RIGHTS & RESPECT Who Cares? Scotland May 2019
OVERVIEW This report presents findings on infringements of rights of Care Experienced people rooted in Who Cares? Scotland’s evidence spanning over four decades. Nearly 1000 Care Experienced voices, from 1980s right up to 2018, contributed to this document through research, policy development, advocacy, annual reports and the SpeakOut magazine. This report also builds on evidence from more than 4,300 Care Experienced people engaged in independent advocacy between 2010 and 2018 raising over 20,000 advocacy issues ranging from pocket money to restraint and abuse. The structure of this report mirrors Who Cares? Scotland’s 1000 Voices Manifesto (2015), which led to the world-first Independent Care Review announced by the First Minister of Scotland in October 2016. It includes thematic analysis of selected evidence grouped into the following areas: • • • • •
Employment Health Education Home and Love.
Who Cares? Scotland has been amplifying voices of Care Experienced people by making changes at local and national level since 1978. In the last decade, 4,384 Care Experienced people from all Scottish local authorities have approached Who Cares? Scotland seeking professional independent advocacy. They raised issues ranging from care planning, relationships with family, placement moves, schooling, restraint to homelessness. While the time to resolve advocacy varies considerably, our research shows it takes 14 calendar days, on average, to conclude an advocacy case. This ranged from 2 days to resolve issues of single separation in secure care to 43 days to conclude formal complaints. This report demonstrates that the injustices faced by Care Experienced people today are no different to those at the end of the last century as detailed in the next five sections. The map overleaf presents the number of advocacy issues raised by children and young people with WC?S Independent Advocacy and Participation Workers between 2010 and 2018 in each Scottish local authority. 2
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The map below presents the current level of independent advocacy provision by WC?S as a proportion of the Care Experienced population at the end of March 2019.
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METHODOLOGY This report presents findings from analysis of selected data sources in the form of advocacy reports, individual advocacy records, policy responses, annual reports and media articles produced between 1978 and 2018. The analysis was undertaken using stratified sampling based on decade, region and type of data source. Preliminary analysis focused on familiarisation with documents and other data sources before generating initial categories which were further tested. The full analysis was carried out using a three-fold qualitative coding process entailing: 1. descriptive stage, which involved identifying key attributes, such as gender and placement, 2. topic stage, which focused on identifying what was discussed and it was about,
3. and finally, an analytical stage, which explored relationships between different topics. Additionally, the findings of the report were further triangulated based on key themes emerging from analysis of information stored in Who Cares? Scotland’s internal advocacy database. The analysis explored information recorded by Advocacy and Participation Workers between 2010 and 2018 and utilised a mix of socio-demographic data (gender, age, disability) and qualitative information pertaining to different types of advocacy issues. Overall, in a period of nine years, 63 different types of advocacy issues were recorded. These were further grouped by a number of care experienced people into five areas: health, home, education, employment and love mirroring the structure of the 1000 Voices Manifesto (2015).
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HEALTH Since 2010, over 7,500 advocacy issues impacting well-being, health and selfcare have been dealt with by Who Cares? Scotland’s independent advocacy workers. These include issues around formal processes and care planning, child protection, mental health and self-harm. These echo the findings from the Off the Wall report written 14 years ago where two-third of Care Experienced people felt unhappy about some aspects of their care (Off the Wall, 2005). Our internal research suggests of all health-related issues safety was and continues to be a major concern for the Care Experienced population (Off the wall 2005, Let’s face it 2003, I wish I could turn back time 2006, Let’s face it, 2003). Ironically, in secure care, the most containing and intense form of alternate care, half of Care Experienced people did not feel safe at all (BOSS, 2004), an issue already identified in 1998 (Annual Report, 1998). “I think it’s important to feel safe because if you go somewhere and you don’t feel safe then you shouldn’t be there – that’s an automatic reaction. You shouldn’t be at that place if you don’t feel safe. You need to be somewhere that you feel safe and comfortable, and you feel comfortable around the people you’re with”, Care Experienced person (Let’s face it, 2003). Other issues negatively impacting Care Experienced people include verbal as well as physical abuse from their peers, but also from people whose primary role is to look after them (Let’s face it, 2003). While bullying and violence are not limited to care, they too are present in families experiencing poverty, addictions and offending, which in turn lead to stigma (I wish I could turn back time 2006) following Care Experienced people during and even after their formal care journey. However, bullying is not limited to care placements themselves, in fact it is often experienced in communities (Off the wall, 2005) and even families (Let’s face it, 2003). That is why it is not surprising that young people report they need support to overcome trauma, instead of being labelled ‘the bad kid’ (This isn’t the road I want to go down, 2008). Since as far back as 1997 Who Cares? Scotland has published research with children and young people that has highlighted concerns around inappropriate and excessive use of restraint resulting in significant physical injuries, including broken bones. In fact, young people have reported that restraint is used inconsistently for a wide and arbitrary range of ‘misbehaviours‘, some of which were seen as trivial (This isn’t the road I want to go down, 2008) but continue to be raised in individual advocacy work.
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“In a restraint they put you on your back. It’s not like a safe hold; it’s more like a danger hold. If we were in charge of schools we would want an end to restraints on young people”, Care Experienced person (Nothing has convinced me to stop, 2008). This is compounded by decades of lack of understanding and recognition of Care Experienced people’s needs. Children and young people continuously talk about single separation, restraint and uncalled for systemic control, which adversely impacts their well-being and sense of worth.
This should not come as a surprise that sometimes “the only way to make distress clear and to be heard was to do something drastic and damaging”, even if it takes form of self-harm or suicide (Mental Health Project, 1998). The need for further information on mental health has been brought up by Care Experienced people over and over again and dates back to the 1990s (Who Cares? Scotland’s Annual Conference, 1995), where the right to counselling, sex education, medical advice formed first calls for change in the care system. “Give us more information about getting help”, Care Experienced person 1998 “You need to know your rights ‘n that, don’t you? Or else people just walk over the top of ye. ‘You’ve no got a right to dae this’ or ‘You’ve no got a right to freedom of speech’, ‘n ye have. If you want to say something then you say it… At children’s hearings and Scottish Executive meetings, you’ve obviously got to stand up for yourself ‘cause, if you don’t, then naebody knows what you want to say. […] It’s all about using your rights, making sure I get what I deserve”, Care Experienced person (Caring about success, 2008). Unfortunately, access to mental health services remains dependent on where Care Experienced people live and the knowledge of those who look after them, echoing concerns raised 20 years ago: “there is already a well-known gap in provision for 16-25 years olds within the mental health service provision” (Mental Health Project, 1998).
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LOVE Nearly 7,000 issues around lack of love, care, trust and respect have been raised by Care Experienced people receiving advocacy since 2010. These predominantly focused on relationships. In fact, our initial research clearly shows that Care Experienced people have consistently talked about the need and want for stable and lasting relationships (Let’s face it, 2003; Secure report, 2011). Calls for at least one person constantly present in their life span over decades (I wish I could turn back time, 2006, Moving on Report 1995), especially as their lives can be a series of changes, disruptions and unexpected circumstances. It is not surprising that relationships are at the forefront of care as families and friends are often left behind and forgotten upon entering the care system whereas maintaining regular and meaningful contact with them is often fraught with practical, financial and systemic difficulties (Boss Project 2004, I wish I could turn back time, 2006). “I would want more contact because it’s my mum and I shouldn’t even need to arrange contact with her, I should just wake up in the morning and say ‘alright mum, I’m off out’ and come back and then go ‘have you got my tea on yet mum?’ I’ve never been able to do that”, Care Experienced person (Let’s face it, 2003) It is clear that contact with significant others is often overlooked, limited and even ignored, particularly where young people are placed at distance from their support networks (This isn’t the road I want to go down, 2008; Mental Health Project, 1998). However, when relationships are supported to exist, they appear distorted, unnatural or even fake. “When my contact was supervised, everyone acted really weird. My Mum and Dad wouldn’t act their self, and I wouldn’t either. It felt like we were at a proper meeting, instead of just spending time with my Mum and Dad”, Care Experienced person, (Contact Report 2014). Unsurprisingly, Care Experienced people agree that good quality contact with others outside of the care system is essential for their wellbeing as it helps them instil a sense of normality and connection to those people deemed to be important out with the professionals in the care system (Contact Report 2014). When connections with families and significant others are impossible, attempts are made to create meaningful relationships with those who formally look after them (I wish I could turn back time, 2006), who can be a source of support (Mental Health Project 1998). “The staff I get on with give me their undivided attention with no distractions. I’ve seen staff sitting and the head of school comes in for a word, and they said ‘no, not the now, 9
I’m busy.’ Others wouldn’t do that, they’d stop and go away”, Care Experienced person (Let’s face it, 2003). “They [carers] are always too busy and we feel that they are not really listening to us.”, Care Experienced person (Off the wall, 2005). However, in the absence of meaningful relationships, isolation, loneliness and distrust grow (Move on Report, 1995). “They say ‘I don’t like your attitude,’ and you ask ‘what attitude,’ and they say ‘you see what I mean?’ Stuff like that – it’s just typical. That’s it there, you’re sanctioned”, Care Experienced person (Let’s face it, 2003). “I was treated differently to the foster families children. There was definitely favouritism towards their own children”, Care Experienced person (Children and Young People Bill. Young People’s views 2012). Trust and privacy are also important issues for children and young people (Let’s face it, 2003, Mental Health Project 1998). In fact, two thirds of Care Experienced people said they cannot be honest about revealing their real feelings to adults in a review or panel situation (Off the wall, 2005). “[It] is important for all young people to have people to listen to them. The one and only main thing to having a good experience and good relationships with staff, is trustworthy relationships, trust is the key part to any relationship”, Care Experienced person (Let’s face it, 2003). “Our group had issues with privacy and confidentiality like sharing rooms, being allowed to talk on the telephone with no one listening and all sorts of things that we feel are inappropriate age-related sanctions,” Care Experienced person (Off the Wall, 2005). “Why is my life such a mess Social Workers think they know best They never stop or pause to think What it’s like to be in the clink It’s sad to miss your mum or dad To miss the friends that you once had When they don’t want you anymore Life becomes a dreary bore So what happens when your panel comes And you’ve got to say goodbye You see your father standing there with A teardrop in his eye You stand there speechless with a lump In your throat And you don’t know what to say Then it’s back to the homes once again For another boring day” 10
Care Experienced person, SpeakOut, August 1983
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HOME Almost 3,000 advocacy issues were raised by Care Experienced people in relation to their homes from 2010 to 2018. Their concerns mostly related to the environment they lived in as well as placement changes. The worries focused on the loss of relationships with staff they have developed attachment to, but also their friends. This mirrors findings of the Caring about success report (2008), where over half of young people (107) taking part in the research reported that being successful meant to them “having happy and caring relationships” (Caring about success, 2008). Any move, in effect, would lead to building new relationships with strangers, which can be a source of anxiety and apprehension (Mental Health Project, 1998). “The place I’m in just now, I’ve been there for 3 years and I couldn’t even name how many staff have come and went there’s been that many”, Care Experienced person (Let’s face it, 2003) They also fear lack of support networks, which lead to loneliness, isolation and poor wellbeing (Moving On Report, 1995). Young people expressed more concerns about their care environment than anything else in relation to their experience. Particular concerns were raised in relation to size of residential units, staff, the amount of rules, the lack of freedom and being listened to (Children and Young People Bill. Young People’s views 2012). “It could have been more homely. All the posters and health and safety regulations made it more like a business than a home”, Care Experienced person (Ibidem). It is clear that where the move is to a secure unit, there are additional practical issues, such as shaving, getting haircuts as well as changes in rules and boundaries and ultimately adjusting to these changes (Secure Report 2011; Off the Wall, 2005). It’s feeling at home It’s when you’re not alone It’s when you’re safe in your home It’s not having to worry about Who’s there It’s not having to share (a room!) Feeling safe is important 12
It’s not feeling alien Feeling safe and secure It’s feeling at home When you’ve got Someone to turn to It stops you Feeling blue Care Experienced person 2005 (Off the Wall, 2005)
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EDUCATION Over the last nine years, Care Experienced people brought to our attention concerns about education provision almost 1,400 times. These predominantly focused on the level and nature of education and training provided, issues in school, additional support for learning and additional support for needs (Advocacy analysis, 2010-2018).
However, our initial research actually dates them back to the 1990s, when some Care Experienced people already felt unable to continue college or training due to restricted financial circumstances, while others felt that it was difficult because they did not receive enough support with their studies: “if you don’t get encouraged, you can easily give up”, Care Experienced person, (Who Cares? Scotland Conference, 1995). “In ma old mainstream school I used to get treated different from all ma friends and just cause they were staying with their mum and dad I was living in care and they thought ‘She canny do it’, ‘She won’t pass the exams’ and all that… I just stopped going to school after that”, Care Experienced person, (Caring about success, 2008). Although some said education in the care system was easier in comparison to mainstream, it proved “good but too easy” (This isn’t the road I want to go down 2008), suggesting that Care Experienced people do not receive sufficient support to start adult life when leaving care. Historically, education in the care system has been experienced as limited formal schooling fraught with truancy, exclusions and even use of alcohol and drugs (I wish I could turn back time, 2006). What’s more, many people experience pressure to move on because of age or the need for a bed space in a children’s unit for someone else. Some felt that care plans were forgotten when it came to moving on and “then you just had to take what you got”, Care Experienced person (Who Cares? Scotland Conference, 1995). 15 years ago, Care Experienced people were highlighting issues in accessing school and wider education, often leaving the care system with high hopes but facing the harsh reality of lack of prospect and opportunities to flourish (Boss Project, 2004; I wish I could turn back time, 2006). Although calls for grants and bursaries available for the Care Experienced population were first voiced in 2006 (I wish I could turn back time, 2006), they were only answered recently through the Commission on Widening Access in 2017. 15
Even though historically education in care has been scrutinised and inspected, as many as half of surveyed Care Experienced people did not know about the care standards at all in 2005 (Off the Wall, 2005) with many young people finding the standards hard to understand (CEO of Care Commission, Off the Wall, 2005). Consequently, access to information about rights, entitlements and opportunities has been historically limited (This isn’t the road I want to go down 2008) with independent advocacy continuously aiming to close the gap between the known and unknown.
Although independent advocacy is positively valued (92% of Care Experienced people felt advocacy helped them, Advocacy Action Research 2016) and provides a solution to educational and other issues by increasing awareness of rights, feeling included and respected (Advocacy Outcomes, 2019), professionals have little or limited understanding of independent professional advocacy (Advocacy Action Research 2016). This is why, it comes as no surprise that young people often do not know their rights and entitlements and are unaware of the choices they have and even what is happening to them “you’d be alone if they didn’t explain what is going on”, Care Experienced person (National Practice Model 2018).
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EMPLOYMENT While employment issues were only raised around 600 times in advocacy capacity since 2010, they appear symptomatic of the limited opportunities Care Experienced people have been facing upon leaving the care system for decades (Boss, 2004, Who Cares? Scotland Conference 1995). Care Experienced people’s concerns predominantly related to finance and housing benefits, which have proved difficult to navigate. Although employment concerns were relatively infrequent in relation to other advocacy issues, the fact that Care Experienced people face disproportionate discrimination when entering the labour market has been an issue raised repeatedly since the 1990s. “Chances. Careers or anything. Obviously being in here [children’s home] for as long as I huv been, you go out, they look at your record and that, and they see al your f*cking offences and aw that… and they normally don’t gie you a chance”, Care Experienced person (Caring about success, 2008).
Too often, the care system left Care Experienced people high and dry after leaving care (Boss Project 2004). The realisation that employment opportunities are severely limited due to Care Experienced people’s inexperience, lack of skills and understanding of the labour market has been known for years (Who Cares? Scotland Conference,1995). Yet demands for changes (leaving care consultations in the 1990s, calls for coordinated supports, more meaningful employment opportunities) at local and national levels have remained unanswered leaving Care Experienced people facing bullying and discrimination at the workplace (Advocacy analysis 2010-2018). Our initial analysis of advocacy issues in the last decade shows lack of understanding of rights and entitlements, unfairness and inequality in the way employers treat and even select Care Experienced people. This, coupled with a systemic lack of preparation for adult life, continues to put Care Experienced people leaving care in a financial predicament with no appropriate housing, employment prospects or specialist support (Mental Health Project 1998). “The majority of people that found out I was in care thought I was a bad guy. So they just tell me I’m going to fail in life”, Care Experienced person (Caring about success, 2008).
Despite calls for development of life skills in the 1990s and the need for gradually transitioning people to adult life by incrementally introducing independent living arrangements, there has been very little success in provision of meaningful employment opportunities to the Care Experienced population. 18
“I was succeeding when I was oot of this place [care placement], but no when I’m in it… I canny be bothered daen it in here. I would rather have success outside here… If I get out of this, then I’ll start succeeding, but if I’m in here, I’ll no start succeeding”, Care Experienced person (Caring about success, 2008). In response to this issue, Who Cares? Scotland, for the first time ever, employed three Care Experienced trainees through Community Jobs Scotland in 2013. Since then, Who Cares? Scotland have developed a successful Family Firm model and provide support to Corporate Parents to develop their own Family Firm approaches. However, despite securing ring-fenced jobs for Care Experienced people up to the age of 29 and for a 12month period rather than 6 months, this has not yet resulted in creation of significant numbers of employment opportunities for Care Experienced people beyond Who Cares? Scotland. Despite this positive development, Who Cares? Scotland’s independent advocates continuously support Care Experienced people in dealing with benefits, attending Job Centre Plus meetings, writing CVs, wider recruitment, indicating a significant gap in appropriate support for Care Experienced people to gain and sustain employment.
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Who Cares? Scotland 5 Oswald Street Glasgow G1 4QR T: 0141 226 4441
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