Care recruitment problems see child sent away against her will

Monday 26 November 2018

A Royal Court case involving a young girl with “complex” behavioural issues, who had to be sent to the UK for specialist care against her will, has exposed the extreme recruitment difficulties plaguing the island’s care services.

14-year-old Linda (name changed) was sent to a residential home in England with a “highly skilled and qualified clinical team” so she could receive specialist care.

The decision was taken Royal Court Commissioner Julian Clyde-Smith, sitting with Jurats Paul Nicolle and Jane Ronge, after Linda started on what was described as “a downward trajectory.”

She was described as emotionally vulnerable, and without “a reasonable prospect of a successful and fulfilling life” if her “complex” needs were not addressed.

The Court heard that Linda had been reported missing 27 times between July and September, including for up to four days at least once. She had also been drinking alcohol and using drugs on many occasions and was associating with registered sex offenders leading to concerns that she might be sexually exploited. The Court also noted that Linda’s lack of engagement at school, despite her being described as bright and able, was a further concern.

Pictured: The Royal Court heard that a psychologist recommended a specialist placement for Linda to avoid "significant behavioural and emotional dysfunction" in her adulthood.

Despite Linda having made some progress by early November, a social worker became concerned that without specialist therapeutic intervention Linda’s “potential would not be met, and her predicted outcomes would be poor.” Linda’s peer group was a particular concern given that she was the youngest in it, and was susceptible to be exploited by others.

A psychologist judged  Linda to be at high risk of “significant behavioural and emotional dysfunction into her adulthood with likely mental health difficulties, substance misuse issues, social and relationship difficulties as well as poor outcomes in terms of her education and employment prospects, despite being bright, with a combined lowering of her life chances overall.”

She recommended a therapeutic approach designed to help children recovering from developmental trauma through the parenting and support they received and a specialist foster placement, with ongoing and responsive support.

But it soon became apparent that there were no such options in Jersey, and that the the availability of specialist carers and a team to support them was “problematic” on the island.

Her concerns were echoed by the Children’s Service’s 'Residential Lead.'

She told the Court that only 16 out of a total of 96 looked-after children – fewer than two in every ten – are currently in care homes provided by the Children’s Service.

 She also said that the service has been having “long-term problems” in recruiting residential child care officers in Jersey, which had led to an unstable workforce.

To address the lack of specialist staff for children with complex needs, the States were said to be training their current staff group in residential homes. The Children’s Service was also reportedly reviewing accommodations with a view to move towards smaller group living.

In addition, the Fostering and Adoption Team were described as reviewing the fostering strategy to recruit carers for children with complex needs.

But these attempts to improve matters were too late for Linda.

Due to this, the Court said it was not possible to create a specialist placement for Linda – or indeed any other child – during the timeframe the girl required.

Although the Commissioner noted in his judgment that it was “strongly arguable” that such specialist help should already be available in Jersey, he acknowledged that his immediate task was to come to a conclusion on how to help Linda in present circumstances.

“…Our statutory mandate is a very practical one, namely Linda’s welfare now, and specifically where her best interests lie,” he continued. “Should she be condemned to the poorer outcome that was likely if she remained in the Island, or should she be given the chance of having the therapeutic reparative work that is only available in the United Kingdom, but for which she would have to be uprooted from her home environment here, at least for the period of her education?” he questioned.

The Royal Court eventually agreed to set aside Linda’s lack of consent to send her to the UK, stating it was in her best interests as the placement “could be life changing.”

“We are very conscious of the downward trajectory… and the short time now left for reparative work to be carried out, and we are left in no doubt that Linda’s best interests lie in this off-island placement, where this reparative work can be done, and where there is a chance of reversing that downward trajectory.”

The Commissioner added that, even though the girl had refused to go, “it would be the kind of decision which we think she would look back on as an adult and regret and question why the decision was not made for her by responsible adults with her best interests at heart.”