Analysis: Safeguarding - Media storm puts pressure on Essex

Hysterical press coverage of child protection cases is nothing new.

But "Victims of the child snatchers," a typical headline from the Daily Mail's crusade against Essex County Council's decision to place two children for adoption, has provoked outrage across the sector. The Essex case came to the Mail's attention after a High Court judge agreed with Essex social services that a four-year-old girl and 14-month-old boy would be at risk of harm if they remained with their parents. The mother has learning difficulties and the father a low IQ.

BAAF Adoption & Fostering has described the coverage as "dangerous and wrong" and has written to MPs to highlight its concerns. "These accusations will fuel mistrust in the system and could lead to fewer parents in need of help coming forward," it warns.

Getting to the real issue

But correcting irresponsible articles has eclipsed debate on the wider issue the Essex case raises: what is the role of local authorities and family courts when parents are not actively hurting their children, but are failing to support them effectively? Essex, whose track record on adoption and child protection is described as strong by the Commission for Social Care Inspection, has stressed the range of support it gives to families.

"In most cases our staff work to support families and ensure children stay with their parents," says councillor Tracey Chapman, the cabinet member for children's services at the Conservative-controlled council.

In this case, the judge agreed with Essex's stance, saying: "The tragedy is that the parents are unable, even when the most concentrated and intensive support is deployed to assist them, to adequately manage the day-to-day care of their children."

But it is not clear whether there is consistency in support services for parents with learning disabilities across the UK. "It varies," says Anthony Douglas, chief executive of Cafcass, the Children and Family Court Advisory and Support Service, and chair of BAAF Adoption & Fostering.

And it is not just learning disabilities. "The number of children subject to care proceedings doesn't vary, according to the obvious criteria. There are reasons why the levels vary, which are worth examining," he says.

"It would be good to have more research on whether those parts of the country with good support services are not just able to keep the children at home but can also offer positive parenting programmes to parents with learning disabilities and secure better housing and support networks for them. I suspect that's the case but I don't think it's been adequately researched."

Mencap North East runs a support service for parents with learning disabilities but such services are rare. Staff act as advocates and attend child protection conferences and court hearings with parents, for example.

"My job is to make sure they understand the process and ensure their views are heard," says service co-ordinator Helen Newton. "A lot of the people I work with can be good parents but they need support."

Volunteers provide general support to help parents with learning disabilities bring up their children. "They offer practical support, such as helping them attend parent and toddler groups," explains Newton.

Links between adult and children's services is another issue highlighted by the Essex case. "It is a concern," says Douglas. "Especially as adult and children's services split off from each other because the degree of joint working between community learning disability teams and family court or childcare teams is patchy. But that relationship needs to be solid so a family is given an integrated service."

Ian Johnston, director of the British Association of Social Workers, agrees there should be good links between the two. "But the whole of social work is under-resourced with a high staff turnover so staff don't always have time to invest in these relationships," he says.

The legal viewpoint

Legally, following a European Court of Human Rights ruling in February 2002, the Government must make a greater effort to support parents with learning disabilities before taking a child away from them.

"As far as I know, it's the only case of parents with learning disabilities that has gone this far," says Liz Goldthorpe, the chair of the Association of Lawyers for Children.

Although the European case must be read with care since it relates to a German family, under the Human Rights Act 1998 the ruling is applicable to UK cases. Despite support for the parents from an early stage, the European court said not enough had been done to help them keep their children and ruled there had been a violation of Article 8 of the European Convention on Human Rights, the right to respect for private and family life.

But getting that balance right is difficult, says Goldthorpe. "How long do you go on testing the situation when you should be putting children first," she asks.

KEY STATISTICS - Parental illness or disability accounts for six per cent of looked-after children - Abuse or neglect accouts for 62 per cent of looked-after children cases - Source: Department for Education and Skills statistics as at 31 March 2004.