to take part in the programme. In manyAmerican states, pregnant mothers who use drugs or alcohol risk prison sentenceswhile pregnant on the grounds of physical child abuse.Focusing on a specific issueMost research is centred on a specific issue such as domestic violence, depression,learning disability or heroin use. However, in practice, many problem drug users willuse a variety of drugs and alcohol (polydrug use). Similarly, many of those experiencingdomestic violence also suffer depression and may use alcohol or drugs as a way ofcoping; or those who are perpetrating the violence may be under the influence ofalcohol or drugs. Moreover, a learning disability does not inure an individual todrug misuse, domestic violence or mental illness. In this publication, although eachissue is taken individually when describing the psychological and physical symptoms,when discussing the findings from research in relation to the impact on parentingcapacity a more pragmatic and inclusive approach has been taken.Time-limited researchResearch on these issues usually looks at the influence on parenting capacity overa relatively short period. This approach does not take into account the differingneeds of the child at various times in their life or the fluctuating nature of drug andalcohol use, learning disability, mental illness or domestic violence on the parentsthemselves. Longitudinal studies would help minimise this limitation, but they arefew and far between.
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